Supreme Court of Canada Cases

R. v. B. (W.E.),[2014] 1 S.C.R. 34, 309 C.C.C. (3d) 41

Ineffective assistance of trial counsel case.
Accused convicted of sexual assault, sexual touching and invitation to sexual touching.
Also represented appellant before the Ontario Court of Appeal: 2012 CarswellOnt 14252, 309 C.C.C. (3d) 44 (Ont. C.A.).

R. v.Lu,2013 CarswellOnt 15814, 2013 CarswellOnt 15815, [2013] S.C.C.A. No. 313

Application for leave to appeal on issue of appropriateness of conditional discharges in cases involving collateral immigration consequences.
Acted as counsel before the Ontario Court of Appeal (2013 CarswellOnt 5866, 2013 ONCA 324) and atde novo sentencing hearing (2013 CarswellOnt 4345, [2013] O.J. No. 1704).

R. v. H. (W.), [2013] 2 S.C.R. 180, 297 C.C.C. (3d) 4

Appeal of a sexual assault conviction based upon unreasonable verdict reached by jury.

R. v. M. (G.),[2013] 2 S.C.R. 202, 359 D.L.R. (4th) 459

Crown appeal based on admission of fresh evidence in sexual assault case.

Appeals

R. v. Solano,2014 CarswellOnt 2751, 309 C.C.C. (3d) 386 (Ont. C.A.)

Appeal of Dangerous Offender designation.
Acted as counsel at sentencing hearing where Crown brought Dangerous Offender application: 2010 CarswellOnt 3798, [2010] O.J. No. 2394.

R. v. Szostak,2014 CarswellOnt 161, 306 C.C.C. (3d) 68 (Ont. C.A.)

Appeal by accused from convictions for aggravated assault, assault causing bodily harm, assault with weapon and obstruction of justice.
Appeal by Crown from judgment dismissing Crown’s application to designate accused a Dangerous Offender.

R. v. Precup, 2013 CarswellOnt 8139, 300 C.C.C. (3d) 82 (Ont. C.A.)

Successful appeal of convictions for dangerous driving causing death and failure to remain at scene of accident that resulted in death.
Trial judge failed to provide limiting instructions and remedial instructions regarding use of bad character evidence.
New trial ordered.
Will be acting as counsel in new trial commencing November 10, 2014.

R. v. Weckwerth, 2013 CarswellOnt 15104, [2013] O.J. No. 4977 (Ont. C.A.)

Successful appeal of conviction for trafficking in a controlled substance.
Trial judge’s reasons did not make it clear whether he had considered exculpatory evidence of individual to whom the accused had allegedly sold the drugs.

R. v. Moradi, 2013 CarswellOnt 300, 2013 ONCA 17

Sentencing appeal for accused convicted of charges related to production and trafficking of marijuana.

R. v. Clouthier, 2012 CarswellOnt 11924, 2012 ONCA 636

Successful appeal of conviction for robbery and being masked with intent to commit robbery.
Trial judge had improperly ignored material evidence.
New trial ordered.

R. v. Marquis, 2011 CarswellOnt 12453, 2011 ONSC 6514

Appeal of conviction for failure to provide a breath sample.

R. v. Roger, 2008 CarswellOnt 19, 62 M.V.R. (5th) 56 (Ont. S.C.J.)

Appeal from judgment dismissing accused’s application for a stay of proceedings in drinking and driving case based on excessive use of force by police.

R. v. Kirlew, 2007 CarswellOnt 4225, 2007 ONCA 476

Ineffective assistance of counsel case.

R. v. Riopelle, 2005 CarswellOnt 8303 (Ont. S.C.J.)

Successful appeal of conviction for driving “over 80.”
Trial judge erred in contrasting evidence of accused against presumptive evidence of breathalyzer readings.
New trial ordered.

R. v. Leduc, 2002 CarswellOnt 436 (Ont. C.A.)

Successful conviction appeal.

R. v. Kikubi, 2000 CarswellOnt 4732 (Ont. C.A.)

Appeal from conviction for attempted fraud and sentence appeal.

R. v. Kettles, 1999 CarswellOnt 3164, 43 W.C.B. (2d) 488 (Ont. S.C.J.)

Appeal based on ineffective assistance of trial counsel in drinking and driving case.

