Firm Profile

Toronto Criminal Defence Lawyer Tushar K. Pain LL.B. – Biography

I earned my Bachelor of Arts degree in Economics from the University of Toronto and graduated from law school at the University of Alberta. Following my call to the bar in Ontario, I started my own practice in Toronto.

I practice in the area of criminal defence law and am a member of the Criminal Lawyers’ Association and the Law Society of Upper Canada. I have appeared at various levels of court including the Ontario Court of Justice, the Superior Court of Justice and, The Court of Appeal for Ontario. My work has included representing clients at bail hearings, “judge alone” trials, jury trials, appeals, and applications for special remedies. The range of criminal charges I defend include but are not limited to assault, sexual assault, robbery, drug offences, weapons offences, firearms offences, arson, theft, fraud, break & enter, drinking and driving offences, attempted murder, murder, securities offences, tax evasion, regulatory offences, Internet and Intranet crimes, computer crimes, offences under the Environmental Protection Act, professional disciplinary offences, embezzlement, corporate crimes, and conspiracy offences.

As a lawyer who has made a career of vigorously defending clients against state action, I also regularly represent clients – mainly organizations such as money service businesses (MSBs) – who are subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and find themselves being investigated by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).

I also have a special interest in financial crimes and offences such as securities violations, bribery and corruption charges, copyright offences, tax offences, money laundering charges, and forfeiture proceedings.

I have written articles on topics in criminal law and have been published in the Lawyers’ Weekly newspaper.

Although most of my clients are in the greater Toronto and outlying areas, I have also helped people in other regions of Southern Ontario including York Region, Durham Region, Peel Region, Barrie, Orillia, and Orangeville.

I have assisted people involved in many different aspects of the criminal justice system including those facing police investigation or police action; people who have been charged; people under court orders; people involved in a case as non-parties such as witnesses and sureties; people seeking legal advice and opinions; and people appealing their cases.

My main office is located in downtown Toronto at 120 Carlton Street, Suite 205 (near Jarvis). I also maintain a second office for the convenience of those who wish to avoid coming into downtown Toronto. My alternate office is in Markham at 178 Main Street (near Warden and Highway #7).

I am available seven days a week and directly answer my telephone.

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My Philosophy On Serving Clients

I believe in a result-oriented approach to the defence of a criminal charge. My focus is on two concerns:

  1. Addressing your needs
  2. Building an effective defence

The Client’s Needs in a Criminal Defence Case

As a lawyer, I believe that my highest duty is to you, my client. To me, this means serving your needs. However, before your needs can be addressed, they must be understood. The most valuable thing a lawyer can give to his client is his undivided attention. I believe that it is important to first, listen carefully to you. Following this, you must be provided with meaningful and accurate advice in order to allow you to make informed and intelligent decisions. In this way, your needs can be understood and met.

Devising An Effective Criminal Defence Strategy:

There are basically two types of defences: (1) the discovered defence – those that lie within the facts awaiting discovery and, (2) the developed defence – those that develop through the course of the case. An example of a discovered defence is self defence. This defence would be argued based on facts that had transpired before the charge. The defence lies within the facts waiting to be “discovered”. An example of a developed defence is getting your charge “thrown out” because of unreasonable delay in getting to trial. This defence did not exist at the time the charge was laid. It was “developed” following the incident. Although different in nature, both types of defences require diligence, persistence and thoroughness in preparation on the part of the lawyer in order to become part of a winning strategy.

“My focus is on your criminal defence case. My commitment is to you.”

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