Motions and Applications | Examples Of Favourable Verdicts

Toronto Criminal Defence Lawyer - Tushar K. Pain

Examples of Criminal Cases won by Tushar K. Pain

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. They can be brought before, during, or after the actual trial. Winning a motion or application can either mean a victory on a particular point within the trial or it can result in a complete victory of the case.


Cases Involving Motions and Applications: R v. E.M. 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 legal arguments and the Court's final verdict. R v. D.C. Throughout the evening Daniela Carter and her boyfriend had been drinking. At some point in the evening, the two of them started arguing about their relationship. The argument became heated. Ms. Carter became extremely distraught. She ran out of her boyfriend's place wearing only her housecoat and then got into her car to drive home. On her way home, she was pulled over by a police officer, investigated, and charged with "impaired driving" and "over 80". Ms. Carter was going through a difficult time in her life and could not afford a criminal record. She came to me to help her fight the charges. At trial, we brought a Charter application claiming that the arresting officer did not have reasonable and probable grounds to take the course of action that he did against Ms. Carter. The trial judge agreed and both charges were dismissed. R. v. Y.H. Yogi Hong's marriage was falling apart. It came to the point where it was beyond repair and separation was inevitable. He and his wife had a very young son. Mr. Hong was falsely accused of abusing his spouse and their child. The matter proceeded to trial more than fifteen months later. R v. S.D. Sheldon Dobbs was an executive in a highly successful company. The nature of his employment required that he have absolutely no criminal record. He found himself charged with 'impaired driving' and 'over 80' after a night of holiday celebrations. If convicted, he was convinced that he would lose his job. Read the Court's final verdict. R. v. S.G. Steve Gates was in an unhappy situation. His wife, Mary, moved her mother into their house without consulting Steve. This lead to many arguments in the house. Finally, one day Steve's mother-in-law called the police and said that Steve had slapped her. Steve was arrested and prohibited from going home. Steve came to me for help. He was adamant that he did not do anything wrong. It was very important to him to win. The Crown offered to withdraw the charge if Steve agreed to sign a peace bond. Steve declined the offer. We went to trial. The charge was ultimately thrown out due to unreasonable delay. R. v. M. N. 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. R. v. S. W.C. 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. R. v. K.K. 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 what clients involved in this kind of case have to say about Tushar K. Pain: Koran M., Toronto Jesus Corona, Toronto No name requested, North York Daniela C. , Toronto S.D., Toronto

You're Invited to Call or E-mail
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.

Tushar K. Pain, Toronto Criminal Defence Lawyer
393 University Avenue ~ Suite 2000 ~ Toronto, Ontario, M5G 1E6
tel: 416.410.4838 fax: 416.410.5532 email: tkpain@torontocriminaldefence.com

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