11/09/2017 09:57 EST | Updated 11/09/2017 10:02 EST

Judge rules Ontario gas plants email trial should continue

TORONTO — A judge has ruled that an Ontario trial involving two former senior political aides accused of illegally destroying documents should continue.

Ontario court Judge Timothy Lipson on Thursday rejected a defence argument that the prosecution had no case against David Livingston and his deputy Laura Miller.

The defence had applied for a directed verdict, meaning it would not have to call evidence to rebut prosecution witnesses.

The two top aides to former premier Dalton McGuinty are charged with illegally erasing documents related to the government's decision to scrap gas plants ahead of the 2011 provincial election.

They have pleaded not guilty to mischief and illegal use of a computer. Lipson changed the mischief charge to a count of attempt to commit mischief.

The prosecution had already dropped a third charge on breach of trust.