R. v. Brown, 1998 CarswellOnt 144 (Ont. C.A.)

Appeal based upon improper preparation and presentation of a photo line-up.

R. v. Husbands, 1998 CarswellOnt 673, [1998] O.J. No. 643 (Ont. C.A.)

Appeal of conviction on basis of wilful blindness.

Canada (Attorney General) v. MacDonald,1995 CarswellNfld 255, 128 Nfld. & P.E.I.R. 162 (Nfld. C.A.)

Court of Appeal upheld sentence of 1 day’s imprisonment plus 2 years’ probation for being at large on an undertaking, escaping from lawful custody and possession of cannabis resin for the purpose of trafficking.
Although this sentence would generally be considered “inordinately low,” it was appropriate in this case in order to provide accused with the opportunity to continue his rehabilitation process.

R. v. G. (M.), 1995 CarswellNfld 253, 127 Nfld. & P.E.I.R. 78, 26 W.C.B. (Nfld. C.A.)

Appeal of sentencing decision.
Young offender convicted of unlawful entry into a dwelling house with intent to commit an indictable offence, theft while armed with an offensive weapon, unlawful confinement, assault with a weapon, taking a hostage and uttering death threats.

R. v. Semigak, 1995 CarswellNfld 349, 127 Nfld. & P.E.I.R. 218 (Nfld. C.A.)

Sentence appeal for offender who pleaded guilty to breaking and entering and sexual assault.

R. v. A. (G.),1994 CarswellNfld 276, 87 C.C.C. (3d) 303 (Nfld. C.A.)

Court of Appeal confirmed sentencing judge’s sentence of two years less a day in custody for sexual assault conviction but extended the length of probation period.
Though sentences for sexual assault generally started at three years, mitigating factors and potential for rehabilitation justified a lower sentence.

R. v. Conway, 1994 CarswellNfld 142, 124 Nfld. & P.E.I.R. 68 (Nfld. C.A.)

Appeal of theft conviction.

R. v. Fitzgerald, 1994 CarswellNfld 75, 117 Nfld. & P.E.I.R. 148 (Nfld. C.A.)

Appeal of sentencing decision involving issue of appropriate scope of review.

R. v. George, 1994 CarswellNfld 5, 90 C.C.C. (3d) 502 (Nfld. C.A.)

Appeal of “over 80” conviction based on issue of what constitutes “care and control” of a motor vehicle.

R. v. H. (P.G.),1994 CarswellNfld 90, 22 W.C.B. (2d) 478 (Nfld. C.A.)

Court of Appeal upheld sentence of 20 months’ imprisonment for accused who pleaded guilty to sexual assault.
Though sentence imposed was at the low end of the range, it was not so inordinately low or unreasonable that the Court was obliged to interfere.
Sentencing judge focused on rehabilitation of offender.

R. v. H. (R.J.), 1994 CarswellNfld 380, 27 W.C.B. (2d) 470

Appeal of sentence of young offender.

R. v. Lambert, 1994 CarswellNfld 166, [1994] N.J. No. 328 (Nfld. C.A.)

Successful sentence appeal based on section 11(i) of the Charter of Rights and Freedoms.

R. v. Murphy, 1994 CarswellNfld 52, 23 W.C.B. (2d) 97, 356 A.P.R. 291 (Nfld. S.C.)

Sentence appeal for offender convicted of two counts of assault, breach of probation and breach of an undertaking.

R. v. N. (W.M.), 1994 CarswellNfld 97, 24 W.C.B. (2d) 413 (Nfld. C.A.)

Court of Appeal upheld sentence of four months incarceration for sexual assault.
Sentence was not insignificant or out of line with sentences imposed in similar circumstances.

R. v. E. (J.W.), 1993 CarswellNfld 287, 107 Nfld. & P.E.I.R. 129 (Nfld. C.A.)

Crown appeal of sentencing for indecent assault, gross indecency and sexual assault.

R. v. J. (B.W.), 1993 CarswellNfld 99, 20 W.C.B. (2d) 373 (Nfld. C.A.)

Conviction appeal where accused convicted of three counts of gross indecency, four counts of indecent assault and six counts of sexual assault.

