Comment apprécier la suffisance de la requête en regard d'un préjudice potentiel

R. v. Blom, 2002 CanLII 45026 (ON CA)

Lien vers la décision

[23] Where a party complains of inadequate notice, it is crucial for the trial judge to consider the issue of prejudice:
does the failure to provide adequate notice put the opposite party at some unfair disadvantage in meeting the case that is being presented? If there is no real prejudice, inadequate notice should not prevent consideration of the Charter application. If the inadequate notice does put the opposing party at a disadvantage, the court must consider whether something less drastic than refusing to consider the Charter argument, but still consistent with the goal of achieving "fairness in administration and the elimination of unjustifiable expense and delay", can be done to alleviate that prejudice. If so, that course should be followed in preference to an order refusing to entertain the Charter application.