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Archive for September, 2014

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Archive for September, 2014

Evidence thrown out after officer ‘fabricated’ drug transaction

On behalf of Neuberger & Partners LLP posted in Drug Trafficking on Monday September 29, 2014.

Police officers must follow proper procedure when gathering evidence to obtain a search warrant. A mistake at any point in the process could later result in evidence being thrown out. Often such mistakes are unintentional, but occasionally police officers are found to have brazenly broken the law in the pursuit of criminal charges. Recently, an Ontario judge threw out the evidence against a convenience store employee who was charged with...
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Possible defence strategies in cases of impaired driving

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday September 23, 2014.

When a driver is stopped under suspicion of impaired driving, the police officer will probably conduct a battery of tests to determine whether the driver is indeed impaired. However, testing sobriety can be very subjective. For example, the methods of sobriety testing are often applied alongside cold, dark and busy roadways, where an officer's ability to determine whether a person is intoxicated may be compromised by the physical conditions of...
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Ontario doctor’s practice restricted after sexual abuse allegations

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Monday September 22, 2014.

Being convicted of a sex-related offence in Ontario can not only result in a jail sentence; individuals convicted of sex crimes often face employment difficulties and long-term reputation damage. For example, a medical professional accused of a sex offence could face additional restrictions under the Regulated Health Professions Act. A 53-year-old doctor in Mississauga is in this situation after admitting that, between 2005 and 2011, he sexually abused as many as 13...
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Drug charges: The stakes are too high not to have a strong defence

On behalf of Neuberger & Partners LLP posted in Uncategorized on Thursday September 18, 2014.

Whether you are facing the relatively minor charge of marijuana possession or the very serious charge of drug trafficking, you will need an effective criminal defence strategy to protect your rights and freedom. With any type of drug charge, you can expect prosecutors to aggressively pursue a conviction and ask the court to impose a jail sentence. Criminal defence lawyers at Neuberger & Partners LLP work to protect accused individuals' rights by...
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Judge hands down 20-month sentence for former teacher

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday September 17, 2014.

Historical allegations of sexual assault are taken very seriously by Canadian courts. If the accused individual was in a position of authority at the time of an alleged offence, then the Crown may seek particularly harsh penalties in an effort to send a message to the community. A former high school teacher in Quebec was recently sentenced to 20 months in jail after being found guilty of having a sexual...
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Extradition: A serious matter requiring experienced criminal defence

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Thursday September 11, 2014.

Developing a thorough defence against criminal charges is an in-depth, complex process that requires the help of an experienced criminal defence lawyer. Matters can become significantly more complicated, however, if there is the potential that multiple jurisdictions will be involved. If you are facing the possibility of being extradited from Canada to face criminal charges in another country, then it is important that you take action to protect your rights...
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Student faces 3 counts of sexual assault in Ottawa

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Tuesday September 09, 2014.

Sexual assault allegations arise from a wide variety of circumstances. As we discussed in a recent post, a sexual assault charge does not have to be based on an allegation of extreme violence. A person can face very serious consequences after being accused of groping or otherwise inappropriately touching another person. That is the accusation against a student who was recently arrested in Ottawa. Police were called to Carleton University after a...
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Court: Package recipient did not have reasonable expectation of privacy

On behalf of Neuberger & Partners LLP posted in drug charges, Drug Trafficking on Friday September 05, 2014.

Canadians are protected from unreasonable search and seizure because they are legally afforded a reasonable expectation of privacy. However, that expectation has come into question after a recent decision by the British Columbia Court of Appeal. The case involves a man who received and opened a package that contained drugs. The police already knew the package contained drugs, however, because an employee of the courier company thought the sender looked...
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Sprinter Donovan Bailey prohibited from driving after guilty plea

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Wednesday September 03, 2014.

People who find themselves facing drinking and driving charges come from all walks of life. Under Canadian law, drivers are prohibited from having a blood-alcohol level that exceeds 80 milligrams of alcohol per 100 millilitres of blood, and depending on an individual's body weight and metabolism, not much alcohol is required to exceed that limit. Consider the case of Olympic champion Donovan Bailey. The sprinter recently pleaded guilty to driving over...
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CONTACT INFORMATION

1392 Eglinton Avenue West
Toronto, ON M6C 2E4
Phone (416) 364-3111
Fax (416) 364-3271

COVID-19 UPDATE

On behalf of Neuberger & Partners LLP posted in COVID-19 on Tuesday March 17, 2020.

At Neuberger and Partners, we are monitoring the COVID-19 situation and have implemented safety measures to ensure the safety of our clients and staff. Our priority is and always will be the health, well-being and safety of our staff, clients and colleagues.

We have put in place various measures to prevent and minimize the impact of COVID-19:

  • In addition to standard hand-washing habits, our staff are washing hands before and after every client interaction;
  • All individuals entering our office will be required to use our hand sanitizer to ensure the safety of our other clients and staff;
  • Regular disinfecting of our offices, public areas, meeting rooms and board rooms as well as increasing the frequency of disinfection of higher-traffic surface areas;
  • If a lawyer or client who has a scheduled meeting is feeling unwell, they will be strongly encouraged to stay home;
  • For the time being, we will avoid greeting clients and colleagues with our usual handshakes;
  • We will make every effort to ensure our firm will be stocked up with extra tissue and alcohol-based hand sanitizer; and
  • We will monitor and stay informed from the Government of Canada and World Health Organization for facts as they become available. We will ensure all staff and team members are educated on symptoms and are well informed on prevention and best practices.

Frequently Asked Questions:

Will the firm still run if there are closures?

  • We are committed to assisting our clients. We remain open to assist our clients at this time (following aforementioned standards for health and safety). For clients who wish to communicate with our firm virtually, we have the technology for virtual meetings and are able to respond to the needs of our clients in a manner best to protect our staff and clients’ health.

Are staff and lawyers set up to work virtually?

  • All lawyers and staff are set up to work virtually and continue to assist clients and one another remotely. All lawyers are available via telephone, email and virtual video conferencing.

What is the court situation? How will we deal with court closures?

  • At this time, the Superior Court of Justice is closed from March 17, 2020 to June 1, 2020 – unless a judge orders otherwise.
    If you have a March matter, your matter will be postponed to June 2, 2020.
    April matters will be postponed to June 3, 2020 and May matters will be pushed to June 4, 2020.
  • Similarly, the Ontario Court of Justice will be closed for 10 weeks for all out of custody matters in criminal practice court. In custody matters will still be addressed. It is unclear if out of custody matters such as trials or preliminary hearings will continue since the courts have left this decision to the discretion of the judges. However, Bail courts will remain open for the time being.
  • The Court of Appeal for Ontario has suspended all scheduled appeals until April 3, 2020. But we are still able to file materials and apply for urgent appeals to be heard.
  • We will advise clients by email of their next Court date.

How can payments be made?

  • Payments can be made via e-transfer and visa payments can be made over the phone.

If I have to deliver something to my lawyer, how shall I go about it?

  • For clients who wish to drop off documents but do not wish to come in contact with any one at the firm, you are encouraged to drop them off in our mail slot in front of our office.

We will be open and available for any questions, comments or concerns. Please call (416) 364-3111 for any further information.

Stay safe and healthy,

Joseph Neuberger