The appellant appealed his fraud convictions, arguing the trial judge erred in dismissing his pre-trial s. 11(b) Charter application for unreasonable delay and in refusing to allow a second s. 11(b) application post-trial but pre-sentencing.
The Court of Appeal upheld the application judge's calculation of delay, confirming that time runs from the date the information is sworn, not the arrest date, and that incomplete disclosure did not cause the delay.
The Court also found no error in the trial judge's refusal to adjourn sentencing for an unperfected second delay application.
The appeal from conviction was dismissed, and the sentence appeal was abandoned.
