← More Recent Successes success stories

Charge of domestic assault withdrawn prior to trial in the Ontario Court of Justice. The complainant alleged an assault just prior to the commencement of a family court motion in which the accused, T.G., sought custody and access to their son. Defence counsel Joseph Neuberger was able to obtain information related to charges that the complainant was facing along with a large volume of family court documents that demonstrated several material inconsistencies in the complainant’s story. In addition, the case took 16 months to come to trial. As a result, a defence application motion was filed by Mr. Neuberger to stay the proceedings for delay contrary to section 11(b) of the Charter, which protects the right to a trial within a reasonable time. In light of the strong defence application for a stay and the inconsistencies in the complainant’s evidence, the charge was withdrawn.