Please Note: Past results not predictive of future results.
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…
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…
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.…
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 80 – Police Misconduct (Case Study)
Acquittal City: Oshawa, Ontario Our Client: Ms. M. Complainant: Durham Regional Police Charge(s): Care and Control of…
Appeal – Rights Violated (Case Study)
Acquittal City: Toronto, Ontario Our Client: Mr. J. Complainant: Toronto Police Service Charge(s): Operate Motor Vehicle with More…
Guilty of Failing to Yield – Not Over 80mg (Case Study)
Counsellor Nadarajah centred her focus on three main charter arguments: (i) that the demand for Mr. T. to provide a sample into an approved screening device did not follow forthwith from the officer forming the suspicion that Mr. T. had alcohol in his body and thus breached sections eight and nine of the Canadian Charter of Rights and Freedoms. (ii) that the arresting officer’s failure to establish a firm time of Mr. T.’s last driving rendered both his ASD and Intoxilyzer demands invalid, thus also breaching both sections eight and nine of the Charter. (iii) that Mr. T. was not provided with his rights to counsel or the opportunity to exercise them prior to complying with the ASD demand when circumstances dictated that he should have been, amounting to a breach of section 10(b) of the Charter.
Speeding Ticket Dismissed (Case Study)
Charge Dismissed City: Picton, ON (Prince Edward County) Our Client: Mr. M. Complainant: Ministry of Natural Resources…
Acquittal – Impaired and Over 80
Two civilian witnesses came upon Mr. M.’s vehicle immobilized in a ditch with two wheels off the ground. They stopped to assist and believed that Mr. M., who was in the driver’s seat, was intoxicated. They called 911. The police officer who arrived at the scene arrested Mr. M. for Impaired Operation of that vehicle.
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…
Acquittal – Sexual Assault – Sexual Exploitation – Sexual Interference (Case Study)
Charge Dismissed City: Oshawa, Ontario Our Client: Mr. G. Complainant: “C.” (A minor at the…
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 – Impaired and Over 80 (Case Study)
The officer formed a suspicion that Mr. T. had alcohol in his body and told him that he would require him to give a screening sample of his breath. The officer then went off to find a roadside breath screening device.
Acquittal – Care or Control While Impaired and Over 80 (Case Study)
Mr. H. Was found sitting in the driver's seat with his head slumped to one side. He appeared to be sleeping or passed out. The keys were in the ignition and the vehicle was not running but the ignition was switched on. The officer spoke to Mr. H. and asked him to exit the vehicle. Once outside, the officer noted an odour of alcohol on Mr. H.’s breath.
Acquittal – Oshawa Assault Charge (Case Study)
In the course of an argument some things are said. The step-daughter, in her room with her boyfriend, over-hears the argument between her father and Ms. B. in the next room and realizes that Ms. B. had revealed the secret to her father. The girl flies into a rage and storms into the room towards Ms. B. who grabs Ms. M. by the arm. Ms. M. falls to the floor. Enraged, by what has just occurred, Mr. M. attacks Ms. B., throws her down on the couch and starts to choke her. The step-daughter's boyfriend pulled Mr. M. off Ms. B. Both Mr. M. and Ms. B. call 911. Only Ms. B. is charged with assault.
Acquittal – Assault Charge in Oshawa (Case Study)
It was three in the morning and everybody had been drinking. Both Ms. V. and Mr. G. had in the past cheated on each other, but both had, each time, forgiven the other. On this night, Mr. G., looking in Ms. V.’s phone, found that the name of the man she had cheated on him with, was still in her contacts. Accusations flew and tempers flared. Mr. G. called the police and told them that Ms. V. had punched him in the face several times and kicked him in the groin. When the police came to arrest Ms. V. at her home she told them that Mr. G. had gone through her phone and noticed that the man she had cheated with was still in her contacts. He was very upset, yelling at her and kicking bathroom cupboards. They exited the bathroom and continued to argue.
Acquittal – Operation of Motor Vehicle While Impaired by Alcohol (Case Study)
Acquittal City: Oshawa, Ontario Our Client: Mr. A. Complainant: Ontario Provincial Police Charge(s): Operation of…
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 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…
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-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.
Acquittal – Assault (Domestic) (Case Study)
Mr. and Mrs. H. were married and had a five-year-old daughter. On a Saturday night they had a heated conversation which led to Mrs. H. leaving and staying overnight at a friend's house. On Sunday, when Mrs. H. got home, the argument flared up again and as it progressed, Mr. H. got upset and threw something. Mrs. H. said that it was a glass and that it broke near her feet.
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…
Peterborough 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 – Assault Charge (Case Study)
This case of an alleged assault depended on the testimony of four witnesses. Each would have a different version of the events. It would be our challenge to stitch together from the evidence, a narrative favourable to our client. To do so, we would, through cross-examination have to bring into question the reliability and/or credibility of the witness testimony that was unfavourable to our client and to highlight the contradictions in that testimony, and then make submissions arguing for a finding in favour of our client's version of the facts.
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: Over 80 (Case Study)
Acquittal City: Toronto, Ontario Our Client: Mr. G. Complainant: Toronto Police Service Charge(s): Operation of Motor Vehicle…
Careless Driving Ticket – Withdrawn (Case Study)
Withdrawn City: Mississauga, ON Our Client: Mr. L. Complainant: Peel Regional Police Service & Civilian…
Charges Withdrawn – Mischief Under $5000 (Case Study)
City: Whitby, ON Our Client: Ms. M. Complainant: Ms. E. Charge(s): Mischief Under $5000 Paralegal:…
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 – 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…
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…
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 – Assault (Case Study)
Mr. P. had lived a period of time approaching a century without acquiring a criminal record; he should not get one now! If convicted of the assault charge, he not only would have a criminal record, but the resulting sentence would almost certainly contain “no contact” terms with regards to Ms. M. But Mr. P. and Ms. M. had a relationship and they both lived in the same retirement home. The goal was to avoid conviction, allow the couple to have contact with each other and remain in the retirement home, while at the same time allowing Ms. M. to feel safe.
Charges Withdrawn – Theft Under $5000 & Possession of Stolen Property Under $5000 (Case Study)
City: Kingston, ON Our Client: Ms. R. Complainant: Ms. B. and Kingston Police Force Charge(s): Theft Under…
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…
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 – 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 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.
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: 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: Over 80mgs (Case Study)
Acquittal City: Oshawa. Ontario Our Client: Mr. B. Complainant: Durham Regional Police Charge(s): Impaired…
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: 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.
Appeal: Drive Hand-held Communication Device (Case Study)
Appeal Granted: New Trial Ordered City: Napanee, ON Our Client (Appellant): Mr. M. Respondent: The Crown…
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…
Charges Withdrawn – Young Driver BAC Above Zero (Case Study)
Withdrawn Our Client: Ms. S. Complainant: Hamilton Police Service & the Crown (Her Majesty the…
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.
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: 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: 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
Our client, a young man, aged 34 found himself in difficulties with the police, and retained me to assist with his file.
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: 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: 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: 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: 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: 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: 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: 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: 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: 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: Withdrawal – Theft under $5000 and Break & Enter
The charges were serious, especially the Break & Enter charge, which is an indictable offence. However, the Crown was willing to divert the matter if our client paid $500 in restitution.
