Stefan Dimitryjevec

The accused was charged with assault contrary to s. 266 of the Criminal Code following an altercation outside a bar.

The complainant alleged the accused punched her in the face, causing her to fall to the ground.

The accused claimed he did not make physical contact and that the complainant tripped and fell on her own.

The central issue was the credibility and reliability of witness evidence.

The court found the complainant's evidence, corroborated by video evidence and the testimony of a sober independent witness, established that the accused rushed toward the complainant with an extended arm and made contact with her head area, causing her to fall.

The accused's evidence was found to be inconsistent with the video record and other credible evidence.

The court found the Crown proved the allegation beyond a reasonable doubt and entered a conviction.

The accused was charged with assault and brought a Charter s. 11(b) application alleging unreasonable delay.

The trial commenced in November 2015 but required multiple adjournments, with trial dates scheduled for November 27, 2015, February 3, 2016, June 10, 2016 (for the s. 11(b) application), and July 19-20, 2016.

The court analyzed the delay from the swearing of the Information, distinguishing between neutral intake time, inherent time for Crown preparation, and institutional delay.

The court found total institutional delay of approximately 5 months and 8 days, which was well below the guidelines established in R v Morin.

The application was dismissed.