FILTER SUCCESS STORIES
The client and the complainant are neighbouring property owners who have been embroiled in disputes concerning their property boundaries and a recently erected fence. During the early fall, the accused, who was before the court, left her own residence equipped with a hammer. She then entered her neighbour’s yard, proceeding to the rear of the property, where she commenced damaging a shared wooden fence.
The complainant and Mr. P were in a relationship for slightly over a year, initially residing in a small city in Northern Ontario before moving to Peterborough for a brief 3-month period. They did not have any children together, and the complainant was pursuing her studies while being in the relationship. In late winter of 2023, the Peterborough Police received a distress call from the complainant, reporting that her boyfriend, Mr. P, was assaulting her.
Mr. G and Ms. G had been in a relationship for approximately 12 years, sharing a residence, though they did not have children together. During the spring of 2022, the complainant reported an alleged assault by Mr. G to the police. She also disclosed an earlier incident from the summer of 2013 where Mr. G had allegedly thrown a hammer at her head.
On a winter’s morning of 2023, at 03:28 a.m., the police received a dispatch call regarding a domestic dispute. The complainant and homeowner, Mr. F, reported that Ms. A, his friend’s girlfriend, was intoxicated and engaged in an argument with her boyfriend, Mr. B.
Mr. S was charged after he prevented a police officer from arresting an individual for being intoxicated at a public place. While obstructing the officer, Mr. S grabbed the arm of the police officer and tried to push the police officer.
Our client was Mr. H, a middle-aged man working in an old age home with no prior criminal record. He was arrested on a charge of sexual assault in relation to allegations made by his workplace colleague.
Our client, Ms. F, was the complainant in an incident with her common-law spouse. She called police, stating that her spouse had put his hand over her mouth and harassed her, with the intention of having him placed in a 72-hour psychiatric hold.
Mr. P was charged with six counts, including assault with a weapon and assault causing bodily harm. Ms. J accused Mr. P of choking her.
Our client’s ability to come to Canada and obtain permanent resident status was put in serious jeopardy, however, when he was arrested and charged with assault.
The complainant alleged that a verbal altercation ensued, leading to Mr. D and the victim engaging in a physical dispute.
Mr. E was a man with no criminal record, but was facing serious criminal allegations stemming from an alleged police pursuit. He was accused of fleeing from police by car and assaulting police with an axe. He found himself charged with flight from a peace officer, dangerous driving, and assaulting a peace officer.
In order to negotiate a plea deal with the Crown, our lawyer aimed to raise doubt regarding the Crown’s reasonable prospect of conviction in this case.
Based on the circumstances, the goal of the client was to have all of the criminal charges withdrawn. This would mean that these new charges would not appear on his criminal record.
The client’s goal was to resolve the charges in a way that would not harm her chances at being successful in her permanent residency application. For this, any result leading to no criminal conviction would have been advantageous.
Ms. Q signed a peace bond for $1,000.00, payable only if she violated the law, possessed a weapon, was found at the grocery store the initial incident took place at, or contacted the couple involved in the fight. Her charges were dropped and she was free to put the unfortunate incident behind her.
Getting the criminal charge of over 80 dropped was the priority. The Highway Traffic Act charges carried fines and penalties, but no criminal record. A plea deal to have the criminal charges dropped would be a fine option that avoided trial and saved the client money.
While on his drive home from a charitable event, Mr. B was stopped by police in a RIDE check. He had consumed only a small number of drinks that evening, and they were spread out over several hours, but Mr. B was nervous because he rarely encounters police.
Mr. T’s ability to drive was central to his practice as a butcher. Farmers would contact Mr. T in emergencies where livestock needed to be put down and butchered quickly and losing his ability to travel for work would be financially devastating.
CASE STUDY: Domestic Assault, Possession of a Weapon for Dangerous Purpose & Breach – Charges Withdrawn
Although it took time and effort, our client was very happy with the resolution of her charges in this matter.
Mr. H had no criminal record at the time the incident occurred. We did not want to see Mr. H end up with a criminal record when he was acting out of confusion and intoxication, and so we would seek to have the Crown withdraw the charges in favour of non-criminal diversions.
Mr. P had lived in Canada since the early 2010s but was not a full citizen. A criminal conviction could result in his deportation. He had a personal and professional life for himself here, including family members, and did not want to be forced to leave.
When two people in a long-term relationship have a heated fight, emotions often run high and both sides can feel that the other side wronged them in some way. In 2018 Mr. C and his partner got into one such argument.
Phil’s strategy was to propose this agreement to the Crown. Mr. F participating in some form of counselling or education in exchange for a withdrawal and peace bond.
We began supporting Mr. M not after his initial charge of assault, but after his failure to comply charge. He had been charged with assault in the domestic context after a small argument with his girlfriend, during which she alleged he shoved her. He was released on a promise to appear before the court, and one of the conditions of the release was to avoid contact with the complainant.
One October night, Mr. M, his ex, and their friends Ms. M and Ms. S, were out on the town. Despite the intentions of Mr. M and his ex to remain friends, Ms. M and Ms. S were unsupportive.
An investigation by the OPP for over a year led to the arrest and charging of four individuals, including Mr. G. Over $60,000 in controlled substances were seized. While the other three were charged with possession of a controlled substance and conspiracy to traffic, Mr. G was charged only with conspiracy to traffic. He asserted his innocence from the beginning.
Mr. R was detained by security guards at an entertainment venue late one August evening after he and another party were separated for a consensual fight. Mr. R was injured after the fight and was treated for his injuries by EMS, but subsequently placed in the venue’s holding cells. Security alleges that while Mr. R was in the holding cell he repeatedly kicked the door, damaging both the door and the frame.
Late one May afternoon in Markham Mr. B and Mr. H became engaged in an altercation while pulled over on the side of the road; a bit of ‘road rage’. During the argument Mr. H. wound up on the ground and Mr. B struck him repeatedly on the shoulder. After the argument ended Mr. B drove away, and Mr. H contacted the police.
During the search the officer found one container of marijuana belonging to Ms. C and one bag of marijuana belonging to Ms. S. In the glove compartment the officer found a small bag of white powder, which upon testing was revealed to be cocaine. The two were charged and read their right to counsel. This is where Ms. C and the officer’s recollection of the events diverge.
Mid-afternoon in the summer, a police officer stopped a suspicious vehicle with two passengers and a dog inside. The passengers were identified as Ms. S and Ms. G and the vehicle was registered as stolen. Mr. G was driving at the time and Ms. S was in the passenger seat. The dog and two bags were in the back seat.
After multiple complaints to police made by Mr. H.s spouse, charges of domestic assault and mischief were laid. The allegations consisted of Mr. H damaging the complainant’s property as well as pushing his wife, grabbing her by the throat and choking. Additionally, the allegations were that the assaults took place while Ms. H was pregnant.
The Crown’s evidence stated Mr. L would manipulate the much younger complainant, often orchestrating alcohol fueled get-togethers where the complainant was allegedly sexually assaulted while he was intoxicated.
Our client Ms. G was operating an ATV when she struck a tree, sustaining major injuries to her head with a large cut. Charges were laid two months later after a blood analysis confirmed our client had alcohol in her body while she was operating the ATV.
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.
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: 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.
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.
Our client had stable employment that would have been jeopardized with a criminal record. We were able to get the charges withdrawn.
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: 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.
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.
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.
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: 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.
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.