SUCCESSFUL CASE DECISIONS

• R. v. J.S.

  The client was charged with assault causing bodily harm (domestic). The allegation was very serious and would have resulted in issues for the client's employment and travel if convicted. I worked with the client to then be able to have the charge completely dropped. This left the client with no conviction and no criminal record.

• R. v. A.R.

  The client was charged with two counts of assault and a breach of a release (bail) condition. I was able to negotiate with the prosecutor for a conditional discharge, the best possible sentence for such a serious charge.

• R. v. J.G.

  The client  was charged with assault. The client was very concerned about the charge and the impact it would have on employment. After charging the client, the police officer working on the file agreed to take back the charging document because he determined that the CCTV footage showed that the client was not guilty. The matter was completed prior to being in court.

• R. v. S.T.

  The client was charged with impaired driving and impaired operation at or over 0.08. The matter was set for trial. I filed a Notice alleging the client's rights were violated. We proceeded to trial. The crown prosecutor called their first witness. Once that happened I asked to speak to the prosecutor as I believed it was clear that the prosecutor could not prove that the client drove. The prosecutor agreed and asked the Judge to dismiss the charges against the client. This left the client with no criminal record and no conviction.

• R. v. S.C.

  The client was charged with sexual assault and a warrant was issued for their arrest. Being charged was of course devastating for the client. I reviewed the disclosure (evidence) and determined that the crown could not prove the charge of sexual assault. I spoke with the crown prosecutor about my findings, and they agreed that they could not prove the charge of sexual assault. The charge was dropped, leaving the client with no criminal record and no conviction.

• R. v. K.D.

  The client was charged with forcible entry into a residence and assault.  It was clear from my thorough review of disclosure that there was no case against my client - that is, the prosecutor could not prove the offences against the client. The prosecutor agreed, and the charges against my client were both dropped (withdrawn), leaving the client with no criminal record and no conviction.

• R. v. S.B.

  client was charged with sexual assault. The matter involved an allegation of sexual intercourse that the complainant said was not consensual. The client plead not guilty, and a trial date was set. I prepared extensively for the trial. After trial, the client was found NOT GUILTY. This was of course a great outcome for the client, especially because there would have been significant collateral consequences for him if he had been convicted. The client was left without a criminal record and without a conviction.

• R. v. P.Z.

  The client  was charged with rape and choking to overcome resistance from the 1981 Criminal Code of Canada. This was a unique case as it was a historical sex assault where the police reopened the investigation years later. The client was facing a very lengthy term of imprisonment. I worked tirelessly to get the client the best possible plea deal from the prosecutor. The client was very pleased with the result.

• R. v. J.S.

  The client was charged with trafficking cocaine to an undercover officer, and having in their possession proceeds of crime. Originally the prosecutor only offered a plea to a lengthy term of imprisonment. However, after many months of negotiations, I was able to convince the prosecutor to agree to a plea to only the possession of proceeds of crime for no jail! The client was very pleased with the result. If convicted the client was facing a lengthy term of jail.

• R. v. M.S.

  The client was charged with two counts of assault (domestic). I worked to negotiate with the prosecutor for a dropping of all charges. That left the client with no criminal record and no conviction.

• R. v. R.G.

  The client was charged with sexual assault. It was clear from my review of the case that there were serious issues with the case. I determined that the prosecutor would not be able to prove the charge. Of course a charge of sexual assault and especially a conviction would have been devastating to the client. At first, we had to set the matter for trial as the prosecutor did not look closely at the file and would not drop the charge. Then, at a pre-trial conference prior to trial, a new prosecutor was assigned and agreed to look at the case more closely. Once they did that, and once they heard what I thought the issues were, they agreed to drop the charge outright. With the charge withdrawn, the client was left without a criminal record and without a conviction.

• R. v. A.A.

  The client was charged with assault with a weapon, uttering threats and assault. The allegations were domestic in nature. They were very serious and a conviction would have had implications for the client's immigration status. I worked with the client to have them enroll in programs that would help me to help him. I received the disclosure and determined that there were issues with the crown's ability to prove the charges. I approached the prosecutor with both the information that the client had provided me with, along with my assessment of the case, and the crown agreed to outright withdraw all charges - assault, assault with a weapon and uttering threats.

• R. v. M.L.

  The client was charged with domestic assault. The allegation was very serious and would have resulted in issues for the client's employment. I worked with the client to get all of the information and documentation I needed to approach the crown with a resolution proposal. After reviewing the disclosure and discussing the matter with the crown, the charge was withdrawn. This left the client without a conviction and without a criminal record.  2021 R. v. M.L. Assaults, Threats, and Harassment The client was charged with domestic assault. The allegation was very serious and would have resulted in issues for the client's employment. I worked with the client to get all of the information and documentation I needed to approach the crown with a resolution proposal. After reviewing the disclosure and discussing the matter with the crown, the charge was withdrawn. This left the client without a conviction and without a criminal record.

