R. v. Shaikh, 2019 ONCA 895

JurisdictionOntario
JudgeWatt, Lauwers and Paciocco JJ.A.
Citation2019 ONCA 895
Docket NumberC64925
CourtCourt of Appeal (Ontario)
Date13 November 2019
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22 practice notes
  • Court Of Appeal Summaries (November 11 – November 15, 2019)
    • Canada
    • Mondaq Canada
    • November 22, 2019
    ...Charter of Rights and Freedoms, R. v. Oickle, 2000 SCC 38, R. v. Grant, 2009 SCC 32, R. v. Moran (1987), 36 C.C.C. (3d) 225 R. v. S., 2019 ONCA 895 Keywords: Criminal Law, Robbery, Firearm Offences, Uttering Death Threats, Carrying a Concealed Weapon, Double Jeopardy, Delay, Standard of Rev......
  • R. v. Wookey,
    • Canada
    • Court of Appeal (Ontario)
    • February 3, 2021
    ...was tried in the Ontario Court of Justice, without a preliminary inquiry, the case was governed by the 18-month ceiling: R. v. Shaikh, 2019 ONCA 895, 148 O.R. (3d) 369. The net delay far exceeded 18 months. [4] The Crown did not discharge its burden of justifying the delay in excess of the ......
  • R. v. Chung,
    • Canada
    • Court of Appeal (Ontario)
    • March 31, 2021
    ...and the anticipated end of the trial on March 27, 2017 was 2,369 days, or 77.9 months using the formula for conversion in R. v. Shaikh, 2019 ONCA 895, 148 O.R. (3d) 369, at para. 33. The application judge found that there had been 144 days of implied or implicit defence waiver by both Jun-C......
  • R. v. Truong,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • December 22, 2020
    ...which was filed on December 12, 2019. [8] To convert days to months I have divided the total number of days by 30.417: R. v. Shaikh, 2019 ONCA 895, at footnote 2. [9] In R. v. Brar, 2020 ONSC 4740, at para. 125, Woollcombe J. concluded that the time taken to argue and decide a pre-trial or ......
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21 cases
  • R. v. Wookey,
    • Canada
    • Court of Appeal (Ontario)
    • February 3, 2021
    ...was tried in the Ontario Court of Justice, without a preliminary inquiry, the case was governed by the 18-month ceiling: R. v. Shaikh, 2019 ONCA 895, 148 O.R. (3d) 369. The net delay far exceeded 18 months. [4] The Crown did not discharge its burden of justifying the delay in excess of the ......
  • R. v. Chung,
    • Canada
    • Court of Appeal (Ontario)
    • March 31, 2021
    ...and the anticipated end of the trial on March 27, 2017 was 2,369 days, or 77.9 months using the formula for conversion in R. v. Shaikh, 2019 ONCA 895, 148 O.R. (3d) 369, at para. 33. The application judge found that there had been 144 days of implied or implicit defence waiver by both Jun-C......
  • R. v. Truong,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • December 22, 2020
    ...which was filed on December 12, 2019. [8] To convert days to months I have divided the total number of days by 30.417: R. v. Shaikh, 2019 ONCA 895, at footnote 2. [9] In R. v. Brar, 2020 ONSC 4740, at para. 125, Woollcombe J. concluded that the time taken to argue and decide a pre-trial or ......
  • R. v. Zahor,
    • Canada
    • Court of Appeal (Ontario)
    • June 8, 2022
    ...days + 239 days + 24 days) = 514 days = 16.9 months (rounded to one decimal place and using the day-to-month conversion in R. v. Shaikh, 2019 ONCA 895, at fn. [7] 1,008 days – (½ x 231 days + 24 days + 48 days) = 820.5 days = 27.0 months (rounded to one decimal place and using t......
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1 firm's commentaries
  • Court Of Appeal Summaries (November 11 – November 15, 2019)
    • Canada
    • Mondaq Canada
    • November 22, 2019
    ...Charter of Rights and Freedoms, R. v. Oickle, 2000 SCC 38, R. v. Grant, 2009 SCC 32, R. v. Moran (1987), 36 C.C.C. (3d) 225 R. v. S., 2019 ONCA 895 Keywords: Criminal Law, Robbery, Firearm Offences, Uttering Death Threats, Carrying a Concealed Weapon, Double Jeopardy, Delay, Standard of Rev......

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