Please Note: Past results not predictive of future results.
Case Study: Domestic Assault x3, Criminal Harassment, Mischief Under & Theft Under – Charges Withdrawn
After a review of all disclosure materials with Mr. C. it was evident that the complainant came forward with false allegations.
Case Study: Unauthorized Possession of Firearm, Drive Vehicle with Cannabis Readily Available & Possession of Unmarked Cigarettes
The officer made inquiries on the roadside and was quickly granted authorization under the Tobacco Tax to search the entire vehicle.
Case Study: Domestic Assault-Withdrawn
After discussions with the Crown as well as Ms. L., it was agreed that after Ms. L. completes anger management counselling her charges will be withdrawn.
Case Study: Impaired Operation and Over 80-No Conviction
Less than one week before trial the Crown ceased with the prosecution and offered to withdraw Ms. H.’s charges for a plea to a Highway Traffic Act offence of careless driving.
Case Study: Sexual Assault – Withdrawn
The charge of sexual assault was withdrawn after there were extensive negotiations with the Crown Attorney’s office.
Case Study: Assault with a Weapon (Knife) and Possession of a Weapon Dangerous to Public – Charges Withdrawn
We took advantage of all available avenues and in the end, after multiple meetings with the Crown, we were able to have the charges withdrawn.
Case Study: Impaired & Over 80 – No Conviction
There were no restrictions or limitations placed on our client's driving privileges and he did not get a criminal conviction. All charges were withdrawn.
Case Study: Plea Bargain – Break and Enter
Our goal was to keep our client out of a lengthy jail sentence. Our client entered a plea bargain and some charges were withdrawn.
Case Study: Charge Withdrawn – Voyeurism
Our client faced a criminal record and a jail sentence, but had hopes of studying law. Our client obtained a peace bond and charges were withdrawn.
Case Study: Charge Withdrawn – Arson
The objective was to establish doubts in the evidence presnted by the Crown, and have the charges withdrawn. This was done successfully.
Case Study: Charges Withdrawn – Resist Arrest, Assault Police Officer
We did not want to put our senior client through the stress of a trial. We got both charges withdrawn and our client kept his spotless criminal record.
Case Study: Withdrawal, No Conviction – Assault Charges
Our client had stable employment that would have been jeopardized with a criminal record. We were able to get the charges withdrawn.
Case Study: Withdrawn and No Record – Mischief to Data Under $5,000
Our client was a working professional. Charges were withdrawn and the client was able to avoid a criminal record that would have adversely affected her job.
Case Study: Over 80 – Reduced Fine and No License Suspension
With an Over 80 charge, our client was able to avoid a criminal record and losing his driver’s licence as a result of cross-examination.
Case Study: Conviction appeal – Failing to comply with the regulations of the Occupational Health and Safety Act
We successfully appealed our client's conviction. This was a novel issue that had not previously been decided and was reported in a reputable law journal.
Case Study: Resolved with a plea – Over 80; Open Alcohol; No Life Jacket
In this case, the Crown agreed that our client's rights had been breached by police, and the file was resolved with a creative plea.
Case Study: Over 80 – Charge Withdrawn and No Criminal Record
Our client, a young first time offender with hopes of attending university and starting a career, was able to avoid a criminal record as well as implications for his driver's license.
Case Study: Charges Dismissed – Indecent Assault on a Male and Administering Noxious Thing
The story the complainant gave was filled with contradictions; both internal contradictions, and contradictions with the stories of the rest of the family. That said, the majority of the defence relied upon the uncorroborated evidence of the accused and other members of the family, making the case more complex.
Case Study: Acquittal – Refusing to Provide a Breath Sample in Oshawa
His Honour agreed that, following the precedent of R. v. White [1992] and R. v. Roberts [2018] the statement given by Mr. S. implicating himself as the driver would be excluded as evidence.
Case Study: Acquittal – Failure to Provide a Breath Sample into an Approved Screening Device in Oshawa
Mr. K. was acquitted on the grounds that the Crown failed to prove that Mr. K.’s refusal to provide a breath sample was intentional and not a misunderstanding.
Case Study: Over 80 Acquittal in North Bay
During the cross examination we focused on the violation of s.10(b), and revealed that there were actually major gaps in the officers recollection of the events at the station.
Case Study: Dismissal of Charges – BAC Over 80, Impaired Driving & Possession of Open Alcohol While Driving in Brantford
The judge noted that while both the Crown and defence had presented a substantial amount of evidence he was concerned with the lack of certainty the Breath Tech had in the accuracy of the Intoxilyzer 8000c reading at the time.
Case Study: Sexual Assault in Peterborough
Mr. C. came to our office in a state of panic. He had been accused of sexual assault stemming from a sexual encounter with an acquaintance that he was adamant had been, at all times, consensual.
