Scarborough Successes

*The following represents only a sample of cases that were scheduled for trial. These do not include favourable resolutions that were negotiated with the Crown before a trial date was scheduled.

Drinking And Driving Cases

R. v. C.T. [2008] [Section 11(b)]

Client was charged with impaired driving and driving with an illegal blood-alcohol level. The Client’s application for a stay of proceedings due to a breach of his right to a speedy trial was allowed.

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R. v. J.V. [2009] [Section 11(b)]

Client was charged with driving with an illegal blood-alcohol level. The Client’s application for a stay of proceedings due to a breach of his right to a speedy trial was allowed.

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R. v. N.S. [2010] [Section 8]

Client was charged with driving with an illegal blood-alcohol level and possession of cocaine. The client was strip searched at the police station. The trial judge found that because the door was left ajar and the client was left completely naked during the search his rights to privacy were violated. A stay of proceedings ensued.

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R. v. F.B. [2018]

Client was charged with operating his motorcycle with Excess Blood Alcohol. The judge found a breach of the defendant’s section 10(b) rights to counsel. The charge was dismissed.

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R. v. A.S. [2020]

The Client was charged with Impaired Operation and Excess Blood Alcohol. The trial judge found a number of breaches of the Client’s Charter rights and dismissed the Excess Blood Alcohol charge. She was left with a reasonable doubt about whether or not the client was Impaired. The Client was acquitted of that charge.

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R. v. J.H. [2021]

The client was charged with Impaired Operation and Over 80. The trial commenced in 2020 at evidence was heard over the course of two days. On the final date scheduled for trial in 2021 the Crown lost jurisdiction over the defendant due to the lost information. The charges were ultimately stayed by the Crown. The client avoided a criminal record.

R. v. P.S. [Section 10(b)]

Client was charged with driving with an illegal blood-alcohol level. The Client could not speak fluent English. Counsel argued his right to counsel in his own language (Tamil) had been violated. The trial judge agreed. The breath readings were excluded leaving the Crown with no further evidence.

R. v. L.A.

Client was charged with driving with an illegal blood-alcohol level. Counsel brought an application arguing there was a significant delay in bringing the roadside screening device to the scene. The Crown agreed to withdraw the charge on the trial date. The Client plead guilty to Careless Driving under the Highway Traffic Act for a fine. He avoided getting a criminal record and kept his driver’s license.

R. v. R. D.

Client was charged with impaired driving and driving with an illegal blood-alcohol level. He hit a parked car in his neighbourhood and fled the scene. He was passed out on his lawn when the police arrived on scene. Counsel argued that the client was subjected to an illegal strip search at the police station. The judge agreed that the Client’s rights were breached and that the strip search was unwarranted. A stay of proceedings ensued.

R. v. T.S.

Client was charged with impaired driving and driving with an illegal blood-alcohol level. He was involved in an accident and his breath readings were more than three times the legal limit. The charge was withdrawn on the trial date by the Crown.

R. v. G.P.

Client was charged with impaired driving and driving with an illegal blood-alcohol level. The Crown failed to provide disclosure of maintenance records of the breath machine to counsel in a timely fashion. The case had to be postponed and an early trial date could not be secured. As a result, the charges were withdrawn by the Crown on the trial date. The Client plead guilty to a charge of Careless Driving under the Highway Traffic Act for a fine. He kept his driver’s license and avoided getting a criminal record.

R. v. D.M.

The Client was charged with Refusing to Provide a Sample into an Approved Screening Device. Counsel insisted that the Crown disclose all the relevant evidence in the case. The Crown was unable to provide all the relevant evidence because it had been lost. The charge was withdrawn on a trial date due to lost evidence.

R. v. T.B.

The Client was charged with Refusing to Provide a Sample into an Approved Screening Device. The charge was dismissed following counsel’s successful cross-examination of the arresting officer on the date of trial. After discussions with the Crown, the Client plead guilty to a charge of Careless Driving under the Highway Traffic Act for a fine. The Client avoided getting a criminal record and kept his license.

R. v. A.L.

Client was charged with Over 80 milligrams Operation. The charge was withdrawn on a trial date. The Client plead guilty to the charge of Careless Driving under the Highway Traffic Act for a fine. He avoided getting a criminal record and kept his license.

R. v. D. B.

Client was charged with Impaired and Over 80 milligrams Operation. Both charges were withdrawn after the first trial date because of an anticipated motion to stay the proceedings for delay. The client plead guilty to Careless Driving under the Highway Traffic Act. He avoided getting a criminal record and kept his driver’s license.

R. v. S.G.

Client was charged with Over 80 milligrams Operation. The trial commenced and the Crown called his arresting officer. After counsel’s successful cross-examination of the arresting officer Crown agreed to withdraw the charge. The client plead guilty to Careless Driving Under the Highway Traffic Act. He avoided getting a criminal record.

