11b - Good News
If anyone is considering using an 11b application here is a link to the most recent decision. Prosecuters are not too happy!
R. ex rel City of Toronto v. Andrade, 2011 ONCJ 470 (CanLII)
The Ontario Court of Justice handed down it's decision on an appeal made by the City of Toronto against the granting of Section 11(b) stays.
The case is R. ex rel City of Toronto v. Andrade. It will be known as R. v. Andrade.
There were two cases involved, one with a delay of 11 months and 28 days (Andrade) and the other, 11 months and 4 days (Hariraj).
In the original trails, the JP's involved accepted that the delays were unreasonable and and stayed the proceedings as a result.
The City of Toronto decided to appeal and lost.