Archive for February, 2015

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Archive for February, 2015

What is the age of consent in Ontario? Are there exceptions?

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Thursday February 26, 2015.

The question of consent is primary in many sexual assault cases. Under Ontario law, sexual assault occurs whenever an individual sexually touches another person without that person's consent. In other words, the touching does not have to be extremely violent in order to lead to a sexual assault charge, nor must a sexual assault charge be predicated on sexual intercourse. In Canada, the age of consent for sexual activity is...
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Neuberger & Partners take a detailed, custom approach to drug trafficking cases

On behalf of Neuberger & Partners LLP posted in Drug Trafficking on Thursday February 19, 2015.

In Canada, heroin is classified as a Schedule I substance under the Controlled Drugs and Substances Act. While the penalties for possession of a Schedule I drug may include fines, jail time and other consequences, the penalties for trafficking a Schedule I drug such as heroin can be even more severe, even if you have no prior convictions. An individual convicted of trafficking heroin in Ontario could face a lifetime...
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Police claim GTA residents were selling drugs from Niagara Falls hotel

On behalf of Neuberger & Partners LLP posted in Drug Trafficking on Wednesday February 18, 2015.

When multiple people are arrested in connection with alleged drug trafficking, the extent to which each party is involved, if at all, is often not immediately clear. People may find themselves facing a serious drug charge simply because they were in the wrong place at the wrong time. To convict a person of a drug offence, the prosecution must make an evidentiary connection between the defendant and the drug in question. If...
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What are the sex offender registration requirements in Ontario?

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Thursday February 12, 2015.

The law in Ontario requires any resident who has been convicted of a designated sex offence to register with the province's sex offender registry. Individuals who have been convicted of sex crimes in other provinces or outside of Canada must also register. An individual listed on the registry must periodically report to police. The duration of the reporting requirement depends on the number of offences and the maximum sentence after...
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What are the possible penalties for impaired driving in Ontario?

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday February 10, 2015.

The penalties imposed for impaired driving in Ontario are some of the toughest in North America. Many people don't fully understand the burden a conviction can place on them until they are convicted. To lighten that burden as much as possible or to prevent a conviction altogether, it is crucial to have an experienced criminal defence lawyer on your side throughout the legal process. A brief discussion of the penalties...
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Study shows how easily interrogation tactics elicit false confessions

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday February 04, 2015.

Police in Canada are currently allowed to use deceptive tactics to a certain extent when interviewing a person suspected of a crime. In reality, misleading suspects in an effort to get them to confess is a common practice in police interviews. For example, the Reid technique is a complex form of manipulation used by police, and the technique has been shown many times to have elicited false confessions. A study recently published...
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Things to know about mandatory minimum sentences for drug crimes

On behalf of Neuberger & Partners LLP posted in Drug Trafficking on Monday February 02, 2015.

In 2012 Canadian legislators passed the controversial Safe Streets and Communities Act, which, among other things, set mandatory minimum sentences for certain kinds of drug offences and increased prison sentences for marijuana offences. Specifically, the law requires a minimum prison sentence of one year if the accused is convicted of a drug crime under any of the following circumstances: The defendant was previously convicted of a designated drug offence within...
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CONTACT INFORMATION

1392 Eglinton Avenue West
Toronto, ON M6C 2E4
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