Case Results from Criminal & Civil Litigation Matters
A selection of representative outcomes from criminal defence and civil litigation matters. Every case is fact-specific, and results depend on the unique circumstances of each matter.
/ Criminal Defence Case Results
Charges Withdrawn Before Trial – Sexual Assault
Client was charged with domestic assault and sexual assault in relation to their spouse. The client had a significant volume of text messages and photographic evidence, which was contradictory to the evidence given by the Complainant in their statement to the police. After providing a detailed comparison and position regarding the admissibility of this evidence and the effect on the Crown’s case, the Crown conceded that they had no reasonable prospect of conviction and withdrew all charges against the client following a Judicial Pre-Trial.
Charges Withdrawn During Trial – Sexual Assault
Client was charged with two counts of Sexual Assault and two counts of Sexual Exploitation. During the cross-examination of the Complainant at the trial, the Complainant recanted the allegations, and the Crown withdrew all charges.
Not Guilty After Trial – Sexual Assault
Client was charged with Sexual Assault following a brief sexual encounter with someone they met online. After a three-day trial and extensive cross-examination of the Complainant and other Crown witnesses, the presiding Judge found that the Complainant was not credible. The client was acquitted.
Charges Stayed – Section 11(b) Charter Challenge
Client was charged with various motor vehicle related offences and assaulting a police officer. There was significant delay in the Crown providing material Disclosure and further institutional delay in relation to trial dates being offered. After a contested 11(b) Application, the presiding judge determined that the client’s 11(b) Charter rights to have his matter dealt with in a reasonable time were infringed and ordered a stay on all charges.
Conditional Sentence Ordered – Sexual Offences Involving a Minor
Client was charged with various sexual offences involving a minor. Following completion of significant upfront work by the client, we brought a Charter Application challenging the mandatory minimum sentence and then obtained a very rarely awarded Conditional Sentence Order (i.e. “home jail”) following a contested sentencing hearing.
Charges Withdrawn – Drug Trafficking Offences
Client charged with Possession of Schedule 1 substance for the Purpose of Trafficking. In advance of a Preliminary Inquiry, and after we continued to advocate that our client had been improperly identified by police on the basis of race, the Crown withdrew the charges.
No Criminal Record – Sexual Assault Charges
Client was charged with two counts of Sexual Assault, Extortion and Criminal Harassment. After extensive Crown Meetings, the client entered a guilty plea to Criminal Harassment and received a Conditional Discharge (no criminal record) on a joint submission with the Crown. All other charges were withdrawn.
Criminal Charges Withdrawn – Impaired Driving
Client was charged with Impaired Driving offences. Following extensive Crown Meetings and negotiations, the client entered a guilty plea to Careless Driving under the Highway Traffic Act and the criminal charges were withdrawn.
Charges Withdrawn – Spousal Assault
Client was charged with domestic assault against his spouse. Following completion of upfront work, the Crown withdrew the criminal charges.
No Criminal Record – Youth Sexual Assault Charge
Youth client was charged with Sexual Assault. Following completion of upfront work and extensive negotiations with the Crown, the client entered into an 810 Peace Bond and the criminal charge was withdrawn.
Charges Withdrawn After Section 278 Application – Sexual Assault
Client charged with two counts of Sexual Assault. Following a successful Third-Party Records Application under section 278 of the Criminal Code of Canada, which demonstrated that the Complainant had a propensity to fabricate allegations, the Crown withdrew all charges.
Not Guilty After Trial – Sexual Offences Involving a Minor
Client was charged with Sexual Assault, Sexual Interference and Sexual Exploitation involving a minor. After a 4-day trial, and the cross-examination of Crown witnesses and in chief evidence of the Defence witnesses, the presiding judge found that the client not guilty of all charges.
No Criminal Record – Sexual Assault and Firearms Charges
Client was charged with Sexual Assault, Pointing a Firearm, Careless Use of a Firearm, Authorized Possession of a Firearm, Assault and Utter Threat. After extensive Crown Meetings, the client entered a guilty plea to Assault and Utter Threat and received a Conditional Discharge (no criminal record) on a joint submission with the Crown. All other charges were withdrawn.
Charges Withdrawn by Peace Bond – Spousal Assault
Client was charged with domestic Assault, Utter Threat, Assault with Weapon, Failure to Comply with a Court Order against his spouse. Following completion of upfront work, the client entered into a Common Law Peace Bond and the Crown withdrew the criminal charges.
