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In August 2024, a Provincial Offences Appeal Court (POAC) judge upheld the trial court’s finding that the City met the standard of due diligence. The Crown sought leave to challenge that finding, but on Monday the Court of Appeal issued a decision declining to hear the case, stating the Crown’s arguments did not raise sufficiently novel legal questions.
Justice Coroza, writing for the Court of Appeal, stated, “This is not one of the exceptional cases raising issues of broad public importance that would justify a further appeal to this court.” He concluded the matter raised issues of mixed fact and law, rather than a question of law alone, which is a prerequisite for leave to appeal under the…