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Please Note: Past results not predictive of future results.

CASE STUDY: Sexual assault in Peterborough, 2023

The test for whether a Crown should prosecute or not is whether there is “a reasonable prospect of conviction.” I therefore needed to convince the Crown attorney that they had no reasonable prospect of conviction and that the charged should be dropped.

CASE STUDY: Sexual assault in Peterborough

Our client was in Canada visiting family on a visitor’s visa. The easiest solution was to have him return to his home country once these charges were disposed of. Complicating matters, his passport had been seized by the police.

CASE STUDY: Robbery, Dangerous Weapons

The Crown seemed to have a pretty good case: the “victim” was willing to testify against my client. However, I felt that perhaps Mr. S had been overcharged by the police.

CASE STUDY: Impaired driving causing death

Although the charge was very serious, the goal remained the same – acquittal or at least very significant damage control.

CASE STUDY: Sexual assault, choking

Importantly, this client avoided a sex offender registration. All of the criminal charges were withdrawn.

CASE STUDY: Assault in Perth Ontario

We thought that what the Crown was seeking was harsh given that there were no injuries, and wanted to get a better outcome for our client.

CASE STUDY: Domestic assault, resisting arrest

Even though the Crown was not seeking jail time in this case, the goal was to ensure a non-criminal outcome for our client.

CASE STUDY: Sexual assault, forcible confinement, mischief

The result of the negotiation was a success. Mr. F entered a plea of guilty to a common assault, and the sexual assault and mischief charges were withdrawn.

CASE STUDY: Assault, mischief, dangerous driving

The consequences of a criminal conviction in this case were severe because our client worked in healthcare.

CASE STUDY: Assault with a weapon, pointing a firearm

Serious charges were withdrawn and our client received a conditional discharge, which meant that he would have no criminal record.

CASE STUDY: Uttering Forged Documents, Fraud under $5,000, and Breach of Trust

The client indicated his intention not to proceed to a trial at the initial consultation, which left Mr. Aitken with relatively less maneuverability. Therefore, our goal was to resolve the case early and get the best resolution offer for Mr. B.

CASE STUDY: Plea Down to Careless Driving – Over 80, Impaired

Mr. M was charged with operating a vehicle with a blood alcohol content of 80 and over mg of alcohol in 100 ml of blood and operating a vehicle impaired in the city of Milton.

CASE STUDY: Plea Down to Careless Driving – Over 80

Mr. W’s position as a hockey coach, his new job, and his future goals to start a business and own a home were at risk. He’d been convicted for the same offence once before and knew a second conviction could be worse.

CASE STUDY: Reduced from Over 80 to Careless

Mr. H wanted to avoid the criminal charges. We recognized the unfortunate circumstances Mr. H had found himself in and established a clear goal: have Mr. H’s charges reduced to a non-criminal charge.

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 . 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.

CASE STUDY: Acquittal: Over 80

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.

CASE STUDY: Charges Withdrawn: Theft Under $5000 (Shoplifting) & Possession Of Stolen Property Under $5000

Mr. S, a successful executive, had a lot on his mind. His adult autistic son was going through some difficult changes, his wife was coping the recent suicide of someone close to her. While Mr. S was picking up a few groceries and other small items, he forgot to pay for a couple of packs of batteries and a small movie figurine (costing $12.99) that got covered by items at the bottom of his shopping cart.

CASE STUDY: Charges Withdrawn – Impaired Driving, Over 80 mg, and Dangerous Driving

On a frigid January night, just before midnight, an officer in an unmarked car saw two snowmobiles, one on the shoulder of the road and one on its side in the ditch. As he approached, the driver of the downed snowmobile was able to right his machine and drive it to the shoulder. The other snowmobiler waved the officer on, not aware of who he was.

CASE STUDY: Care and Control / Over 80 mg Dismissal

A security guard at a hydro project got a call in the middle of the night from a group of people who said that their truck had slid off the road and needed a tow. He called the police. When the police arrived they found a pickup full of people, completely off the road, in a snow bank. They found sealed cans of Budweiser in the bushes and some cans in the roadway.

CASE STUDY: Impaired, Over 80 & Novice Driver BAC Over 80

About an hour after dawn on a clear, dry Sunday morning in May, in the heart of Muskoka, police were dispatched to a vehicle roll over. They arrived at the scene to find the vehicle on its roof. The driver Mr. N and his passenger were standing nearby as was a bystander. Mr. N was 20 years old and was in cottage country for a weekend away with a buddy. 

CASE STUDY: Over 80 – Police Misconduct

Ms. M had been at a local bar having a few drinks with a friend of hers.  As a result of being sexually harassed by a fellow patron (a tow truck driver), our client left the bar and drove to McDonald’s for a snack.  The tow truck driver followed her out, and called the police to report a possible DUI. The reality is that the tow truck driver was hoping that our client would be arrested so he could tow the car and impound it for seven (7) days – perhaps earning $1,000 in the process.

CASE STUDY: Careless Driving Instead of Impaired Driving & Over 80mg

Mr. N had a momentary lapse in his judgment and decided to get behind the wheel of a motor vehicle after having a few too many drinks. The arresting officer noted that he had witnessed Mr. N’s vehicle cross the centre line on several occasions and briefly drive south in a northbound lane.

CASE STUDY: Over 80mg – Stay of Proceedings

Ms. B had just recently arrived back to Canada. Her plane had only just landed not long before she was stopped by the Ontario R.I.D.E. program as she drove home from the airport. She explained to the officer that she was feeling jetlagged but the officer could smell an odour of alcohol coming from her breath. She was placed under arrest after failing the approved screening device test.

CASE STUDY: Care & Control and Over 80 Acquittal

Mr. G had been watching the CFL Grey Cup while he hung out with a few of his friends on the night of Sunday November 25 to Monday November 26, 2014. At the time, he was facing a serious financial burden as he was supporting his new, young family.  After entering the car with his friends, he turned towards the street from the parking garage but shortly made an additional turn to return to the parking garage. An officer, who was located across the street, grew suspicious that he should be entering the vehicle so late on a Sunday night / early Monday morning on Grey Cup day and decided to investigate.

CASE STUDY: Acquittal – Impaired by Drugs and Dangerous Operation

Following a mishap regarding our client being advised to take an incorrect dosage of Ativan, the Durham Regional Police Service stopped Mr. B’s vehicle as a result of erratic driving but, fortunately, before any accidents had occurred. Mr. B had no recollection of entering his vehicle or being caution by the police to pull his vehicle over.

Please Note: Past results not predictive of future results.

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