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J.W. was charged with six counts of Assault, two counts of Assault with a Weapon, Utter Threat and Mischief Under $5,000 out of the Toronto courthouse. J.W. and his wife were planning to purchase a house. J.W.’s family transferred J.W. and his wife a large sum of money for the purchase of the house. Money was deposited into the shared bank account. However, the relationship between J.W. and his wife started to deteriorate. On the day of the arrest, J.W. noticed that money for the house purchase was transferred from their shared account into the wife’s personal account. J.W. confronted his wife about it. The two started to argue and the argument became heated. J.W. allegedly threatened his wife to kill her if she doesn’t return money. It was also alleged that he would choke her. The wife called 911 and provided a statement to the police. She recalled alleged historic assaults that involved pushing, hitting, using objects to threaten her and destroying her property by J.W. J.W. retained Mariya of Neuberger & Partners Criminal Lawyers Toronto. Mariya gathered all the financial documents from J.W. She also reviewed the disclosure in detail. During a pre-trial with the assigned Crown Attorney, she convinced the Crown Attorney that there was no reasonable prospect of conviction. All the charges against J.W. were withdrawn.
Charges of Domestic Assault, and Utter Death Threats x 3 withdrawn after extensive pre-trials, Toronto. B.C. and the complainant were in a relationship while attending university. The two had at times an unhealthy dynamic and after months of arguments and copious amounts of messages exchanged, the complainant attended campus police and then gave a statement to police resulting in his arrest. Joseph Neuberger and Grace Condello were retained to defend the charges. The complainant in her statement laid out a narrative of B.C. being aggressive, threatening and essentially dominating in the relationship. We were able to extract from B.C.’s phone a massive volume of messages between he and the complainant. The dynamic was completely different. Joseph Neuberger prepared a chart and memo to the Crown laying out the chronology of messages and how they undermined the complainant’s narrative. After multiple pre-trials, the charges of Assault and Utter Threats were withdrawn.
P.A. was charged with Assault, Forcible Confinement, and Utter Threats. P.A. was involved in a verbal argument with her boyfriend that escalated to a physical confrontation. Despite P.A. locking herself in her room, the complainant called police. P.A. retained Grace Condello who arranged a pre-trial with the assigned Crown early in the process. At the pre-trial it was discussed that the boyfriend initiated the argument by name-calling P.A. Ms. Condello and the Crown agreed that it was not in the public interest to prosecute. The charges were withdrawn prior to the first court date.
M.F. was charged with Domestic Assault, and Mischief cause damage to property. M.F. was involved in a verbal argument with the complainant that escalated to police being called. The complainant called the police a second time and advised police that M.F. caused damage to his property and assaulted him. MF retained Joseph Neuberger and Grace Condello who bought an Application under section 502(2) of the Criminal Code of Canada to vary her release order as she was nine months pregnant and under extreme stress. The date was scheduled and disclosure was quickly obtained. Two pre-trials occurred. The Crown conceded the Application had merit and agreed that the charges should be withdrawn. All charges were withdrawn prior to the first court date and prior to the complainant having to attend for pictures and prints.
Charges of Assault, Forcible Confinement, and Utter Threats withdrawn prior to setting trial dates.
P.A. was involved in a verbal argument with her boyfriend that escalated to a physical confrontation. Despite PA locking herself in her room, the complainant called police and P.A. was charged. P.A. retained Grace Condello of Neuberger & Partners LLP, Criminal Lawyers Toronto, to defend the charges. The disclosure clearly noted that P.A. sought safety in the bathroom after an argument initiated by her boyfriend. Grace Condello booked an in-person pre-trial with the assigned Crown well prior to the first court appearance. During the pre-trial background information was provided, along with character letters. There was discussion about the disclosure and that the boyfriend not only initiated the argument by name-calling P.A. but was physically imposing and threatening. Ms. Condello and the Crown agreed that it was not in the public interest to prosecute. The charges were withdrawn prior to the first court date.
