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Charges of assault x 2 and one count of assault (choking) were withdrawn before setting the matter down for trial at the Ontario Court of Justice located at Scarborough. The complainant and J.R. were estranged. It was alleged that J.R. got into an argument over child support with the complainant. During the argument, J.R. allegedly punched the complainant in the head and shoulder. When the complainant attended the police station, she recalled prior incidences where on one occasion, she was punched and on another, choked. The complainant also alleged that their toddler daughter witnessed these incidences. Police charged J.R. with two counts of assault and one count of assault- choking. Yuvika Johri of Neuberger & Partners, Toronto Criminal Lawyers, was retained to represent JR against the charge. Yuvika reviewed disclosure and pictures of injuries on the complainant. Yuvika also requested the prior occurrence when the complainant was arrested for assault on J.R. After several discussions with the Crown and a Judicial Pre-Trial, Yuvika established that the complainant had in fact not be truthful about the allegations. The alleged injuries were inconsistent with the evidence and there were prior incidents of abuse by the complainant. It seemed there was a motive to alienate J.R. for the child of the relationship. It was negotiated that all charges would be withdrawn with the client signing a peace bond.
Charges of Domestic Assault x 2 and one count of Forcible Confinement withdrawn with a common law peace bond at the Ontario Court of Justice, Old City Hall Toronto. The complainant was S.P.’s wife who alleged that an argument had taken place between the two during which he assaulted her. When she tried leaving the apartment, S.P. allegedly grabbed her hand and forced her inside the apartment. He then kicked her in the stomach. A witness allegedly heard the commotion and came to assist the complainant. The witness was able to take the complainant to his apartment from where he called 911. To make matters worse, S.P. inadvertently admitted to the police that he tried to stop the complainant from leaving their apartment. Police charged S.P. with two counts of assault and one count of forcible confinement. Joseph Neuberger and Yuvika Johri of Neuberger & Partners, Toronto Criminal Lawyers, were retained to represent S.P. Yuvika reviewed the disclosure and found several weaknesses in the crown’s case. After several Crown and Judicial Pre-Trials, a package was prepared in S.P.’s defence which included letters from an immigration lawyer, regulatory lawyer, upfront therapy reports, and employment letter. Text messages from the complainant were also provided which proved that the complainant had malice and intended to trap S.P. in the criminal justice. Charges were withdrawn with a common law peace bond. A withdrawal was necessary in this case as S.P. is a physician who was a front-line worker throughout the pandemic and was in Canada on a work visa. S.P.’s license to practice medicine was in jeopardy and there was a considerable body of information establishing that S.P. is an excellent and caring physician.
Charges of Assault withdrawn with an 810-peace bond at the Ontario Court of Justice, Brampton. The complainant was a friend who attended a party hosted by the accused. The complainant got into an argument with one of the co-accused over his financial status. The complainant alleged that he was assaulted by the accused and his cousins (co-accused) where he was repeatedly punched and kicked. He also alleged that one of the co-accused grabbed a knife and raised it towards him in a threatening manner. Complainant attended a police station the next morning and made a complaint. G.P. was charged with Assault. Yuvika Johri of Neuberger & Partners, Toronto Criminal Lawyers, was retained to represent G.P. After extensive review of the disclosure, and several meetings with counsel for the co-accused, Yuvika convinced the crown to withdraw all charges against G.P. G.P. was at risk if the charges were not withdrawn as his citizen application was pending.
Charge of Assault withdrawn prior to trial, Brampton. G.S. was charged with one count of Assault arising from a party with his friends. After a period of drinking an altercation between a number of people. The complainant identified a number of individuals who allegedly assaulted him including G.S. G.S. hired Mariya Protsenko of Neuberger & Partners, Criminal Lawyers Toronto, as defence counsel. Mariya requested and received voluminous disclosure including the identification evidence. After careful review of all of the witness evidence, Mariya charted out a series of material inconsistencies which significantly undermined the evidence of the complainant that G.S. was a participant in the altercation. Mariya provided the Crown with an RPC memo outlining the deficiencies in the prosecution case. At the pre-trial with the Crown Attorney Mariya was able to establish serious problems with the case and that it was not in the public interest to prosecute G.S. G.S. entered into a peace bond and the charge of assault was withdraw.
Charges of Sexual Assault and Sexual Interference withdrawn prior to trial. The client was on a dating app and planned to meet someone. The client and the person had been exchanging messages and the subject of money came up. The conversation led to a discussion of sexual services for money but was a bit vague. The client attended and the complainant seemed young, and he left. However, the complainant called police and he was charged. Joseph Neuberger was retained to defend A.A. After receiving the disclosure, Joseph Neuberger charted out the statements of the complainant which demonstrated a number of significant inconsistencies. In addition, disclosure was requested for forensic testing of the bedding as the complainant had alleged sexual acts that would have left DNA. The bedding was seized by police. The testing came back negative for any DNA or biological evidence to support the complainant’s version of events. Further, Joseph Neuberger prepared a memo setting out the deficiencies with the Crown’s case including disclosing several messages and the dating site profile of the complainant noting an age over 20. After several judicial pre-trials, it was agreed that the client would sign a common law peace bond and the Sexual Assault charge, and the Sexual Interference charge were withdrawn.
