My Cases — Excessive Delay

Our Charter guarantees you a trial within a reasonable time. But what's unreasonable? If your case is not complicated, delay can become arguable after 12 months. But the remedy is not automatic. What do you have to do? You must file and argue a Charter application. Your success will depend on the Judge's assessment of (i) the length of the delay, (ii) the reasons for the delay, and (iii) any prejudice you have suffered. Listed below are cases dismissed for delay or where the delay played a role. All information has been edited, of course, to protect my clients' privacy.

Andre's Case - Theft (employer) - 17 months and 19 days
Borat's Case - Speeding and Fail to Stop - 12 months
Daniel's Case - Impaired Driving and Over 80 - 13 months
Frank & Joe's Case - Theft - adjournment refused after 16 months
Gavin's Case - Over 80 - withdrawn after 16 months and 17 days
Giselle's Case - Refuse Breath Sample - 14 months and 6 days
Jeff's Case - Over 80 - adjournment refused after 13 months
Roland's Case - Possess Child Pornography - 17 months and 26 days
Steven's Case - Over 80 - withdrawn after 13 months and 28 days