Legal Representatives as Parties

==IPC Investment Corporation v. Sawaged, 2011 ONSC 8302 (CanLII)

R. v. C.R.G., 2005 CanLII 32192 (ON CA)

[8] One other minor complication should also be mentioned. Because the respondent was a Hamilton police officer, it was [page312] necessary to take special steps to ensure the appearance of fairness to the parties. Thus, the case was assigned to an assistant Crown Attorney from another jurisdiction and the preliminary inquiry judge, Ledressay J., and the trial judge were from other jurisdictions.

[17] In Morin at pp. 794-95 S.C.R., p. 18 C.C.C., Sopinka J. held that institutional delay "starts to run when the parties are ready for trial but the system cannot accommodate them". He pointed out that, in Askov, the court was dealing with a delay of two years subsequent to committal for trial, all of which was institutional or systemic delay. Cory J.'s comment in Askov that a delay beyond six to eight months between committal and trial was unreasonable had to be read in that context. At pp. 798-99 S.C.R., p. 21 C.C.C. of Morin, Sopinka J. made it clear that this six- to eight-month guideline referred only to institutional or systemic delay:

In Askov, Cory J., after reviewing comparative statistics, suggested that a period in the range of 6 to 8 months between committal and trial would not [page316] be unreasonable. Based on the foregoing, it is appropriate for this Court to suggest a period of institutional delay of between eight and 10 months as a guide to Provincial Courts. With respect to institutional delay after committal for trial, I would not depart from the range of 6 to 8 months that was suggested in Askov. In such a case this institutional delay would be in addition to the delay prior to committal. This reflects the fact that after committal the system must cope with a different court with its special resource problems. It is therefore essential to take into account the inevitability of this additional institutional delay.

(Emphasis added)