A motion to recuse the trial judge and order a mistrial has been dismissed in the second sexual assault case of former Windsor Spitfire Ben Johnson.
The defence argued they didn't receive proper notice of a hearing to appoint the complainant a lawyer and that Johnson wasn't in attendance. They also insist there was a conflict of interest because the complainant's lawyer is married to someone in the Crown's office.
The judge ruled there was no reasonable injustice because the defence did receive notice and someone from the law firm was present for the hearing. He also says the lawyer's wife in the Crown's office isn't involved with this case.
The alleged incident took place in March 2013.
During Friday's hearing there was some confusion because the Crown's office mistakenly sent trial documents to another law firm instead of the defence.
The judge calls this an "embarrassing mistake" and is giving the defence more time because there was late disclosure. This will allow lawyer Patrick Ducharme to "properly" defend his client against these "very serious charges."
The case will reconvene Wednesday morning.