What is the legal test for taking 17 months to get to trial?
Ontario, Canada
The following excerpt is from R. v. Michelutti, 2009 CanLII 34768 (ON SC):
The 17 months that this case took to get to trial is outside of the time limits articulated in R v. Morin. However, much of the delay resulted from the actions of the accused. When the history of this case is fully reviewed, together with the inherent time requirements for such a case, the minimal prejudice suffered by the defendants and the importance of dealing with drinking and driving cases, the delay was not unreasonable.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for an 8 to 10 month guideline for institutional delay in a criminal trial? (Ontario, Canada)
Is a credit card agreement providing for interest at 2.4% per month calculated on the previous month’s balance calculated on a monthly basis calculated on an annual rate of 28.8%? (Ontario, Canada)
How has the trial judge reviewed the evidence at a jury trial? (Ontario, Canada)
What is the test for ordering a new trial after a civil jury trial? (Ontario, Canada)
Can a plaintiff who takes a lethal dose of a prescription drug, later takes his own life, sue the tortfeasor who prescribed the drug? (Ontario, Canada)
What is the legal test for admitting fresh evidence on appeal concerning matters that pre-date the trial? (Ontario, Canada)
Is there a risk to the trial of this report if this report is excluded from the trial? (Ontario, Canada)
Is the order of a trial judge dispensing with a jury during the course of the trial consistently treated as an exercise of the exercise of his discretion? (Ontario, Canada)
How has the trial judge considered the totality of evidence at trial for impaired driving? (Ontario, Canada)
Does the term “to actual or anticipated end of trial” mean that the trial ended after a period of reserve time? (Ontario, Canada)
