Law360 Canada ( May 21, 2021, 9:08 AM EDT) -- Appeal by the Crown from a stay of proceedings. The accused, Ke, was charged with sexual assault. The Crown proceeded by way of indictment. The accused elected a trial by judge alone. The complainant completed her examination in-chief. The proceedings were adjourned to explore continuation dates and the complainant was instructed to return for cross-examination. She was served with a subpoena for the continuation date. When trial resumed, the complainant failed to attend for cross-examination, as she was in China for medical reasons. The complainant’s prior e-mail to the Crown notifying of her unavailability was not discovered until the continuation date, as it was diverted to a junk folder. The trial judge asked for potential remedies. The Crown sought a brief adjournment with issuance of a material witness warrant. The defence sought a stay of proceedings. The trial judge immediately announced a stay of proceedings. The Crown appealed....