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Charges of Sexual Assault x 2 stayed prior to trial in the Ontario Court of Justice. S.G. was at the end of his marriage with the complainant. The complainant had discovered that S.G. had already commenced a relationship with another person. S.G. was charged about a week later after the complainant discovered the new relationship. The allegations of sexual assault were historical. Joseph Neuberger was retained as the Criminal Defence Lawyer. The disclosure process was very problematic. Further, Joseph Neuberger referred S.G. to a family lawyer and assisted with the settlement of the family law case. During the pre-trials, the defence was able to produce evidence that the complainant had a made a revenge allegation. After the settlement of the family law case, the complainant did not want to continue with the criminal allegation. Ultimately the charges were stayed prior to trial due to a number of deficiencies with the Crown’s case.
Charges of Assault with a Weapon withdrawn at Scarborough Courthouse. NM was walking with a friend near her apartment complex when the Complainant drove past them. The Complainant alleged that NM blocked the Complainant’s car by standing in front of it. She also alleged that NM sprayed the Complainant with pepper spray when she confronted her about blocking her car. Yuvika Johri of Neuberger & Partners LLP, Criminal Lawyers Toronto, was retained to represent NM against the charges. After reviewing disclosure, Yuvika had an extensive discussion with the crown. Yuvika provided defence materials along with a letter from NM’s friend who witnessed the incident. Yuvika established that it was in fact the Complainant who drove towards NM to hit her with the car and when confronted about it, made false allegations about being attacked with a pepper spray. She also established that there was no pepper spray used in this incident, and that the Complainant was lying because NM shared a child with the Complainant’s boyfriend and had past issues with NM. Charges against NM were withdrawn by way of a peace bond.
Charge of Domestic Assault and Choaking withdrawn prior to setting trial date, Halton Region. M.C. was in a separation with his wife. The two had numerous arguments about the divorce and as so commonly occurs, M.C. was charged by the complainant with historical allegations of Assault and Choaking. Joseph Neuberger was retained as the Criminal Defence Lawyer. After receiving and reviewing the disclosure, Joseph Neuberger obtained extensive mental health records dating back to the time period of the alleged assaults. The complainant retained counsel. Joseph Neuberger spoke with the lawyer for the complainant, and it was revealed that the allegations, although in retaliation for her displeasure with the financial settlement offered in the divorce, were also a product of a delusional belief system. M.C. had said that unfortunately his wife, the complainant, was not well for over 10 years, and it appeared that operative mental health issues were a factor in making false accusations. Joseph Neuberger approached the Crown with a letter from the lawyer for the complainant and defence disclosure of the medical records. It was agreed that there was no reasonable prospect of conviction and the charges were withdrawn.
Charges of Breach of Recognizance and Assault Resist Arrest withdrawn at early stages of proceedings. J.B. had been on a peace bond and unfortunately suffered from mental health issues and comorbid substance use disorders. J.B. had consumed alcohol that caused a relapse and police had arrested J.B. and charged him with Breach and Assault. Joseph Neuberger was retained as the criminal defence lawyer and immediately obtain all related medical records, obtained an updated report from the physician and wrote the Crown that J.B. had tried endlessly to attach to a mental health social worker and community based psychiatrist during the pandemic but could not get any assistance. As a result, J.B. had been isolated and but for this one event, was doing extremely well managing his medication and sobriety without little supports. As such, the Crown immediately withdrew the charges.
Charges of Domestic Assault x 2 withdrawn prior to setting a trial date. JC and the Complainant were celebrating new years eve at JC’s residence when an argument started between the two. According to JC, the Complainant spoke ill of his sister due to which JC asked the Complainant to leave. The Complainant attempted to leave with an expensive bottle of vodka due to which the argument heated further, and JC called 911 to remove the Complainant from his residence. Upon police’s arrival, the Complainant alleged that JC punched him three times on his face. JC was arrested and taken to the police station. Yuvika Johri of Neuberger & Partners LLP, Criminal Lawyers Toronto, was retained by JC to represent him against the charges. Yuvika reviewed the disclosure and convinced the crown to resolve this matter by way of a peace bond as the Complainant had mislead JC into having unprotected sex with him without disclosing that he was HIV positive. Yuvika reasoned that the Complainant should have been charged with aggravated assault instead. The assault charge against JC was withdrawn, and client entered a peace bond.
