Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when representing an accused person whose trial is conducted in a superior court, or where a preliminary inquiry has been scheduled or held in provincial court, invoking the 30-month presumptive ceiling under the Jordan framework. It addresses specific considerations for preliminary inquiries and co-accused scheduling conflicts under R. v. Jacques-Taylor.
Superior courts of criminal jurisdiction (e.g. Ontario Superior Court of Justice, BC Supreme Court, Alberta Court of King's Bench) or provincial courts conducting preliminary inquiries under Part XVIII of the Criminal Code.
The Process at a Glance: The process begins by electing trial in a superior court or requesting a preliminary inquiry. Counsel coordinates dates, monitors delay during the preliminary phase, and tracks co-accused scheduling. If co-accused counsel conflicts threaten to delay the trial beyond 30 months, counsel assesses severance options. Upon transition to the superior court, the Indictment is filed and arraignment occurs. Counsel calculates the 30-month ceiling and prepares the stay application, addressing any joint trial discrete exceptional circumstances raised by the Crown.
Key Legislation and Case Law: Governed by Part XVIII (Preliminary Inquiries) and Part XX (Superior Court Trials) of the Criminal Code (Justice Laws). The leading authority for joint-trial delay is R. v. Jacques-Taylor, 2026 SCC 20, adopting the four-part test from R. v. Tran, 2020 ONCA 622, to deduct co-accused delays as discrete exceptional events without requiring automatic severance. General superior court trial delay is governed by R. v. Jordan, 2016 SCC 27. Case records are search-accessible via CanLII (Canadian Legal Information Institute).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Section 11(b) Trial Delay Application (Accused) - Superior Court or Preliminary Inquiry Pathway (30-Month Ceiling) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
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