Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses unreasonable delay in complex cases.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Andrew Nugent and his company were prosecuted in the case involving the death of an individual who was poisoned by cyanide at his workplace.
The case involved very complex issues. Both in dealing with the personal liability of potential parties involved in the decision making at the company, as well as in dealing with the corporate liability of the company. There were multiple trials going on in court at the same time.
The last trial to be resolved was set for trial three months after the presumptive sealing from the Jordan decision was expired. An application for the charges to be stayed on the basis of unreasonable delay was brought and was ultimately dismissed by the Court of Appeal, leave was sought by the Supreme Court of Canada and dismissed.
Watch the video for more.