By Peter Carter ( February 24, 2025, 1:48 PM EST) -- Applications by Applicant for a stay of proceeding based on alleged abuse of process by the Crown, alternatively, an order assigning an "out-of-town" Crown to the case, or an order to summon the jury from his original trial to investigate the alleged obstruction of justice during his trial. The factual background involved a 2017 police search of the Applicant's residences, where firearms were found and seized. The Applicant and his co-accused were charged with conspiracy to kidnap. During the Applicant's preliminary hearing, an agreement was reached that no firearms charges would be added to the indictment. The Applicant was later found guilty of counselling to commit extortion, but the conviction was overturned by the Court of Appeal in May 2023 which led to a new trial order. The Crown stayed the charges in July 2023, and in September 2023, the Toronto Police Service initiated a s. 117.05 of the Criminal Code ("Code") proceeding regarding the firearms. The Applicant argued that the Crown reneged on an agreement made during his preliminary hearing for ten counts of conspiracy to kidnap, which stated that no firearms charges would be added to the indictment. The Applicant contended that the Crown's initiation of a s. 117.05 hearing, which sought the forfeiture of firearms found at his properties, was motivated by malice following the overturning of his conviction by the Court of Appeal and the subsequent stay of charges. The Applicant claimed that the Crown's actions constituted an abuse of process, claiming the s. 117.05 hearing was motivated by malice following the overturned conviction. He sought a stay of proceedings, an "out-of-town" Crown to handle the case, and an order to summon the original trial jurors to investigate alleged obstruction of justice. The Crown contended there was no evidentiary or legal basis for these remedies and opposed the applications....