Archive for September, 2015

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Archive for September, 2015

Crown may drop criminal charges prior to trial

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday September 30, 2015.

As we have mentioned in previous posts, being charged with a crime is not the same as being convicted. There are multiple things that could happen in the process that could result in a positive outcome for an accused. In some cases it is possible that the charges could even be dropped. A young Toronto area woman accused of criminal harassment recently learned that firsthand. The 23 year old was...
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Evidence can make or break a criminal case

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Friday September 25, 2015.

When it comes to criminal accusations, evidence plays an important role in both making a case as well as defending against charges. Because of this there are certain rules in regard to evidence that need to be followed by both the Crown and the accused. According to one man accused of breaching bail conditions, Crown prosecutors are in possession of evidence that illustrates his innocence. Law enforcement arrested the man after...
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Not all drunk driving consequences are criminal

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Wednesday September 23, 2015.

Most residents of Ontario are likely aware that under some circumstances, if they are convicted of drunk driving they could end up spending time in jail. They may not be aware that there are other ways that drunk driving could impact their lives as well. Some of these consequences arise without a conviction, and possibly even without a criminal charge. For example, it is possible that someone in Ontario whose...
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Those behind Ashley Madison hack could face criminal charges

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Friday September 18, 2015.

By now most people have likely heard about the hack of the dating website for married people. The hack of Ashley Madison, the Canadian-based company, has resulted in the release of personal information of tens of millions of customers. In addition to credit card data, their names were released to the public. The release has undoubtedly caused many of the people signed up for the service to scramble to determine...
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Update on Toronto police body camera pilot

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday September 16, 2015.

Last spring we wrote a post regarding a body camera pilot taking place in Toronto that is slated to continue until June 2016. In that post we outlined both the reasons people support and oppose the practice. Some believe the use of the cameras is a good way to record how law enforcement officers conduct themselves in the course of doing their job. Those opposed cite privacy issues as a reason. Now,...
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Planted evidence does not provide pretext needed for search

On behalf of Neuberger & Partners LLP posted in Uncategorized on Friday September 11, 2015.

When someone is suspected of engaging in an illegal activity, there are certain things that Toronto law enforcement officers can do to determine whether that is in fact what is going on. Under certain circumstances an officer can perform a search of a house or vehicle to get more information. To take this course of action there must be a pretext for that search. If there is not pretext, a search...
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Investigation following criminal charge could lead to dismissal

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday September 09, 2015.

Sexual assault charges should of course be taken seriously. When they are pursued by the Crown it is possible that the accused could be found guilty and face harsh penalties. Ideally, a defense will begin to be crafted during the investigation phase before charges have been levelled. This means someone facing a charge should contact a lawyer as soon as he or she believes that they are under investigation. Though stressful,...
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Domestic violence call leads to additional criminal charges

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Friday September 04, 2015.

Authorities in the Toronto area take allegations of domestic violence very seriously. Accordingly, when an individual reports an incident of this nature to law enforcement, in many cases, someone involved in the incident will be arrested. While domestic violence charges alone can be problematic to the accused individual, in some situations they can lead to additional charges. Last month two Ontario men found themselves in this situation. The men were...
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Would interlock devices on all cars reduce drunk driving arrests?

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Wednesday September 02, 2015.

In our last post we wrote about the state of drunk driving arrests in the province and more specifically, in Toronto. Though overall, the number of charges for this crime is down, they are up in the Toronto area. A high number of drunk driving arrests translates into a heavy court load. Last year, of the cases tried in provincial court, 6 percent— or 13,000—were impaired-driving cases. One judge with the...
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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