Charge of Domestic Assault withdrawn in the Ontario Court of Justice, Barrie prior to setting trial dates. R.B. and his wife were in an argument over a minor matter. However, it escalated and the complainant called police alleging a significant assault with multiple punches. Joseph Neuberger and Grace Condello were retained to defence the case. The disclosure did not establish evidence consistent with the alleged seriousness and force of the assault. At a pre-trial, discussions surrounded the couple’s unhealthy coping techniques to martial disagreements. R.B. voluntarily attended 21 sessions of therapy directed at conflict management in an intimate partner relationship. The complainant took remedial steps as well. She in fact retained a criminal lawyer of her own to communicate her own conduct and desire to have the charge withdrawn. Ultimately, meaningful steps were taken by all concerned to address the dynamic and the Crown withdrew the domestic assault charge.
Charges of Mischief Under and Utter Death Threats withdrawn without setting trial dates. N.V. got into a road rage argument with another party and during the course of the altercation, may have made some unfortunate comments and broke a window. N.V. was coming to the aid of an elderly woman who the complainant had an inappropriate exchange with. Joseph Neuberger and Grace Condello of Neuberger & Partners LLP, were retained to defend N.V. A plan was implemented for conflict management therapy, restitution and evidence of community service. The assigned Crown was very pleasant and agreed it was not in the public interest to prosecute. Thus, after a successful course of therapy, community service and restitution, the charges of Utter Threat and Mischief to Property were withdrawn and the client signed a common law peace bond.
Client acquitted of assault causing bodily harm and sex assault following a two-day trial at the Ontario Court of Justice, St. Catharines. The complainant alleged non-consensual cutting during a BDSM show-and-tell. The accused testified that the cutting was consensual. Mr. Whitfield argued successfully at a pretrial motion for the admission of text messages sent unsolicited from the Complainant to the accused praising the time she spent with him and requesting further BDSM activities. Defence submissions focused on significant inconsistencies in the Complainant’s evidence and on the accused’s believable and largely unchallenged testimony. The judge believed the accused’s version of events and acquitted him on the spot.
Appeal granted at the London Superior Court of Justice for Ontario. The appellant was convicted of one count of uttering threats and two counts of domestic assault against the Complainant, his ex-wife, despite significant inconsistencies in her evidence. Those inconsistencies concerned the frequency and nature of the alleged abuse; the trial judge dismissed them as the expected result of filtering mechanisms inherent in criminal legal proceedings. Mr. Whitfield argued successfully on appeal that such a manner of resolution was unknown to law, unsupported by the trial record, and contrary to the integrity of the legal profession and the police. The appellate judge granted the appeal and a new trial has been ordered.
Charges of Sexual Assault and Forcible Confinement withdrawn prior to setting trial dates, Toronto. F.C. was in a casual relationship with the complainant for over a year. One night while at the Royal York Hotel, the two became embroiled in an argument after having spent the night together. F.C. did not want to assist the complainant with a business endeavour and the two parted unfavourably. A week later, F.C. was contacted by police and it was alleged that he did not stop sexual intercourse when the complainant had asked. The complainant alleged some BDSM sexual play that she did not consent to. As such, F.C. was charged with Sex Assault and Forcible Confinement. Joseph Neuberger of Neuberger & Partners LLP was retained. Joseph Neuberger obtained copies of an extensive record of messages between the complainant and F.C. that provided a very detailed outline of the relationship including communications after the night of the alleged sexual assault. It became clear from the messages that the complainant was upset about the rebuke about financial assistance. Further defence investigative steps were taken and the complainant continued to email F.C. with many of the messages giving concerns as to her mental health, reliability, and motive to fabricate. After reviewing the disclosure and the statement of the complainant, Joseph Neuberger prepared a memo to the Crown setting out source material and a breakdown of the case as to why there was no reasonable prospect of conviction. After multiple pre-trials and a judicial pre-trial, it was agreed that F.C. would sign a common law peace bond and the charges would be withdrawn.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