Z.L. was charged with Domestic Assault against his wife. ZL retained Christopher Assie of Neuberger & Partners LLP to defend himself against these charges. Mr. Assie suggested that ZL do some up-front counselling with a well-respected therapist. ZL agreed and completed the counselling. Mr. Assie analyzed the case and documented the discrepancies between the complainant’s allegations and the observations made by the police. He waited until the counselling was completed and had a favorable report by the therapist before engaging with the prosecutor. Armed with a therapist report and the ability to point out the inconsistencies in the evidence, Mr. Assie was able to convince the prosecutor that it was not in the public interest in prosecuting the matter. ZL agreed to enter into a peace bond without admitting any criminal or civil liability and his criminal charges were withdrawn.
Charges of Sexual Assault x 6, Sexual Interference x 5, Assault x 4, Threaten Death, Invitation to Sexual Touch all withdrawn after the completion of a five-day preliminary hearing, in the Ontario Court of Justice, Toronto. A.H. was charged with various domestic offences including sex assault against his former wife, and stepdaughters and several assault and sexual interference charges as against his biological daughter who he had with the complainant. A.H. is a prominent dentist, and he began a relationship with a patient after she ceased being a patient of his office. The two soon had a religious marriage and had a baby daughter. The two blended their families but after about a year and half the relationship started to sour over financial issues. While returning from a trip to Iran, A.H. ended the relationship with the complainant due to his perceived harm by the complainant as to her manipulation about money and theft of funds. The couple had arguments over WhatsApp for a few days and then when A.H. told the complainant to move to her own residence and that he would not pay for her residence, the complainant attended the police station and multiple offences were alleged. Joseph Neuberger was retained as the criminal defence lawyer. After obtaining the various statements and messages provided by the complainant to the Crown, Joseph Neuberger set the matter down for a preliminary hearing where the Crown agreed to call all of the complainants to testify save for the youngest child. Joseph Neuberger and Diana Davison, legal researcher with the firm, developed a detailed and strong 276/278 Application to have the Court allow into evidence hundreds of messages not disclosed by the complainant, as well as pictures, cards and other documents that the defence sought to undermine the evidence of the complainants. The Application was successful. At the preliminary hearing, Joseph Neuberger cross-examined the former wife and her two daughters extensively. The testimony became hostile, and it became evident due to the design of the cross-examination that all three complainants colluded. At the end of cross-examination, an adjournment was sought by the Crown and then after lengthy review of the transcripts of the preliminary hearing the Crown withdrew all of the domestic abuse charges, sexual interference and sexual assault charges. It was a complete vindication for A.H.
The client was charged with Domestic Assault out of the Scarborough courthouse. She and her boyfriend had a flight during which her boyfriend made some video recordings. The boyfriend called 911 and advised that he was being pushed, pulled and restrained by A.F. Police attended and charged A.F. Originally the Crown Attorney sought a conviction and jail. A.F. retained Mariya Protsenko of Neuberger & Partners LLP, Toronto Criminal Defence Lawyers. After receiving disclosure, there were a number of issues related to the veracity of the complainant’s evidence. A.F. had sustained some injury. Ms. Protsenko arranged for some counseling as the couple clearly had issues dealing with stressful events in their relationship. Once completed, Ms. Protsenko conducted a pre-trial with the Crown Attorney, provided the counseling report and after discussions about the issues with evidence of the complainant, the charge of Assault was withdrawn.
Charges of Domestic Assault x 4, withdrawn on the first appearance. R.K. retained Joseph Neuberger as his criminal defence lawyer. The charges stem from alleged assaults dating back to 2010. The two parties separated and had a long divorce process. About 12 years later, which there were other issues surrounding the children, the complainant decided to go to police and alleged historical abuse allegations. Joseph Neuberger prepared a package of materials for the Crown to assess, including a fairly lengthy family court trial decision, as well as other source material showing not only motive to fabricate about animus. Discussions ensued between defence and the Crown, and it was decided that all charges be withdrawn for no reasonable prospect of conviction.
WP was charged with sexual assault against his former long-term girlfriend. WP and the complainant dated for five years. WP tried to break off the relationship several times, though he still cared for her deeply. After the final breakup, the complainant left WP a concerning voicemail. WP was so troubled by the message that he went to her home to check on her wellbeing. She let him into her home and he proceeded to comfort her. One thing led to another and WP succumbed to temptation and they had sex. WP immediately realized that he had made a mistake. The next day they talked again and he apologized for giving her mixed messages. He reiterated that he still cared for her but that they just could not be in a relationship together. She pleaded with him to get back together, but he stood his ground. Two weeks later she went to the police and alleged that WP came to her house and anally raped her while her son was outside the bedroom door.
WP retained Christopher Assie of Neuberger & Partners LLP, Toronto Criminal Lawyers, to defend himself against these serious charges. WP had all their text messages from the last few years. The first task was for Mr. Assie was argue a 276?278 Application to be permitted to introduce the text messages to undermine the allegations of the complainant. This motion was complex and Diana Davison assisted with the drafting of the Application. After careful and detailed argument, the Application was granted. The text messages were devastating to the complainant’s credibility. With a skillful cross-examination, the complainant’s account of what transpired quickly melted away. The judge had no difficulty acquitting WP and stated in his judgment, “That having been said, the very real possibility – bordering on a probability – does exist that once [the complainant] realized that WP had used her that day, she decided to leverage the Criminal Justice System to ‘punish’ him for what he had done. That interpretation is supported by the manner in which [the complainant] responded to simple questions put to her that ought to have yielded simple and forthright answers. Answers – when they finally did arrive – took the form of protracted responses that consistently reflected the hurt and anger that [the complainant] had been experiencing right up to and including the time of her cross-examination.”
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.
