Results Matter

R. v. A.F. - Client charged with attempt murder, assault with a weapon, and uttering death threats. The Crown sought a significant federal sentence and the matter proceeded to trial. Counsel successfully challenged the admissibility of the hearsay statements that were crucial to the prosecution of the case. Upon those statements being excluded the Crown re-assessed its position mid-trial and all charges were dismissed.

R. v. P.K. - Client charged with assault. Counsel collected information demonstrating that the client had, in fact, acted in defence of another by intervening to prevent a domestic assault. Client entered into a peace bond and all charges were ultimately withdrawn.

R. v. B.H. - Client charged with sexual assault stemming from altercations in the workplace. The Crown sought jail time and the matter proceeded to trial. Sensitive issues arose as a result of revealing photos of the accused which came into the possession of the Crown. Following the cross-examination of the complainant it was determined that it would be unnecessary for the accused to testify. The client was found not guilty of all charges.

R. v. B.A. - Client charged with possession of numerous vials of fentanyl. Through extensive resolution efforts counsel demonstrated to the Crown that the fentanyl was not possessed for a criminal purpose but that the client inadvertently came into possession of it as a result of his profession in the medical field. All charges were withdrawn.

R. v. T.L. - Client charged with robbery following an alleged gang attack at an amusement park. Multiple individuals were involved as both complainants and accused persons. Serious issues emerged regarding the identification of the accused as a major player. An agreement was reached for the accused to participate in diversion. Following the successful completion of diversion the charge was withdrawn.

R. v. A.S. - Client charged with multiple firearm-related charges are an unlicensed handgun and ammunition was found in her home. After significant resolution discussions with the Crown, as well as a Judicial Pre-Trial, counsel demonstrated that there was no reasonable prospect of conviction. All charges were subsequently withdrawn by the Crown.

R. v. D.M. - Client charged with uttering threats in relation to an alleged plot to kill his partner. The client's purported involvement as a bodyguard in a foreign jurisdiction factored prominently in the allegations. A peace bond was ultimately secured and all charges were withdrawn.

R. v. N.W. - Client charged with assault with a weapon and carrying a concealed weapon after a violent altercation in a federal prison that included a serious stabbing. The Crown initially sought a further custodial sentence, however counsel obtained the security footage from the prison and was able to illustrate how the client was in fact acting in self-defence against a coordinated attack. After raising this with the Crown the charges were withdrawn.

R. v. D.C. - Client charged with participation in numerous burglaries in two jurisdictions, where hundreds of thousands of dollars in jewelry and other valuables were allegedly stolen. Counsel was able to demonstrate that the accused's connection to the alleged offences was tenuous, and that although he was in the vehicle observed leaving the scene of one of the burglaries, he couldn't be substantially connected to the actual break, enter, and theft from any of the homes. The Crown agreed and withdrew all charges.

R. v. T.M. - Client charged with assaulting a far-right demonstrator at a protest in Toronto. Counsel developed and proposed to the Crown a plan where the client would make a donation to a charitable organization in the community, but would make no apology or admission of liability. After making the donation the client signed a peace bond and the charge was withdrawn by the Crown.

R. v. J.S. - Client charged with auto theft, as well as breaking into another vehicles and stealing property. Although the client's fingerprints were found on the stolen car, at the Judicial Pre-Trial counsel presented positions from established case law which suggested that the fingerprint evidence would not be sufficient to secure a conviction. Counsel also requested a copy of the security footage from the parking garage where the second incident took place, and was able to show that the suspect on tape and the client were not the same person. The Crown then withdrew all charges.

R. v. R.M. -Client charged with an assault in the workplace. It was alleged that a violent altercation between the client and a co-worker included dozens of punches during a fight in a confined space. Counsel prepared a remedial plan for the client prior to a Crown Pre-Trial ever taking place, and guided the client through the process. The results were very positive, and the Crown agreed to a peace bond and withdrawal of the charge.

R. v. D.N. -Client charged with sexual assault. The charge was particularly serious given the immigration consequences posed by the client's lack of Canadian citizenship. A rehabilitation plan was prepared for the client to treat underlying addiction and mental health issues. After the client demonstrated his ability to comply with the treatment plan, a peace bond was secured and the charge was withdrawn.

