S. McLean

The plaintiff brought a motion opposing the confirmation of a certificate of assessment delivered by an assessment officer regarding his former lawyer's fees.

The plaintiff argued the assessment officer made unreasonable errors in principle, including findings about the termination of the retainer and the lawyer's hourly rates.

The court found no legal error, misapprehension of evidence, palpable factual error, or unreasonable assessment, noting that assessment officers are owed deference.

The motion was dismissed.

The applicant was charged with public mischief following a private information sworn by her estranged husband.

The charge arose from her report to police of an alleged assault.

The applicant brought a section 11(b) Charter application seeking a stay of proceedings based on delay in trial.

The net delay from the swearing of the information to the anticipated trial date was approximately 14.5 months, below the 18-month presumptive ceiling for provincial court.

The court found that while the defence had taken meaningful steps to expedite proceedings, the case had markedly exceeded reasonable time requirements due to systemic failures and Crown complicity in unnecessary delays, particularly during the pre-enquette phase and service of process.

A stay of proceedings was granted.