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CASE DETAILS

Charge(s): Domestic Assault
Location: Oshawa
Our Client(s): Mr. P
Year: 2023
Lawyer/Paralegal: Tarinpal Dhaliwal
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Please Note: Past results not predictive of future results.

The Background

Our client, Mr. P, was accused of domestic assault by a former partner in the midst of contentious family law proceedings. Based on historical allegations, he was accused of hitting her in the head during a verbal argument, leading to her getting a concussion. Mr. P denied these accusations: he didn’t believe that this incident had occurred.

Because the complainant initiated family law proceedings after laying this criminal charge, the potential consequences for Mr. P of a conviction ranged beyond any criminal punishment: such a conviction can be leveraged during family law proceedings.

The Goals

Given the context and the heightened severity of the potential punishments for Mr. P, as well as his absolute denial of the allegations, the goal was for this matter to be resolved without a conviction. With the Crown unwilling to withdraw the charge, the matter was set for a trial.

The Strategy

Mr. Dhaliwal’s strategy at trial was to attack the complainant’s version of events, while developing Mr. P’s theory that her head injury was the result of slipping and falling. Mr. P testified to his version of events at trial, while Mr. Dhaliwal used medical records of the complainant’s alleged injuries to demonstrate that they were inconsistent with her version of events.

At the same time, Mr. Dhaliwal highlighted that these allegations were made in the context of an unhappy relationship and a family law dispute that had been going on for some time, and that laying the criminal charges would give her an advantage in these proceedings. Mr. Dhaliwal highlighted this during cross-examination of the complainant, along with the potential financial motivation for her allegations.

The Results

The result of the trial was a success. The arguments raised by Mr. Dhaliwal, in combination with Mr. P’s testimony at trial, was successful in raising a reasonable doubt as to whether the events had occurred in the way the complainant described. Mr. P was thrilled to be walking away with a finding of “not guilty.”

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