Charges of Human Trafficking, Financial or Material Benefit from Trafficking Persons, Fraud over $5,000.00, Assault, and Utter Threats, all withdrawn prior to preliminary hearing. M.K. had allegedly brought into Canada a domestic caregiver for financial gain, and exploited the worker along with other related allegations. The evidence was not the usual or typical case of this kind. Joseph Neuberger and Yuvika Johri were retained as the criminal defence lawyers to represent M.K. An extensive defence investigation was undertaken after review of the Crown evidence. A voluminous package of materials were assembled along with a 25 page letter to the Crown outlining the defence evidence and establishing the fabrication of evidence, intentional misrepresentation of financial transactions, and legitimate legal means to bring the complainant into the country who had her own agenda as to what she wanted to do in Canada. Lega analysis was provided as well as to “exercise of control” and “benefit” that undermined the complainant’s narrative. After numerous pre-trials, a resolution was reached where withheld salary was paid to the complainant (which was appropriate), and the charges were withdrawn.
Charge of Assault withdrawn prior to setting a trial date. The Complainant and KA used to drink alcohol daily. During one night of heavy drinking, KA and the Complainant engaged in a heated argument. The Complainant alleged that KA was suspicious that she was talking to another man, so she called 911 to end their verbal dispute. When the police arrived, she claimed that KA had assaulted her on a prior occasion. She also claimed that she had disclosed this prior incident to her sister via text, so she was sure that KA caused it. KA was charged with assault. Yuvika Johri of Neuberger & Partners LLP, Criminal Lawyers Toronto, was retained to represent JC against his assault charge. Yuvika reviewed the Complainant’s video statement which showed that the Complainant was heavily intoxicated and could not provide a coherent statement. During the crown pre-trial, Yuvika established that the complainant was not being truthful as she never provided screenshots of her conversation with her sister to the police. Yuvika also reasoned that the Complainant may have hurt herself due to her own intoxication and blamed KA as she was angry with him. Assault charge against KA was withdrawn, and KA entered a peace bond at the Ontario Court of Justice, Brampton.
Client found not guilty of Sexual Assault after five day judge alone trial by Zoom, in the Superior Court, Toronto. D.J. was accused by his wife’s sister of sexually assaulting her when she had been staying at the apartment of D.J. and his wife. The complainant moved in with D.J. and his wife due to her financial circumstances. About a week or so after moving in, she alleged that D.J. had entered her room around 2:00 a.m. and sexually assaulted her. She allegedly disclosed the allegation about a week later to D.J.’s wife and then did not go to the police until about one month later after her tires were slashed. Joseph Neuberger was retained as his criminal defence lawyer Toronto. The disclosure consisted of a statement from the complainant and another sister of the complainant R.B. There was no physical evidence to support the allegations and the complainant had two dogs staying with her in her room at the apartment that D.J. was supposed to have removed without causing any noise prior to the sexual assault. There was a history between the complainant and D.J. as to a prior sexual relationship that was relevant to the defence narrative and why the complainant stated certain things about the alleged sexual assault and defence evidence that the complainant actually divulged the affair as opposed to a sexual assault to D.J.’s wife. All of this background information was highly relevant to issues of credibility and the defence narrative. As such, at trial Joseph Neuberger, brought a prior sexual history application under section 276/278 of the Criminal Code which was successful. At trial cross-examination of the complainant was lengthy detailed and confrontational yielding credibility issues but also intentional twisting of evidence particularly in relation to evidence of R.B.. In fact, in cross examination of the complainant criminal defence lawyer Joseph Neuberger alleged that she only told her sister of the details of the alleged sexual assault on the day she called police. The complainant stated that in fact she told her sister R.B. a month prior. The defence called R.B. and the evidence established that she was only told about the allegations on the date police was called about one month after the alleged assault. This was significant in a series of events yielding a motive to fabricate the allegation. D.J. was prepared for testimony and at trial proved to be a reliable witness. As such, the trial judge found D.J. not guilty of sexual assault.
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Charges of Assault and Mischief Under $5,000.00 withdrawn prior to setting trial date, Newmarket. The client was in a dispute with a business partner where significant funds were lost and D.W. was never informed of the sale of assets and the loss. The client lost him mind and pushed the complainant and smashed his car window. Joseph Neuberger was retained as criminal lawyer to defend the case. Joseph Neuberger disclosed the financial transaction details and correspondence which essentially amounted to a fraud. A negotiated resolution was worked out where the client took 10 hours of therapy for conflict management, and paid for the damage to the window. The charges were then withdrawn.
Charge of Domestic Assault and Failure to Comply was withdrawn after extensive pre-trial negotiations with the Crown. The Complainant and BS were in a relationship for a short duration. An argument erupted between them both one day and the Complainant alleged that BS forcibly tried to restrain the Complainant in his car. Police were notified and upon meeting her, the complainant alleged that BSM grabbed her wrist and prevented her from leaving her workplace. Christopher Assie and Yuvika Johri of Neuberger & Partners LLP were retained by BSM as his criminal defence lawyers. After extensive review of disclosure and negotiations with Crown, the Crown agreed to a peace bond after successful competition of community service and anger management counselling.
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.