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Rex v. A.K. (2023)

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Charges of Assault (x2), Assault (Choking), Theft Under, Fail to Comply (x2) withdrawn before trial, Milton. A.K. was accused of serious domestic assault charges involving his wife. The matter originally came to the attention of the police when they received a call to attend at the matrimonial home for a dispute involving the complainant and her sister-in-law, neither of whom spoke English very well and were recent immigrants to Canada. As a result of some serious language barriers and communication issues, A.K. ended up being charged by the police, instead of the sister-in-law. To make matters worse, both A.K. and his wife had been experiencing considerable stress in the marriage due to COVID lockdowns and the ongoing challenges of the Pandemic. Somehow, the true nature of the allegations was lost in translation and A.K. was charged. He subsequently retained Michael Bury of Neuberger & Partners LLP, Toronto Criminal Lawyers, to represent him. After a considerable review of the marital history and stressors caused by COVID, it became clear that the couple could benefit from counselling and therapy for their relationship. Michael Bury put in place a counselling plan and arranged for the involvement of therapists to address any future concerns the Crown might have regarding the marriage. Additionally, a lengthy report was prepared by another law firm which provided independent legal advice to the complainant and confirmed that she in fact did wish to resume her relationship with A.K. who was prohibited from seeing her due to his bail conditions. Initially, the Crown would not consider withdrawing the charges and trial dates were set. However, after all the upfront therapy work was completed and the independent legal advice report forwarded, the Crown agreed to reconsider the matter and meet with the complainant. Following that meeting, the charges were finally withdrawn. Not only was the couple immediately reunited, A.K. had one less concern as the matter had been reported to his professional college as a potential disciplinary matter which could have had serious impact on his license to practice.

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