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Regina v. M.W. (2009)

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Charge of criminal harassment withdrawn in the Ontario Court of Justice. The client was charged by his former wife with allegedly making harassing phone calls and continuing to attend her place of employment. All of the calls were recorded by the complainant. Defence counsel Joseph Neuberger carefully transcribed and reviewed in detail each call. In addition, Mr. Neuberger obtained all family court documents, including the Affidavits of the complainant. Mr. Neuberger provided the Crown with a detailed analysis of the calls and the statement of the complainant with reference to the Family Court proceedings and Affidavits. As a result, the defence was able to establish that the client’s calls were in response to provocative and aggressive actions taken by the complainant, and as such the Crown agreed that there was no crime committed. Accordingly, the charge was withdrawn. The Crown commended Mr. Neuberger for his usual thorough analysis of the case, resulting in the withdrawal.

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