An application for a non-suit has been dismissed by Justice Kirk Munroe.
Today, Laura Joy, the lawyer for Andrew Williams brought forward an application for a non-suit arguing to the court there wasn't enough evidence for the case to proceed. That request was dismissed and the trial will resume tomorrow at 11:30am.
Joy says she's not surprised with the outcome.
"Quite frankly a non-suit is a very difficult motion to succeed in," says Joy. "As the judge indicated it is just whether or not there's any evidence, it's not a weighing of the evidence, it's not looking at the reliability of the evidence, it's not looking at the credibility of the evidence."
Joy says her client will be on the stand tomorrow (Thursday).
"I'm in a position to put him on the stand, I will be calling him. We have a late start tomorrow (Thursday), we're starting at 11:30 in the morning and my client wants to get up and tell his story," says Joy.
Williams is the Lakeshore father charged in connection with the deaths of two of his children in a train-minivan collision.
He pleaded not guilty to seven counts including criminal negligence causing death, criminal negligence causing bodily harm and dangerous operation of a motor vehicle.
In June 2012, Williams tried to cross the tracks on Strong Side Rd. in Lakeshore ahead of an oncoming freight train. The collision claimed the lives of Williams's two children 6-year-old Wynter and 3-year-old Brooklyn.