• R. v. N.T.

  The client was charged with sending harassing communications. I negotiated a plea deal with the crown so that the charge was dropped (withdrawn) and the client entered into a peace bond. This left the client without a criminal record and without a conviction.

• R. v. T.P.

  The client  was charged with causing a disturbance in relation to  neighbours. I was able to negotiate a complete withdrawal of the charge against the client. No conviction/no criminal record.

• R. v. K.C.

  The client was charged with a traffic ticket for failing to leave notice of accident. This was a unique file the client was not aware of the accident and there was no real evidence to show this allegation occurred. After receiving disclosure and discussing the file and my opinion to the crown, the ticket was withdrawn.

• R. v. D.H.

  The client was charged with two traffic tickets - one for driving while uninsured and one for speeding. The client did not have insurance at the time of the offence. After discussions with the Crown, they agreed to accept a guilty plea to a lesser offence of not having a license which meant a significantly reduced fine and far less insurance ramifications. The speeding ticket was withdrawn.

• R. v. W.W.

  The client was charged with two counts of sexual assault. The allegations were serious. If the crown was able to prove the allegations and the client was convicted they were looking at a term of jail in a penitentiary. However, I was able to convince the prosecutor that there was no reasonable likelihood of conviction i.e. that the crown could not prove the allegations against my client. The crown agreed and both charges of sexual assault were dropped (withdrawn). The client was obviously very pleased with the results.

• R. v. J.M.

  The client was charged with impaired driving and operating a motor vehicle with a blood alcohol level of at or over 0.08. When I reviewed disclosure I saw clear breaches of my client's rights. The client plead not guilty and the matter was set for trial. I filed a Notice alleging my client's rights were breached in that the police did not have the grounds to demand a sample of the client's breath and that his rights to speak to a lawyer were violated. The crown prosecutor reviewed the Notice I prepared and agreed to drop both charges. Both charges were withdrawn, leaving the client with no criminal record and no conviction.

• R. v. A.E.

  The client was charged with possession of a controlled substance (cocaine) and possession of a prohibited weapon (baton) along with multiple traffic tickets. The client was stopped in a vehicle and the police searched it. I reviewed the disclosure and determined there were issues with the validity of the traffic stop i.e. the police did not have the grounds to stop the vehicle. The crown prosecutor agreed when I met with them, and I had all of the criminal and drug charges dropped, leaving the client with no criminal record and no convictions.

• R. v. K.A.

  The client was charged with uttering threats against is ex-girlfriend. The allegation was serious. I had the client start doing some things for me that would help me to help him. I also received disclosure and determined that there was no case against the client. I approached the prosecutor and discussed the matter with them, and persuaded the prosecutor to drop the charge. This left the client with no criminal record and no conviction.

• R. v. H.Q.

  The client was charged with sexual assault. The allegation was that of touching. The client instructed me to resolve the matter as he wanted to plead guilty. The crown prosecutor sought a sentence of probation, whereas I sought a sentence of a conditional discharge. I prepared written materials for the judge to consider and made arguments in front of the judge for the more lenient sentence. The judge agreed with me that a conditional discharge for this sexual assault offence was the appropriate sentence. The conditional discharge means that after three years, it is as though the client was not convicted.  

• R. v. B.K.

  The client was charged with impaired driving and failure to comply with a demand for a breath sample. I prepared a Notice alleging that my client's rights were breached when he was arrested and when the police asked for samples of his breath. The Notice was provided to the crown who then reviewed my arguments and agreed to drop the charges. This left my client After filing a charter notice and outlining the clear issues and errors that were made in arresting the client, the Crown entered a stay of proceedings.

• R. v. G.M.

  The client was charged with impaired driving that resulted in a serious accident. There were a number of civilian witnesses as well as police witnesses who dealt with the client after the accident. The client plead not guilty and a trial date was set. At trial, the crown prosecutor called their first witness. It was apparent with that that the crown could not establish identification. I spoke with the crown prosecutor after the witness had testified for them and asked the crown to invite the judge to dismiss the impaired driving charge as they could not prove it. They agreed, and the crown prosecutor asked the judge to dismiss the charge. This left the client without a criminal record and without a conviction.

• R. v. G.P.

  The client was charged with impaired operation of a motor vehicle (impaired driving) and operating a motor vehicle with a blood alcohol level of at or over 0.08. I approached the prosecutor after reviewing the disclosure and stating that I thought there were issues with their ability to prove the charges. The prosecutor agreed and the charges were both dropped, leaving the client  with no criminal record and no conviction.