A Toronto gym teacher who was accused of sexually assaulting a 17-year-old student at his school has seen his charges tossed for delay after no judge was available to hear his trial in a case that shines a spotlight on the courts’ practice of overbooking trials.

For three days in a row in May, the teacher, his lawyer and the Crown attorney showed up ready for trial in the Superior Court of Justice, but each day they were told no judge was available to preside over it. They took the next available dates that worked for the court and the lawyers, setting the trial down for August.