The man who allegedly opened fire in the Eaton Centre food court has been granted a new trial.
Christopher Husbands is accused of killing two men in 2012 and injuring several others, including a 13-year-old boy, while shooting at members of a rival gang.
A jury found him guilty on two counts of second-degree murder and sent him to prison for 30 years.
A three-member panel has now ruled the jury wasn't selected properly, making the guilty verdict meaningless, and granted Husbands' appeal.
At issue is the fact the trial judge overruled a request by defense on the method that should be used to select jury members.
"It sounds like this judge's policy was 'I'm not going to waste time in my courtroom, I've got inherent jurisdiction over how these kinds of things are decided. This is the way I have done it in every other case, I think your objection is, sort of, foolish and has no basis so I am going to impose my will," says NEWSTALK 1010 chief legal analyst Edward Prutschi. "Judges have enormous latitude and discretion about what they are going to do in their court. But, what judges can't do is rise above the law."
During the trial, Husband's lawyer argued his client should be found not criminally responsible due to post-traumatic stress disorder.
A date for a new trial hasn't been set.
You can read the appeal court's full decision by CLICKING HERE.