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Charges of Falsify and Furnish False Information contrary to the Motor Vehicle Dealers Act against S.H. stayed due to unreasonable delay pursuant to Section 11(b) of the Canadian Charter of Rights and Freedoms in the Ontario Court of Justice, Toronto. S.H. was charged with multiples counts involving vehicle dealer fraud allegations under the Motor Vehicles Dealers Act. The charges carried serious fines and employment repercussions upon findings of guilt. The matter had a lengthy history of delay with a significant portion of delay attributable to the prosecution. Michael Bury spent considerable time assessing the delay and conducting recent caselaw research to determine the prospects of making a successful stay application argument before the scheduled trial date. The stay application was argued in advance of trial and after hearing from both Michael Bury and the prosecution, the Justice of the Peace agreed that S.H.’s right to a trial within a reasonable time had been violated and ordered the charges stayed for this reason. The trial dates, as a result, were vacated and S.H. was able to move forward with her career.
G.D. was charged under the Dog Owner Liability Act because of a tragic incident in which the family dog escaped from the back yard and attacked a pedestrian. Despite the fact there was a lawsuit in which the victim would receive financial compensation for the negligent act, the Prosecutor was seeking 5 days jail and a two-year probationary ban from owning an animal. Ms. Condello took over the file from another counsel and was able to have the matter resolve through up front work including training of the dog in question, owner training and other restorative acts.
