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The Justice System and COVID-19 – We cannot Lose the Human Element

On behalf of Neuberger & Partners LLP posted in COVID-19 on Friday April 03, 2020.

Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers Access to the legal system and the proper functioning of our courts is an essential public service. Though the courts are not completely shut down during the coronavirus pandemic, case processing has slowed to the point that the backlog will cause significant problems. Former Chief Justice of Canada, Beverley McLachlin, writing for The Lawyer’s Daily, “beseech governments across Canada to...
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Emergency Management and Civil Protection Act – Take it Seriously and Help Stop the Spread of COVID19

On behalf of Neuberger & Partners LLP posted in COVID-19 on Wednesday April 01, 2020.

Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers www.nrlawyers.com The government of Ontario is determined to be very strong in their response to ensuring people social distance and obey orders to remain out of public areas. The Emergency Management and Civil Protection Act (the “Act”) invoked during the pandemic has sever penalties including fines up to $100,000.000 and jail up to one year for disobeying the COVID-19 emergency...
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Quarantine Act Canada – Take it Seriously and Help Stop the Spread of COVID19

On behalf of Neuberger & Partners LLP posted in COVID-19 on Friday March 27, 2020.

Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers www.nrlawyers.com   The Quarantine Act (the “Act”) authorizes Quarantine Officers to implement various control measures to prevent the introduction and spread of communicable disease.  Under the Act, failure to comply can result in arrest, and fees and penalties. In order to prevent the spread of any communicable disease, including COVID19, the Public Health Agency of Canada collaborates with border partners,...
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Closure of All Playgrounds, Skateparks, Tennis Courts and other Public Gathering places to stop the spread of COVID-19

On behalf of Neuberger & Partners LLP posted in COVID-19 on Thursday March 26, 2020.

What you Need to Know Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers   In an effort to enforce physical distancing and curb the spread of Covid19, effective March 25, 2020, all city-owned playgrounds, sports fields, basketball courts, tennis courts, off-leash dog parks, skateboard and BMX parks, picnic areas, outdoor exercise equipment, and other parks amenities, as well as parking lots attached to its parks system are closed...
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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...
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Can You Be Criminally Charged for Spreading Coronavirus?

On behalf of Neuberger & Partners LLP posted in COVID-19, Criminal Defence on Monday March 16, 2020.

What started as an epidemic in China has officially become a worldwide pandemic as of March 11, 2020. The World Health Organization reported the change in category after cases in different continents were reported without direct relation to the origin continent. Citizens and governments everywhere are concerned about containing the virus and preventing its spread. This issue has become so serious that some are wondering if you can be held...
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The Palpable Misinterpretation of the Law of Capacity to Consent

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Monday March 09, 2020.

In 2017, public outrage erupted over the sexual assault acquittal of a Halifax taxi driver after the media headlines denounced the judge for saying “clearly, a drunk can consent.” The Nova Scotia Court of Appeal confirmed that Justice Lenehan was correct in law, though his wording could have been better chosen, but the public continues to believe that the judge was wrong.   When the Nova Scotia Court of Appeal...
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Rooting out Stereotypes about Men in our Legal System

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday February 26, 2020.

While significant changes have been made to address stereotypes about women in our legal system, stereotypes about men continue to proliferate. The concept of “toxic masculinity” has grown in popularity with academics and the media but has no place in a court of law.   In a June 2019 decision, R v Cepic, the Ontario Court of Appeal ordered a retrial after the judge used myths about how men and...
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Capacity to Consent in Sexual Assault Cases

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Tuesday February 25, 2020.

Joseph A. Neuberger Neuberger & Partners LLP With the increase in prosecutions of sexual assault accusations and recent changes to the rules of evidence at trial it is more important than ever to have legal counsel with experience and extensive knowledge in this area of law.   I have defended numerous cases hinging on a complainant’s capacity to consent at the time of the alleged encounter.  Despite common misperceptions about...
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Finally, Some Respect for Charter Rights

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday February 25, 2020.

Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers Toronto Airbnb Hidden Camera Case Demonstrates Once Again That Police Cannot Search a Residence without a Warrant. A person’s action or suspected actions does not give the right to police to search and seize property without a warrant in a residence. This was demonstrated once again in a recent Toronto case in which Airbnb owner, Michael Chow was charged with...
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CONTACT INFORMATION

1392 Eglinton Avenue West
Toronto, ON M6C 2E4
Phone (416) 364-3111
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