Criminal accusation will inform defence approach

Criminal accusation will inform defence approach

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday January 06, 2016.

When someone is accused of committing a crime, most want to find a way to secure the most positive outcome possible. Because there is often a lot for an accused to lose and these matters are complicated, it is generally advisable to seek assistance from a criminal defence lawyer in determining the best course of action. It may involve mounting an aggressive defense at trial. Because no two cases are alike, the defence offered will vary depending on the specific circumstances.

A man accused of sexual assault recently offered an interesting defence to the allegations.


The dermatologist, who among other things, is accused of rubbing his private parts against two women in the course of examinations, asserted the small size of his manhood, combined with his oversized belly, would make that action impossible. To support this, the 63-year-old man, offered evidence from an urologist.

The man also faces allegations from a third woman, that during her visit, he fondled her breasts.

Someone accused of engaging in a criminal activity could face more than criminal charges. Their job could be impacted as well. In this case the man’s medical certificate was suspended by the College of Physicians and Surgeons of Ontario, and depending on the outcome of a disciplinary hearing, it could be revoked. Because this is a different proceeding from the criminal one, even if he is found innocent in a court of law, he may be unable to work if the College of Physicians and Surgeons of Ontario finds that he engaged in improper conduct.

As this case illustrates, the impact of a criminal allegation can be far-reaching. This makes it that much more important to contact a criminal defence lawyer in a timely manner to create a response and tailored defence to the accusations.


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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