R. v. L.H.

Client was charged with Impaired Operation and Over 80 milligrams Operation. Her breath readings were more than twice the legal limit. On the trial date the Crown agreed to withdraw both charges due to difficulties in proving the case against her. The client plead guilty to Careless Driving under the Highway Traffic Act. She avoided getting a criminal record.

R. v. A.Y.

Client was charged with Excess Blood Alcohol and Obstruction of Justice. The trial judge found he was held too long overnight in the cells at the police station and should have been released earlier. He found the over-holding was a serious infringement of his liberty. While he did not stay the Excess Blood alcohol charge he did impose the minimum fine and granted a discharge on the obstruction of justice charge.

R v. S.G.

The client was charged with impaired by drug, namely marihuana. Immediately prior to the trial date the Crown agreed to a plea to careless driving pursuant the Highway Traffic Act. He avoided getting a criminal record.

R v. H.G.

The client was charged with Refusal to provide a Breath sample. The first trial date was adjourned. The Crown ultimately agreed to a plea to Careless Driving due to concerns about a violation of clients right to a speedy trial. He avoided getting a criminal record.

R v. M.S.

The client was charged with Excess Blood Alcohol concentration. His matter did not proceed to trial on the scheduled trial date and was adjourned to a later date. The Crown offered a plea to careless driving under the Highway Traffic Act. He avoided a criminal record.

Domestic Assault Cases

R v. G.V.

The Clients were charged with Assault with a Weapon and Theft under. During resolution discussions with the Crown, counsel provided the Crown with a wealth of information that demonstrated that the complainant was not a credible witness. The Crown withdrew the charges.

R v. P.H.

The Client was charged with Assault, Threatening Death and Failing to Comply with his bail. During resolution discussions with the Crown, counsel provided the Crown with information obtained from other eye-witnesses with whom she had interviewed that seriously undermined the strength of the Crown’s case. The Crown withdrew the charges.

R v. M.G.

Client was charged with Assault Bodily Harm. On the second day of trial after a successful cross-examination of the complainant, the Crown withdrew the charge against the Client in exchange for the Client entering into a Peace Bond.

R v. T.K.

Client was charged with a Domestic Assault and related offences. All charges were withdrawn by the Crown after successful resolution discussions.

R v. T.M.

Client was charged with Domestic Assault , Threatening and Failing to Comply offences. During resolution discussions counsel suggested that the client attend some counseling. and complete some community service work. All charges were subsequently withdrawn by the Crown.

R v. V.M.

Client was charged with a serious Domestic Assault and related offences. All charges were withdrawn by the Crown after successful resolution discussions and the client’s completion of anger management counseling

Drug Offence Cases

R.v. T.V.

Client was charged along with a co-defendant with Producing Marihuana and other drug-related offences. After a month-long trial in the Ontario Court of Justice, the client was acquitted of all charges.

R. v. O.A.

Client and his co-defendants were charged with trafficking in a large amount of cocaine. Following a trial in the Superior Court of Justice the charges were stayed because the police violated the client’s Charter right to be free unreasonable search and seizure due to the warrantless search of his van.

Theft, Fraud, Robbery And Other Offences

R v C.L.

Client was charged with Sexual Assault. At the Superior Court of Justice the Judge found his right to a speedy trial was infringed. A stay of proceedings followed.

Read the Decision Here

R v. A. J.

Client was charged with possession of a loaded, prohibited firearm. At the Superior Court of Justice the Judge found his right to be free from unreasonable search and seizure was violated following the search of his vehicle. A stay of proceedings followed.

R. V. C.L.

Client was charged with a violent purse snatching in Markham. On arrest the client had an altercation with a police services dog that left him with serious injuries to his face. Following a Charter application, on sentencing the trial judge found that situation warranted a mitigated sentence and the client avoided a lengthy jail sentence and was placed on probation.

R. v. R. C.

Client was charged with a Sexual Assault and Assault with a weapon. The Crown’s case was vigorously challenged at trial in the Superior Court of Justice and the Client was acquitted of all charges.

R v. L. S.

Client was charged with Sexual Assault. The Crown’s case was vigorously challenged at trial in the Superior Court of Justice and the Client was acquitted of the charge.

R v. T. G.

Client was charged with Aggravated assault that was upgraded to Manslaughter. Following the preliminary hearing the client was committed to stand trial in the Superior Court. The Crown withdrew the charge due to a lack of a reasonable prospect of conviction at the Superior Court.

R v. Q.H.

Client was charged with Kidnapping and possession of a firearm, assault, stemming from an alleged debt connected to an underground gambling den. Following the preliminary hearing the client was committed to stand trial in the Superior Court. The Crown withdrew the charge due to a lack of a reasonable prospect of conviction in the Superior Court.

R v. A.B.

Client was charged with Criminal Harassment and Threatening death. The Crown brought an application to have the client declared a dangerous offender. The judge rejected the Crown’s request to declare him a dangerous offender. Instead, he received a long-term offender designation.

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