← More Recent Successes success stories

Assault with a Weapon (x2), Assault, Mischief Under, Theft Under Dismissed following three date trial in the Ontario Court of Justice, Toronto. B.H. was charged with multiple counts arising from the breakdown of a common law relationship. The Complainant claimed that the Accused assaulted him with a phone charging cable and cardboard box during the course of moving out shortly after it was confirmed that he had been unfaithful and planning to move in with another woman. The Complainant also claimed that B.H. had damaged his personal property, a laptop, and stole a significant quantity of his clothing prior to the move out. There were no independent witnesses to the allegations. All the offences were alleged to have taken place in the Accused’s apartment where the Complainant had also been residing. Prior to trial, the complainant commenced Small Claims Court proceedings against the Accused in relation to the allegedly damaged and stolen property as well as a claim for personal damages. As part of this process, the Complainant served an “Offer to Settle” on B.H. which consisted of harassing allegations which bordered on extortion. B.H. retained Michael Bury of Neuberger & Partners LLP, Toronto Criminal Lawyers, to represent her. Following a contested trial which included an extensive cross-examination of the Complainant on issues including his antagonistic Offer to Settle, the trial judge found B.H. not guilty on the basis that the Crown had not proven its case beyond a reasonable doubt, especially given the complainant’s credibility issues and hostility towards B.H..