Law360 Canada ( January 27, 2023, 6:54 AM EST) -- Application by Gomes and Downey to stay the charges against them. The application was because of an alleged violation of their right to be tried within a reasonable time. Both accused were arrested on February 9, 2021, and the information charging them on the offences was sworn on February 10, 2021. The dates for trial were not set until an appearance on March 1, 2022, and the eight trial dates from January 3, 2023 to January 26, 2023, were scheduled at that time. The total delay from the date the information was sworn until the anticipated conclusion of the trial was 23 months and 16 days, five months and 16 days over the presumptive ceiling of 18 months for trials. The main issue on this application was whether the delay by Gomes in agreeing to set a date for trial until March 1, 2022, amounted to delay attributable to the defence, or whether all the delay prior to the setting of the trial date was attributable to the failure of the Crown to provide essential disclosure in a timely way....