Criminal and White Collar Crime

Date

October 2001

Jury instruction on mixed statements dangerous and should no longer be used, but did not amount to a misdirection requiring a new trial

Canada Elections Act prohibition on premature transmission of election results is constitutional as a reasonable limit on free expression under s. 2(b) of the Charter

  • R. v. Responsible Firearms Coalition, unreported reasons for sentence, October 25, 2004

Sentencing for conviction for offence against third party spending provisions of the Canada Elections Act

Jurisdiction on Crown appeals

Assertion of inadequate state funding necessary to satisfy s. 7 Charter right to make full answer and defence; appeal allowed and stay of trial proceedings set aside

Action for fraud and breach of trust against a contractor for fraudulent overbilling in the construction of an office tower; production of documents ordered in aid of tracing

"Rowbotham" application for stay of proceedings based on inadequate state funding necessary to satisfy s. 7 Charter right to make full answer and defence dismissed

Sentencing for conviction of offence of premature transmission of election results, contrary to Canada Elections Act

Four Crown appeals of acquittals of first degree murder allowed on the basis of a reasonable apprehension of bias arising from improper relationship between a juror and an accused during the currency of a joint murder trial

Principal of a massage parlour business acquitted of keeping a common bawdy house

Former juror held to be a competent but not compellable witness to give fresh evidence before the Court of Appeal on Crown appeal of acquittals of first degree murder

Application for publication ban over fresh evidence to be adduced before a single justice of the Court of Appeal

Trial decision dismissing action for fraud and constructive trust against institutional lender affirmed on appeal

  • Counsel in an action for recovery of millions of dollars in secret commissions from defendants in Canada and the U.S.

  • Counsel for a society in successfully resisting charges being laid in a high profile commercial crime investigation; counsel for the society in subsequent civil proceedings

  • Junior counsel for a purchaser of a business in an action against the vendor for fraudulently misstating the business' financial position

  • Counsel for a group of companies seeking restitution arising out of criminal proceedings for theft of telecommunications

  • Experience with charges under the Criminal Code, the Customs Act, the Controlled Drugs and Substances Act, the Income Tax Act, the Transportation of Dangerous Goods Act and offences against various provincial statutes
  • Successful experience in assisting corporations and individuals in responding to criminal and quasi-criminal investigations, including by persuading the Crown not to approve charges, obtaining stays of proceedings once charges have been laid and obtaining referrals to alternative measures

  • Appeared as counsel for the Commissioner of Canada Elections in prosecuting offences under the Canada Elections Act

  • Experience in assisting corporate victims of crime in preparing victim impact statements