L’Heureux‑Dubé J.
L’Heureux‑Dubé J. ‑‑ The majority of Cory, McLachlin and Major JJ. would allow the appeal. In their view, the trial judge carefully considered all the relevant factors referred to by this Court in Askov and Morin and made no error in the manner in which he exercised his discretion, L’Heureux‑Dubé and Iacobucci JJ. dissenting for the following reasons. In their view, the Ontario Court of Appeal was correct in finding error in the trial judge’s dealing with the period of delay and the matter of prejudice to the appellant. Balancing all of the relevant guidelines from Askov and Morin, the Court of Appeal properly reversed the stay ordered by the trial judge and so they would accordingly dismiss the appeal.