Theft from an Employer
Charge: Client charged with Theft of around $200,000 from his employer.
Issue: The internal cash handling procedures of the employer are sloppy. A fraud trial in Superior Court would run weeks at great expense to all parties involved.
Result: Most of the money is returned. Supporting letters are offered to the Judge, and the client is granted a conditional discharge. A discharge is a finding of guilt, but no conviction is registered against the Client, so his record remains clean.
Charge: Client charged with possession for the purposes of trafficking (Oxy’s) following a search outside a known drug dealer’s house in Stratford. A preliminary hearing is held, and the matter is committed to trial at Superior Court.
Result: At the Judicial Pre-trial, the Crown concedes that the charge of trafficking would never fly because the evidence of trafficking is derived from the illegal search of Client’s phone. Charge reduced from trafficking to simple possession. Client given a conditional discharge so client’s record is kept clean.
Impaired Driving & Over 80
Client: Client is charged with driving over 80, impaired driving and other Highway Traffic offences. She hits a car from behind and the driver and passenger are injured.
Issue: There is a conflict of interest with Client’s previous lawyer, and just before trial, he gets off the record. After an arduous search for a lawyer who will accept her legal aid certificate, the Client eventually retains me.
Result: I bring an application to stay the charges because of the extraordinary delay in the proceedings and the prejudice the client suffers as a result of that delay. The application is granted and Client is effectively acquitted.
Possession of a Loaded Gun
Charge: Client is charged with a variety of weapons offenses including possession of a loaded gun, and drug offenses, following entry into his friend’s home by Durham Regional Police. The entry is made without a warrant. Client is facing a mandatory minimum of 4 years in jail.
Result: After cross-examining the officer over 2 days, it becomes apparent that the officer committed a number of breaches of the Charter. Discussion with the Crown during the preliminary hearing results in a plea to a single breach of probation, with all other weapons and drug charges withdrawn. Client walks free from the box.
Charge: Client is charged with trafficking cocaine. The front-end seller deals to an undercover officer, and is seen entering Client’s car. Client is arrested, and found in possession of police buy money. The Client is thought to be supplier of the drugs to the front-end dealer.
Issue: The seller does not appear at the preliminary hearing. The Crown attempts to introduce into evidence through the undercover officer the discussions the seller has with him about the Client’s role in the operation.
Result: The judge agrees after a full day of argument that the evidence about Client should not be allowed. The charges are eventually stayed (which is like an acquittal) at Superior Court.
Death Threats to a Police Officer Living Next Door
Client: Client is charged with threatening her neighbour, a police officer.
Issue: The real dispute arises from illegal renovation works that the officer is completing on his house. His builders regularly dump dangerous materials on Client’s driveway.
Result: I cross-examine the police officer about statements he made to City officials regarding his building works which are in conflict with the photo evidence. The officer tells city officials the extensions were there before he moved in, but we have pictures of the extensions being built after he has moved in. The officer’s credibility is called into question. The charges are stayed (which is like an acquittal) by the Crown. Client is incredibly grateful.