Not Guilty After Trial – Criminal Harassment
Client was charged with Criminal Harassment and was facing a Dangerous Offender Application due to an extensive prior record. Following trial, the presiding judge said that the Crown’s witnesses were not credible and that the Crown’s case was very weak. Client was found not guilty on all charges.
Charges Stayed- Section 11(b) Charter Challenge
Client was charged with sexual assault, sexual interference, invitation to sexual touching and luring. Due to stacking of matters, the Preliminary Inquiry did not take place on two scheduled dates. Trial dates were then offered after the 11(b) Jordan date. After a contested 11(b) Application, the presiding judge agreed with our submissions that although earlier trial dates were offered on an ad hoc basis, that Defence counsel is not expected to hold themselves in a state of perpetual availability and determined that the client’s 11(b) Charter rights were infringed. A stay on all charges was ordered.
Charges Withdrawn During Trial- Assault
Client was charged with assault in relation to his child. Following the close of the Crown’s case and mid-way through the Defence case, the Crown offered a Common Law Peace Bond resolution and withdrew the criminal charge.
Charges Withdrawn Before Trial- Sexual Assault
Client was charged with domestic assault and sexual assault in relation to their spouse. After providing a detailed position regarding credibility and reliability issues with respect to the Complainant’s evidence to police, the Crown offered a Common Law Peace Bond resolution following a Judicial Pre-Trial and withdrew all criminal charges.
Conditional Sentence Ordered- Sexual Assault
Client was charged with sexual assault. Following completion of upfront work by the client and our submissions on sentencing, the client was sentenced to Conditional Sentence Order (i.e. “home jail”). The sentencing judge also agreed not to impose a Sexual Offender Registration Act (“SOIRA”) Order on the client, in accordance with our submissions.
Criminal Charges Withdrawn- Impaired Driving
Client was charged with Impaired Driving offences. As a result of our advocacy regarding the significant issues in the Crown’s case, the Crown agreed to withdraw the criminal charges and the client client entered a guilty plea to Careless Driving under the Highway Traffic Act.
Learn more about our approach to criminal defence.
Disclaimer
Results will vary based on the individual facts of each case. Every situation is unique; therefore, past results are not necessarily indicative of future outcomes.
/ Civil Litigation Case Results
Wrongful Death Settlement – Impaired Driving
Family lost their loved one as a result of the actions of an impaired driver. The initial offer from the insurance company was just over $100,000. After preparing both a detailed Settlement Submission and Mediation Brief, a settlement of $750,000 was paid following a Mediation.
Catastrophic Injury Settlement – Motorcycle Accident
Client sustained catastrophic injuries as a result of a serious motorcycle accident. After Mediation, settlements totalling $1.8 million were paid.
Catastrophic Injury Settlement – Fatal Motor Vehicle Accident
Client sustained catastrophic injuries as a result of a fatal motor vehicle accident. After Mediation, settlements totalling $1.35 million were paid.
Jury Recommendations Accepted – Police Shooting During Wellness Check
Family lost their loved one after they were shot by police during a wellness check. As a result of a week-long Coroner’s Inquest, and the cross-examination of all officers and first responders involved, the jury accepted all 33 of the family’s recommendations to prevent similar deaths to the Government of Ontario, the Office of the Chief Coroner for Ontario, the Ontario Ministry of Health and Long-Term Care, the Ontario Provincial Police, the Ministry of the Solicitor General and the local Municipality, Health Authority and Fire Department.
Jury Recommendations Accepted – Death During Police Restraint
Family lost their loved one as a result of being restrained by police during a wellness check. As a result of a week-long Coroner’s Inquest, and the cross-examination of all officers and first responders involved, the jury accepted all of the family’s recommendations to prevent similar deaths to the Ministry of Safety and Correctional Services.
Motor Vehicle Accident Settlement
Client sustained post-concussion injuries as a result of a motor vehicle accident. The initial offer from the insurance company was $75,000. Following a Mediation, a settlement of $225,000 was paid.
Learn more about our approach to civil litigation.
Disclaimer
Results will vary based on the individual facts of each case. Every situation is unique; therefore, past results are not necessarily indicative of future outcomes.