Two men convicted of plotting to crash a Via Rail train have chosen to be tried by judge alone should their case not proceed to the Supreme Court of Canada.

The Ontario Court of Appeal overturned the 2015 convictions of Raed Jaser and Chiheb Esseghaier on terror-related charges related to an al-Qaeda-inspired plot to derail a passenger train travelling between the United States and Canada.

The men were sentenced to life in prison with no chance of parole until 2023.

The appellate court ordered a new trial for the men, which is scheduled to begin in the Superior Court of Justice on Sept. 14, 2020.

The Crown has asked the Supreme Court to review the appeal court's decision, which cited an error in jury selection as the reason for overturning the lower court's ruling.

Superior Court Justice John McMahon says he is proceeding with the case assuming the Supreme Court chooses not to hear it.