This was a shoplifting case which took place at a Canadian Superstore in Oshawa. As is often the case, this particular store had many items for sale outside the store on the front sidewalk. The client in this case claimed he had pushed his card, full of merchandise, out the door without paying because he was continuing to shop inside. The loss prevention officer for the store said the accused was headed to his car.
Although the client was offered diversion, the client refused this on a matter of principle.
The matter proceeded to trial. En route to trial, numerous requests by Ryan’s lawyer Mr. Anber to the Crown for the video tapes of the alleged theft were unanswered. It then became clear that the video had been lost.
Mr. Anber brought an Application to Stay (Stop) the charges as a result of the lost evidence making the trial unfair.
4 days before the trial, the Crown contacted Mr. Anber and told him not to make the trip into Oshawa; the charges would be withdrawn.