R v Szender, 2010 ONCJ 615, 2010 CarswellOnt 10062: Apparently the local Crown's office "consistently refuses to make elections for hybrid offences at the time a trial date is being set" [para 9]. In Szender this practice arose and Crown and defence were invited to make submissions on the issue - the Crown did so, the defence chose not to. Ziegler JP ruled that the Crown must elect at the time of setting of dates.
DG Mack