Majority
The judgment of the Court was delivered orally by
Sopinka J.
Sopinka J. ‑‑ This is an appeal as of right. The power to stay proceedings on the ground of abuse of process must only be exercised in the clearest of cases and when it is shown that the conduct complained of violated those fundamental principles of justice which underlie the community's sense of fair play and decency. This is not one of those cases. Nor would compelling the accused to stand trial be oppressive or vexatious in this case. The appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Gold & Fuerst, Toronto.
Solicitor for the respondent: The Attorney General for Ontario, Toronto.