Motions & Applications

Motions and Applications

A motion or application is like a mini-hearing or mini-trial on a specific issue in a case. The issues often involve alleged Charter of Rights breaches or evidentiary matters. Motions and Applications can be brought before, during, or after the actual trial. Winning a motions and applications argument can either mean a victory on a particular point within the trial or it can result in a complete victory of the case.

 

R v. E.M. – Motions and Applications Case

Eric Milton was an elementary school teacher who found himself charged with criminal drinking and driving offences. A criminal record could mean the end of a long and productive career as a school teacher. He simply had to beat the charge. Read the motions and applications legal arguments and the Court’s final verdict. Read more about this motions and applications case.

R v. D.C. – Motions and Applications Case

Daniela Carter found herself charged with ‘impaired driving’ and ‘over 80’.  One evening she and her boyfriend were a home drinking and then they got into an argument.  In a state of distress, she got in her car to leave.  That’s when she got pulled over and charged.  At trial, an application was brought to have the ‘impaired driving’ and ‘over 80’ charges thrown out.  Read more about this motions and applications case.

R. v. Y.H. – Motions and Applications Case

Yogi Hong’s was having problems in his marriage.  Separation was inevitable but neither wanted to part with their small son.  His wife charged Yogi with assaulting him and their son and took custody of the boy.  The matter proceeded to trial but not for 15 months. Read more about this motions and applications case.

R v. S.D. – Motions and Applications Case

Sheldon Dobbs could not afford a criminal record for ‘impaired driving’ and ‘over 80’.  He held a highly respectable job and his work required that he have a spotless record.  At trial, an application was brought to have his case thrown out because of the length of delay. Read more about this motions and applications case. Read this testimonial.

R. v. S.G. – Motions and Applications Case

Steve Gates was having problems in his marriage.  His wife moved in her mother without consulting him and this eventually led to the disintegration of their marriage.  One day, Steve’s mother-in-law had him charged with assault.  His assault case proceeded to trial but was eventually thrown out due to a violation of his rights.   Read more about this motions and applications case.

R. v. M. N. – Motions and Applications Case

Mack Norton was charged with sexually assaulting his small niece.  He steadfastly maintained his innocence and claimed that the child had been manipulated by a vengeful adult relative.  At trial, the Crown sought to introduce a videotaped interview of the little girl as evidence.  We were successful in having the videotape excluded.  The Crown had to proceed without any evidence from the niece. Read more about this motions and applications case.

R. v. S. W.C. – Motions and Applications Case

Shawn Wayne Cox was a 12 year-old boy charged with sexual assault for having allegedly squeezed the breast of a female classmate.  Due to the Crown’s negligence in the preparation of the case, Shawn attended court on fifteen separate occasions and it was over 16 months before his matter reached trial.  At trial, we brought an application to have the charge thrown out due to unreasonable delay.  The trial judge agreed.  The case was thrown out. Read more about this motions and applications case.

R. v. K.K. – Motions and Application Case

Kelvin Koney was charged with assaulting his wife.  He wanted to get to trial quickly because his bail prevented him from going home.  He deeply missed his wife and child.  Month after month, he went to court only to be told by the Crown that his disclosure (a copy of the evidence against him to which he is entitled) was not ready and that he would have to come back on another date.  Finally, we brought an application in court to force the Crown to provide the disclosure and pay Mr. Koney’s increased legal fees due to the delay.  The application was granted and Mr. Koney immediately received his disclosure.  The judge ordered the Crown to pay Mr. Koney’s legal bill. Read more about this motions and applications case.

 

You’re Invited to Call or E-mailMotions and Applications

If you’ve been charged with a crime – or think you might be charged in the future – you’re invited to call me. I’ll answer your questions and explain how you can protect your legal rights. I will gladly talk with you on the telephone or in my office. You’re invited to send your e-mail to me at tkpain@torontocriminaldefence.com or call me at 416-410-4838.

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