What is the test for determining whether a delay in disclosure is deliberate or deliberate?
Ontario, Canada
The following excerpt is from R. v. Singh, 2015 ONCJ 832 (CanLII):
[33] Justice Green in R v. Seeveratnam [2010] OJ No. 2815 at para. 48 indicates that the key evaluative considerations are the potential materiality of the delayed disclosure, its bearing on the important forensic choices, and, if discernable, whether counsel’s conduct in requesting the material sought is bona fide or designed to engineer delay.
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