The defendant, Fortunato Zappone, brought a second application to stay proceedings for delay under s. 11(b) of the Charter, facing assault-related charges.
The court analyzed the total delay, deducting periods attributable to defence delay (14 days) and COVID-19 as a discrete exceptional circumstance (4 months 3 days for the first period, and 3 months 18 days for the second period due to the complainant's grandmother's death and the Crown's failure to mitigate).
The court found the net delay was below the presumptive ceiling, concluding that the defendant's right to trial within a reasonable time was not infringed.
The application was dismissed.
