Archive for October, 2019

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Archive for October, 2019

Attack on the Rules of Evidence in Sexual Assault Cases.

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Monday October 28, 2019.

Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers The justice system depends upon public faith to give it legitimacy and that faith must remain intact for both the complainants of crime and the accused. Not only should complainants expect to have their grievances properly heard, an accused must have access to a fair and impartial hearing with procedural and evidentiary protections to ensure a fair trial. In recent...
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Important Strategy to Deal with the Loss of the Preliminary Hearing

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Monday October 21, 2019.

By Joseph Neuberger Neuberger & Partners Criminal Defence Lawyers Preliminary hearings have played an important role in the justice system ever since the Criminal Code of Canada was introduced in 1892. As a result of these hearings, many cases have been granted “stays” of proceedings – meaning that they did not proceed to trial, or charges withdrawn as the Crown often re-assesses reasonable prospect of conviction.  The Crown always has...
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Death of Picking an Impartial Jury

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Thursday October 10, 2019.

Joseph Neuberger, Neuberger & Partners LLP Criminal Defence Lawyers As an adjunct to a previous short piece I penned on Bill C-75, I believe it is important to note another significant blow to our rights in Canada. Among many changes brought in under Bill C-75, the Liberal government also struck a direct blow to the right on an accused person to pick an impartial jury in a criminal trial. In...
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Death of Due Process and Limits to Full Answer and Defence

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday October 09, 2019.

Joseph Neuberger, Neuberger & Partners LLP Criminal Defence Lawyers   Effective September 19, 2019, the Liberal government struck a blow to due process in the name of political correctness.  Recent amendments to the Criminal Code as amended by Bill C-75 have eliminated preliminary hearings for any offence with a maximum penalty under 14 years of imprisonment.  The government professed that this was to modernize the criminal justice system and to...
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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