Archive for December, 2015

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Archive for December, 2015

Bill Cosby and US Statute of Limitations

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Thursday December 31, 2015.

Bill Cosby was recently charged in Pennsylvania with aggravated indecent sexual assault. During numerous radio commentaries I have been asked about the concept of limitation periods. Each US State has limitation periods. This can be viewed as a bar to a victim's voice for an offence she or he could not report due to social stigma, embarrassment or emotional trauma. In Canada there are no time limitations. I have defended...
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Feedback provided to proposed carding rule

On behalf of Neuberger & Partners LLP posted in Uncategorized on Wednesday December 23, 2015.

In previous posts we have written about changes activists have sought related to law enforcement's practice of carding, in Toronto. In response, this past fall a draft regulation which is supposed to prohibit the arbitrary and random collection of identifying information by law enforcement officer, was released by Ontario's Ministry of Community Safety and Correctional Services. While their efforts were successful, some are concerned about how police officers would be able to...
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Ruling makes it harder to obtain breathalyser reports

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Monday December 21, 2015.

When someone is charged with drunk driving it is in the best interest of the accused to take steps to defend themselves from the charges. There are multiple approaches to accomplish this that may be taken. One of them is to challenge the breathalyser reports. Recently Ontario’s high court made a ruling regarding obtaining the records. The ruling will make it harder for people seeking the records related to the breathalyser...
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Defences to murder charge vary depending on circumstances

On behalf of Neuberger & Partners LLP posted in violent crimes on Thursday December 17, 2015.

There is no question that being accused of taking the life of another person is a serious offence. The penalties associated with a conviction for this crime could lead to the loss of liberty for the accused. People who find they are facing these charges will not automatically be convicted of the crime. A trial will be conducted during which, a defence to the charges may be offered. Depending on...
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Diversion program available to some youth in Toronto

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Friday December 11, 2015.

Residents of the Toronto Greater Area who have teenagers are well aware that they do not always make the best choices. Sometimes their decisions could result in minor mishaps. Other times however, they could lead to criminal charges. The consequences tied to a conviction could dramatically impact—even ruin— their young lives, all because of a stupid mistake. Recognizing this approach could do more harm than good, the city of Toronto...
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Sexual assault charges can come years after alleged incident

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Friday December 04, 2015.

In a recent post we wrote about a man who faced a charge of murder, decades after allegedly committing the act. In that post we indicated there is not a statute of limitations when it comes to murder. This is not the case with all other crimes. While the period of time in which charges may be brought related to other crimes is not unlimited, many years can pass and...
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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