R. v. T.P. - Client charged with robbery after an alleged car-jacking. Counsel obtained information revealing that the description of the suspect did not sufficiently match that of the client. After numerous Crown Pre-Trials the Crown agreed that there was no reasonable prospect of conviction and the charge was withdrawn.

R. v. S.W. - Client charged with threatening death. The Crown was seeking at least one month in jail. Counsel engaged in a thorough fact-finding mission to establish that the complainant had motive to fabricate the allegations in retaliation for a falling out with the client. At the end of the two day trial the client was found not guilty.

R. v. R.B. - Client charged with multiple counts of sexual assault and sexual interference. At the preliminary inquiry defence counsel succeeded in having half of the charges withdrawn. When the remaining counts proceeded to Superior Court, a Charter application was brought alleging that the police had violated the client's rights by failing to preserve crucial evidence. It was also demonstrated that the police may have inappropriately influenced the complainant and purported witness, by potentially telling them what to say on the stand. Following a week long trial the client was ultimately found not guilty on all counts.

R. v. J.A. - Client charged with assault causing bodily harm, assault with a weapon, and uttering threats. The Crown initially sought a penitentiary sentence for the client, however after lengthy pre-trial discussions which revealed the difficulties of the Crown's case, an arrangement was developed for the client to complete counseling. The Crown agreed to the client signing a peace bond and all charges were dropped.

R v. C.S. - Client charged with theft under $5,000 in connection with a missing deposit at a bank totaling thousands of dollars. At the Judicial Pre-Trial it was demonstrated that the video evidence did not prove that the client had committed any wrongdoing. An arrangement was made for the client to make a modest charitable donation and in turn the charge was withdrawn.

R. v. E.M. - Client charged with theft over $5,000 and breaking and entering. The Crown claimed it had DNA evidence linking the accused to the scene. However, following numerous appearances defence counsel persuaded the Crown to drop the charges due to there being no reasonable prospect of conviction.

R. v. T.M. - Client charged with assault with a weapon and uttering threats. The Crown initially sought a custodial sentence for the accused, however following numerous Crown Pre-Trials all charges were withdrawn after the client completed community service hours.

R. v. E.S. - Client charged with importation of cocaine and conspiracy to commit an indictable offence after he was arrested at the Pearson International Airport attempting to visit Canada. The Crown alleged that the client was the overseer of a cocaine importation ring. Although the client's co-accused were deported from Canada, the Crown had indicated that it would attempt to use their statements against the client. Shortly after counsel advanced a Charter application alleging violations of the client's right to counsel and security of person, the prosecution was halted when all charges were stayed by the Crown.

R. v. T.B. - Client charged with assaulting a court officer who had come to bring him from jail to the courthouse. Counsel obtained both security footage from the jail, as well as the Use of Force Policy governing the conduct of all Toronto Police officers (including court officers). The footage depicted the court officer punching and kneeing the client. An application for a stay of proceedings was brought, alleging violations of the client's Charter rights. After the Crown received the application the charge was withdrawn.
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R. v. R.C. - Client charged with assault. Client was in a particularly vulnerable position due to having no immigration status in Canada. Counsel secured client's release from custody, and then negotiated with the Crown to have the charge withdrawn after the client signed a peace bond.

R. v. C.J. - Client charged with possession of cocaine for the purpose of trafficking, possession of proceeds of crime, and obstruct police (for providing a false name). Following a week-long trial at Superior Court, the presiding judge found that the investigating officer had engaged in trickery and that the client's rights under s. 10(a) of the Charter had been breached. It was also found that there was no knowledge or control of the drugs. The client was found not guilty on all charges.

R. v. C.J. - Client charged with assaulting a correctional officer. The Crown initially refused to withdraw the charges. Counsel then sought and obtained the security footage from the jail, which demonstrated that no assault ever took place. A week before trial the Crown reconsidered its position and withdrew the charge.

R. v. R.R. - Client charged with threatening death against his former partner. He was re-arrested on two occasions for allegedly failing to comply with recognizance (breaching bail), however his release was secured on both occasions. On the day of the trial negotiations with the Crown resulted in all three charges being withdrawn after a peace bond was signed.