R. v. Myers, 1992 CarswellNfld 273, 16 W.C.B. (2d) 201 (Nfld. S.C.)

Crown appeal of acquittal on driving “over 80” charge.

R. v. Power, 1992 CarswellNfld 62, 17 W.C.B. (2d) 284 (Nfld. C.A.)

Appeal of judgment dismissing application for accused to sit beside counsel rather than in prisoner’s dock based on section 7 of the Charter of Rights and Freedoms.

R. v. Williams,1992 CarswellNfld 96, 101 Nfld. & P.E.I.R. 179 (Nfld. C.A.)

Crown appeal of sentence imposed upon individual convicted of possession of and trafficking in marihuana, receiving stolen goods and breaching an undertaking.

Trials / Motions / Sentencing Hearings

R. v. Shu Wong, 2014, Ontario Superior Court of Justice (unreported)

Prepared and submitted Application for Reduction in Parole Ineligibility

R. v. Ananthamoorthy, 2014 CarswellOnt 1092, 2014 ONSC 570

Five accused acquitted of charges of kidnapping, confinement and threatening.
Elements of offences were not proven and trial judge had “serious reservations” about complainant’s credibility.

R. v. Mohamed Rafeek Ali, 2013/2014, Ontario Superior Court of Justice (unreported)

Hearing of Application for a Reduction in Parole Ineligibility.
Successful Application to have Application for a Reduction in Parole Ineligibility heard by a jury.

R. v. Paul, 2013, Ontario Superior Court of Justice (unreported)

Prepared and submitted Application for a Reduction in Parole Ineligibility.

R. v. Dawson-Jarvis, 2013 CarswellOnt 14340, 2013 ONSC 6317

Sentencing hearing of accused who pleaded guilty to robbery, attempted extortion, money laundering, and fraud.

R. v. Nasrallah, 2012 CarswellOnt 4109, 2012 ONSC 2124

Application to havejury take part in a view granted in a case involving criminal negligence causing bodily injury and failing to stop at the scene of an accident.

R. v. Dinh Duc Nguyen, 2012, Ontario Superior Court of Justice (unreported)

Motion to have evidence excluded under subsection 24(2) of the Charter of Rights and Freedoms based on the grounds that it was obtained in a manner that violated the Applicant’s s. 8, 9 and 10(b) Charter rights.
After reading motion materials, Crown withdrew charges of possession of controlled substances for the purpose of trafficking.

R. v. Jeanvenne

First-degree murder case involving “Mr. Big” police investigation.
Motion to exclude evidence of disreputable conduct: 2011 CarswellOnt 15265, 2011 ONSC 7621.
Motion to have Crown call viva voce evidence for the admissibility of disreputable conduct evidence: 2011 CarswellOnt 13714, 2011 ONSC 7175 (Ont. S.C.J.).
Motion for admission of expert testimony: 2011 CarswellOnt 15910, 2011 ONSC 7244.

R. v. Schaefler, 2009 CarswellOnt 4486, [2009] O.J. No. 3175 (Ont. S.C.J.)

Successful application to have offender’s Application for Reduction of Parole Ineligibility heard by a jury.
Offender had been convicted of the first-degree murder of his wife.

R. v. W.S-L., 2011, Ontario Court of Justice (unreported)

Successful motion to have “confession” of an accused young person excluded from evidence since the statement was taken in a way that violated the Youth Criminal Justice Act.
Crown withdrew charges of arson.

R. v. Bittle, 2007 CarswellOnt 10164, [2007] O.J. No. 5776 (Ont. S.C.J.)

Application in child pornography case seeking exclusion of evidence based on sections 8 and 24 of the Canadian Charter of Rights and Freedoms.

R. v. Moraru

Police officer found Not Criminally Responsible for theft, assault of a peace officer and uttering threats: 2006 CarswellOnt 4568 (Ont. C.J.).
Officer granted a conditional discharge: 2006 CarswellOnt 4571 (Ont. C.J.).

R. v. Piamonte, 2006 CarswellOnt 4569, [2006] O.J. No. 2814

Individual convicted of breach of recognizance, extortion, unlawful confinement, uttering threats, careless storage of ammunition and several counts of possession for purpose of traffickinggranted conditional sentence of two years less one day.
While the offences were serious, there were many mitigating factors.

