estate were to sue the defendants for payment in a separate
action. Subsection 21(1) of the Act does not bar the addition of
the estate because, as explained, where the defendants have
not pleaded a limitations defence, the estate’s claim against the
defendants has not expired.
 I would therefore allow the appeal, set aside the decision
of the motion judge and order that the estate be added as a
party to the action. As the defendants did not appeal the decision of the motion judge, the issue of whether they may interplead and pay the funds into court is not before the court on
 Costs of the appeal in the agreed amount of $5,000, inclusive of disbursements and HST, are payable by the respondents
to the estate.
Her Majesty the Queen v. Gopie
[Indexed as: R. v. Gopie]
2017 ONCA 728
Court of Appeal for Ontario, Gillese, van Rensburg and D.M. Brown JJ.A.
September 25, 2017
Charter of Rights and Freedoms — Trial within reasonable time —
Defence delay — G, S and others charged with conspiracy to import
cocaine and importing cocaine — Total delay being 43.5 months — Delay
caused by actions of co-accused not attributed to G and S — Delay of
seven months caused by lack of diligence in ordering and following up
on transcripts attributed to defence — Additional three-month delay
caused by double-booking of his trial counsel being attributed to G —
Net delay being 36.5 months in S’s case and 33.5 months in G’s case —
Exceptional circumstance in form of unavailability of Crown witness at
preliminary inquiry reducing net delay by one month — Delay above
30-month ceiling justified in light of complexity of case — Delay also justified as transitional exceptional circumstance.
G, S and others were jointly charged with conspiracy to import cocaine and
importing cocaine. G and S applied for a stay of proceedings on the ground that
their right under s. 11(b) of the Canadian Charter of Rights and Freedoms to be
tried within a reasonable time was infringed. The total time from the laying of
the charges to the anticipated end of the trial was 43.5 months. The trial judge,
analyzing that delay under the Morin framework, found that the combined institutional and Crown delay was 59 days in the Ontario Court of Justice, which was
within the Morin guideline of eight to ten months, and 268 days in the Superior