Shamai J.

The defendant was charged with two counts of mischief to private property under section 430(4) of the Criminal Code for installing a concealed webcam in a condominium apartment that he leased and sublet to two women.

The defendant claimed the women were not in lawful occupancy and therefore had no right to lawful enjoyment of the property, and alternatively, that he acted with colour of right to protect his property.

The court found that the women were in lawful enjoyment of the residential premises despite the technical breach of lease terms, that privacy is a fundamental aspect of lawful enjoyment of a home, and that the defendant's installation and operation of the hidden camera constituted a wilful interference with that enjoyment.

The defendant's claim of colour of right was rejected as neither honest nor reasonable.

The defendant was found guilty on both counts.

The accused brought a Section 11(b) Charter application seeking a stay of proceedings for unreasonable delay.

Charged on April 14, 2015, with impaired driving and "over 80," the trial was set for September 26-27, 2016, representing approximately 17 months of delay.

The application was heard on July 13, 2016, shortly after the Supreme Court of Canada released its landmark decision in R. v. Jordan, which established an 18-month ceiling for delay in Ontario Court of Justice cases.

The court found that while the delay fell slightly below the presumptively reasonable threshold, the accused failed to demonstrate meaningful steps to expedite proceedings and the delay did not markedly exceed what was reasonably required.

The application was dismissed and the trial dates were upheld.