R. v. Le, 2006 CarswellOnt 3243, [2006] O.J. No. 2167 (Ont. S.C.J.)

One year conditional sentence granted to individual convicted of production of marijuana and possession of marijuana for the purpose of trafficking.
Many mitigating factors existed in the case.

R. v. I. (S.),2004 CarswellOnt 5520 (Ont. S.C.J.)

Accused found not guilty of six charges related to allegations that she had assaulted two children in her care.

R. v. Peever, 2004 CarswellOnt 8198 (Ont. S.C.J.)

Application for bail in first-degree murder case.

R. v. Cheresna, 2003 CarswellOnt 3694, 59 W.C.B. (2d) 225 (Ont. S.C.J.)

Accused charged with 11 offences, including assault with a weapon and arson.

R. v. Kilroy, 2003 CarswellOnt 221, 56 W.C.B. (2d) 303 (Ont. C.J.)

Sentencing of accused who pleaded guilty to counselling someone to murder her former common law spouse.
Sentenced to imprisonment of 2 years less 1 day and 3 years probation.

R. v. Graham, 2001 CarswellOnt 3943 (Ont. S.C.J.)

Sentencing of accused who pleaded guilty to sexual interference.

R. v. Watkins, 2001 CarswellOnt 3921 (Ont. S.C.J.)

Individual convicted of robbery, theft and breach of recognizance granted 18 months’ conditional sentence to be served in the community.
Sentencing judge placed emphasis on rehabilitation.

R. v. Leduc, 2000 CarswellOnt 5958 (Ont. C.J.)

Sentencing of accused convicted of nine counts, including “prowl by night” and attempting to steal a motor vehicle.

R. v. Mallory

First degree murder case.
Motions related to evidentiary issues:

1998 CarswellOnt 5905, [1998] O.J. No. 6315 (Ont. C.J.)
1999 CarswellOnt 4688, 45 W.C.B. (2d) 533 (Ont. C.J.)

1999 CarswellOnt 4691, 45 W.C.B. (2d) 535 (Ont. C.J.)
1999 CarswellOnt 4689, 45 W.C.B. (2d) 585 (Ont. C.J.)
1999 CarswellOnt 4690, 45 W.C.B. (2d) 590 (Ont. C.J.)

2000 CarswellOnt 941, 45 W.C.B. (2d) 564 (Ont. C.J.)
2000 CarswellOnt 1138, [2000] O.J. No. 954 (Ont. C.J.)

R. v. C. (A.),1998 CarswellOnt 695 (Ont. C.J.)

Accused charged with armed robbery and manslaughter released on bail.
Despite accused’s criminal record and serious public safety issues that militated against release, offence was spontaneous and accused had made no attempt to evade police.

R. v. Ismail, 1997 CarswellOnt 5339 (Ont. C.J.)

Successful alibi defence.

R. v. L. (W.),1994 CarswellNfld 383, 123 Nfld. & P.E.I.R. 357 (Nfld. P.C.)

Young offender charged with sexual assault.

R. v. Parsons, 1994 CarswellNfld 14, 23 W.C.B. (2d) 284 (Nfld. C.A.)

Successful motion for bail pending appeal.
Accused had been convicted of the second-degree murder of his mother.

R. v. B. (S.),1992 CarswellNfld 329, 102 Nfld. & P.E.I.R. 138 (Nfld. P.C.)

Hearing on issue of whether sections of the Criminal Code dealing with judicial interim release conflicted with the Young Offenders Act and theCanadian Charter of Rights and Freedoms.

Tribunal Cases

Campbell, Re, 2011 CarswellOnt 7520

Appeared before Ontario Review Board with client who had been found Not Criminally Responsible for attempted murder, possession of stolen property and wilfully interfering with lawful use of enjoyment of property.

Moraru, 2008, OCCPS (unreported)

Successful appeal to Ontario Civilian Commission on Police Services.
Police officer had pleaded guilty to dishonourable conduct.
At original disciplinary hearing, hearing officer had imposed penalty of resignation or dismissal.
OCCPS overturned this decision and replaced it with demotion to third-class constable for one year, after which officer would become eligible for promotion, and with participation in a program to monitor officer’s mental health.