Archive for March, 2015

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Archive for March, 2015

Distinction between edible and dry cannabis at issue in Supreme Court case

On behalf of Neuberger & Partners LLP posted in Drug Manufacturing & Cultivation on Wednesday March 25, 2015.

The Supreme Court of Canada is currently considering arguments about whether the regulation of medical marijuana -- specifically, edible cannabis products -- is arbitrary and unconstitutional. The case before the high court follows the acquittal of a British Columbia man who was charged with marijuana possession and marijuana trafficking. In 2009, police found edible marijuana products in his apartment. Those products reportedly included cannabis-infused olive oil and grapeseed oil and...
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Impaired driving case in Halton thrown out because of unreasonable delay

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday March 24, 2015.

Under the Canadian Charter of Rights and Freedoms, a person charged with a criminal offence has the right "to be informed without reasonable delay of the specific offence" and the right "to be tried within a reasonable time." If unreasonable delay in either of these capacities occurs, then it may be possible to have the case dismissed. That was the outcome after more than 11 months of delay in an...
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When a youth is the one charged with domestic assault

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Wednesday March 18, 2015.

A criminal charge can not only have a negative impact on the individual charged; the arrest may also result in unforeseen consequences for the defendant's family, especially if the charge arises from a domestic dispute. Mental health resources, addiction counselling and support agencies are available to families who are having difficulties at home, but often these resources are not utilized or simply don't have the desired effect. In some cases,...
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Charged with conspiracy to commit a drug crime? Know your defence options

On behalf of Neuberger & Partners LLP posted in Drug Manufacturing & Cultivation on Tuesday March 17, 2015.

Often people who find themselves charged with conspiracy in Ontario never thought they were "conspiring" to do anything. However, in legal terms, conspiracy occurs when two or more individuals agree together to commit a crime. In many cases, conspiracy charges are levelled in addition to other charges, which could include anything from embezzlement to drug importation. Most of the time, though, conspiracy charges are linked to drug crimes. If you...
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Police claim driver placed penny in mouth before breath test

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Wednesday March 11, 2015.

A recent impaired driving arrest raises some important issues that people in Ontario should understand with regard to breath tests. First, it is important to know that refusing a breath test is a crime in Ontario, and that breath test refusal can result in serious penalties. Those may include suspension of your driver's licence for a year, a fine, required alcohol counselling and much higher insurance rates. Refusing to provide...
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Amendment makes assault on a TTC driver an ‘aggravating circumstance’

On behalf of Neuberger & Partners LLP posted in violent crimes on Tuesday March 10, 2015.

When a court deems that a criminal offence was committed under "aggravating circumstances," sentencing may be increased. Examples of aggravating circumstances recognized by Canadian courts include the following: Evidence that the defendant abused someone younger than 18 Evidence that there was a relationship of trust or authority between the defendant and the victim Evidence that an assault or other criminal offence was motivated by prejudice or hate Evidence that the...
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Charged with domestic violence? Choose a defence lawyer with knowledge of family court proceedings

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Saturday March 07, 2015.

When a person is charged with domestic assault or criminal harassment, the stakes are high, even if the allegations are false. In these cases, police often have a policy of "arrest first, ask questions later," and people can find themselves unfairly accused or facing charges that simply don't fit the facts. Being accused of domestic violence can also have a serious impact on family court proceedings, as charges of domestic...
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Bill would limit parole chances for certain murder convictions

On behalf of Neuberger & Partners LLP posted in violent crimes on Friday March 06, 2015.

Public Safety Minister Steven Blaney made headlines back in January when he confirmed the prior intimations of Prime Minister Stephen Harper that new legislation designed to all but eliminate parole for certain first-degree murder convictions was forthcoming. It now appears as if the wait will soon be over, as Harper announced at a news conference held in the Toronto area this past Wednesday that legislation will be introduced next week...
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Ontario police engage in questionable practice of publishing defendants’ names

On behalf of Neuberger & Partners LLP posted in Drug Possession on Tuesday March 03, 2015.

Police forces in some parts of Ontario make it a point to publicly associate marijuana charges with accused individuals, even before the cases have been tried. For example, the Almaguin Highlands Ontario Provincial Police send out press releases that list the names of individuals charged with crimes, including possession of small amounts of marijuana. The detachment is thought to be the only one in the area to engage in this...
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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