Case Study: Care or Control Over 80 / Impaired in Peterborough
It was clear to us that Mr. B.’s name had been searched before police decided to arrest him. In the time the search was being conducted, no further indicia of impairment were noted by the officers.
Case Study: Driving Over 80 / Care or Control in Lindsay
When police arrived on scene, Mr. K. was outside of his vehicle asking for police assistance. Officers then detected the odour of alcohol on his breath.
Case Study: Assault in Oshawa
Mr. F. panicked and pulled his wife from the car before chasing down the moving vehicle, entering the car and turning off the engine.
Case Study: Impaired Driving and Refuse Breath Sample
Mr. A. was charged with Impaired Driving contrary to s. 253(1)(a) of the Criminal Code and Refusing to Provide a Breath Sample contrary to s. 253(5) of the Criminal Code.
Case Study: Impaired, Over 80
Our client, a young man, aged 34 found himself in difficulties with the police, and retained me to assist with his file.
Case Study: Over 80
Our client, Mr. N, was a hard working 23 year old man, employed as a bricklayer. It was essential to our client that he keep his driver’s licence so that he could travel from job to jobs sites in the Chatham area.
Case Study: Impaired, Over 80
Kingston Police charged Mr. N. with impaired operation of a motor vehicle and operate a motor vehicle with more than 80 mg of alcohol in 100 ml of blood.
Case Study: Assault Allegations
It was alleged that Mr. C. then grabbed J. by the neck and shoved her outside and into the snowbank by placing her face first into the snowbank on the deck.
Case Study: Careless Use of a Firearm
At the time of being charged, our client was an elderly 67 year old gentleman, who had a seasonal property in the rural Peterborough area. Mr. L. and his wife came to see me regarding the upsetting situation they found themselves in with the Peterborough Ontario Provincial Police.
Plea Bargain: Robbery; Wearing a Disguise with Intent; & Possession of a Weapon for a dangerous purpose (2 out of 3 withdrawn).
City: Kingston, Ontario Our Client: Mr. L. Complainant: Mr. M., Mr. S., & Kingston Police Service Charge(s): Robbery; Wearing a…
Acquittal: Care or Control Over 80 (Case Study)
To overcome a Care and Control Over 80 charge, we either: had to show that Mr. C. was not, in fact, in care or control of the vehicle; or, have the evidence of the breath readings showing the high BAC, excluded.
Acquittal – Over 80mg, Failing to Have Insurance Card, & Passing by Driving off Roadway (Case Study)
Acquittal City: Toronto, Ontario Our Client: Mr. B. Complainant: Toronto Police Services Charge(s): Operation of Motor Vehicle…
Acquittal: Over 80mgs (Case Study)
Acquittal City: Oshawa. Ontario Our Client: Mr. B. Complainant: Durham Regional Police Charge(s): Impaired…
Acquittal: Over 80 (Case Study)
Over 80 cases are highly technical and involve a mixture of statutory and constitutional requirements. Failing to meet, or the violation of, those requirements often results in evidence being excluded and an acquittal entered.
Acquittal – Criminal Negligence Causing Bodily Harm, Dangerous Operation of a Motor Vehicle, Dangerous Operation Causing Bodily Harm & HTA Careless Driving and Driving a Commercial Vehicle with a Critical Defect (Case Study)
Acquittal City: Pembroke, Ontario Our Client: Mr. M. Complainant: Ontario Provincial Police Charge(s): Criminal Negligence Causing…
Acquittal Case Study: Assault, Forcible Confinement, and Mischief Over $5000
Agreeing to a Peace Bond often seems like a reasonable resolution to avoid a criminal conviction and conclude the matter quickly. The Crown may agree to the Peace Bond, but usually require our clients to take the Partner Assault Response (PARs) Program first.
Charges Withdrawn – Assault (Domestic) – (Case Study)
Agreeing to a Peace Bond often seems like a reasonable resolution to avoid a criminal conviction and conclude the matter quickly. The Crown may agree to the Peace Bond, but usually require our clients to take the Partner Assault Response (PARs) Program first.
Acquittal – Care or Control of Motor Vehicle with More than 80mg of Alcohol in 100ml of Blood (Case Study)
Acquittal City: Barrie, Ontario Our Client: Mr. M. Complainant: Barrie Police Services Charge(s): Care or Control of…
Charges Withdrawn: Theft Under $5000 (Shoplifting) & Possession Of Stolen Property Under $5000 (Case Study)
Charges Withdrawn City: Whitby, Ontario Our Client: Mr. S. Complainant: Loblaw’s & Durham Regional Police…
Charges Withdrawn – Possession of Marijuana (Case Study)
Mr. R. had a good job with a big company. A criminal record would affect his career and ability to travel to the US. The goal was to avoid a criminal record. Thus, we entered into negotiations with the crown to see whether direct accountability may be an applicable outcome for possessing a quantity of marijuana.
