In June 2012, a stage collapsed before Radiohead’s scheduled concert in Toronto, killing drum technician Scott Johnson, who was 33. A year later, Ontario’s Ministry of Labour brought charges against Live Nation, which promoted the concert. Scaffolding company Optex Staging and Services and engineer Dominic Cugliari also face charges in the case. Recently, Live Nation and Cugliari asked the court to throw out the charges because the legal proceedings have gone on too long, citing a new Supreme Court ruling on trial delays.

Today, Justice Shaun Nakatsuru denied their request, ruling that the trial may proceed, as the Toronto Star reports. The prosecutor in the case, David McCaskill, confirmed to Pitchfork that the motions were dismissed entirely. The slow pace of the trial was appropriate given the technically detailed nature of the evidence in the case, Nakatsuru found. “The issue of how the stage collapsed, and who is responsible for that, is complex,” he reportedly told the courtroom. The next hearing in the case is scheduled for December 5, and is set to end in January 2017.

Ken Johnson, Scott Johnson’s father, made a last-minute decision over the weekend to travel from the UK to Toronto. He hadn’t wanted to miss what was potentially the end of the trial. “It could have gone either way,” he told Pitchfork after the decision was announced. “A very emotional day. I hope that it will be seen that Live Nation’s reputation is not looking good when the whole case is about defending it.”

He told the Star he was “pleased” the case would continue. “Whatever happens, it won’t bring Scott back,” he said. “We’ll get to know. And Scott gets to know.” He also said, “I would really like to speak with Live Nation and tell them to get on with it.”

A representative for Live Nation did not immediately respond to Pitchfork’s request for comment on the ruling. A Live Nation spokesperson previously said the company doesn’t comment on ongoing litigation.

In 2013, Live Nation issued a statement to The Hollywood Reporter denying any wrongdoing and vowing to “vigorously defend” itself. The statement said, “We absolutely maintain that Live Nation and our employees did everything possible to ensure the safety of anyone who was on or near the stage involved in the tragic incident that led to the unfortunate death of Mr. Scott Johnson.”

A Radiohead representative also didn’t immediately respond to a request for comment. The band dedicated its new album A Moon Shaped Pool in memory of Johnson.

Read “Waiting on Justice for the Radiohead Stage Collapse That Killed Scott Johnson” over on the Pitch.