Charges Withdrawn – Impaired Driving, Over 80 mg, and Dangerous Driving (Case Study)
Charges Withdrawn City: Kingston, Ontario Our Client: Mr. C. Complainant: OPP Charge(s): 2 counts of…
Acquittal – Refuse or Fail to Provide Breath Sample (Case Study)
Acquittal City: Woodstock, Ontario Our Client: Mr. H. Complainant: Woodstock Police Services Charge(s): Refuse or Fail…
Impaired Driving and Over 80 Withdrawn – Plea to Careless Driving (Case Study)
Mr. H. had been charged with Over 80 and with impaired driving. While the officer had dropped the “refuse” charge, it was possible that the charge could be resurrected. It was also possible that a dangerous driving charge could be added. A trial would be risky, especially if we had to face four charges rather than two. We had to prevent these additional charges being added to the existing two charges and if possible to avoid a trial in this case. We started by filing a Charter challenge to argue that Mr. H.’s rights had been infringed by police and then we approached the Crown to attempt to negotiate a plea to the non-criminal offence of careless driving which would not leave Mr. H. with a criminal record.
Acquittal: Over 80 (Case Study)
Acquittal City: Toronto, Ontario Our Client: Mr. G. Complainant: Toronto Police Service Charge(s): Operation of Motor Vehicle…
Acquittal: OVER 80 mg (Case Study)
Mr. J.G. was charged with “Over 80,” which is a criminal offence. He had a prior drinking and driving conviction which meant that if he pleaded guilty or lost at trial, he was looking at a minimum of 30 days jail, a three-year licence suspension, a further three years after that of driving with the ignition Interlock device, a mandatory alcohol education/treatment program, a fine and a mandatory victim surcharge. The goal was to fight and beat this charge.
Acquittal – Care and Control Over 80 (Case Study)
Acquittal City: Oshawa, Ontario Our Client: Mr. T.G. Complainant: Durham Regional Police Service Charge(s): Care…
Acquittal-Assault, Forcible Confinement, and Mischief (Case Study)
This case would turn on the question of credibility. The complainant’s testimony would be pitted against our client’s. Each would have a different version of the events. It would be a classic “he-said-she-said” situation. We would present our client’s version of what happened, while raising a reasonable doubt about the complainants’s story and systematically attacking the Crown’s case. To do so, we would, through cross-examination, have to bring into question the reliability and/or credibility of the complainant’s testimony.
Care and Control / Over 80 mg Dismissal (Case Study)
City: Sault Ste. Marie, ON Our Client: Mr. K.M. Complainant: Ontario Provincial Police (OPP) Charge(s): Care &…
Acquittal – Care or Control of a Motor Vehicle While Impaired / Over 80 / Sexual Assault (Case Study)
Acquittal City: Oshawa, Ontario Our Client: Mr. Hd. Complainant: Durham Regional Police Force Charge(s): Care or Control…
Dismissal – Impaired / Over 80 Charges in Oshawa (Case Study)
Acquittal City: Oshawa, Ontario Our Client: Mr. A. Complainant: Ontario Provincial Police Charge(s): Operation of…
Acquittal – Care or Control Over 80 in Oshawa (Case Study)
Charge Dismissed City: Oshawa, Ontario Our Client: Mr. G. Complainant: Durham Regional Police Service Charge(s):…
Acquittal – Sexual Assault – Sexual Exploitation – Sexual Interference (Case Study)
Charge Dismissed City: Oshawa, Ontario Our Client: Mr. G. Complainant: “C.” (A minor at the…
Impaired, Over 80 & Novice Driver BAC Over 0 (Case Study)
Our Client: Mr. N. Complainant: Ontario Provincial Police (OPP) Charge(s): Impaired/Over 80/Novice Driver BAC above…
Appeal – Rights Violated (Case Study)
Acquittal City: Toronto, Ontario Our Client: Mr. J. Complainant: Toronto Police Service Charge(s): Operate Motor Vehicle with More…
Over 80 – Police Misconduct (Case Study)
Acquittal City: Oshawa, Ontario Our Client: Ms. M. Complainant: Durham Regional Police Charge(s): Care and Control of…
Careless Driving Instead of Impaired Driving & Over 80mg (Case Study)
Our Client: Mr. N. Complainant: Canadian Forces Military Police Charge(s): Impaired Driving and Over 80mg Lawyer: Richard…
Over 80mg – Stay of Proceedings (Case Study)
City: Oshawa. Ontario Our Client: Ms. B. Complainant: Durham Regional Police Charge(s): Over 80mg Lawyer: Richard J.…
Care & Control and Over 80 Acquittal (Case Study)
City: Oshawa. Ontario Our Client: Mr. G. Complainant: Durham Regional Police Charge(s): Care and Control of a…
Acquittal – Impaired by Drugs and Dangerous Operation (Case Study)
City: Oshawa. Ontario Our Client: Mr. B. Complainant: Durham Regional Police Charge(s): Impaired by Drugs, Dangerous…
