Archive for 'Cases'

Carmen Wang | Examples Of Favourable Verdicts

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Case Name:

R. v. Wang

Between

Her Majesty the Queen, and

Carmen Wang

[2012] O.J. No. XXXX

Ontario Court of Justice

Toronto, Ontario

B.A. Brown J.

Oral judgment: September 21, 20XX.

(11 paras.)

Counsel:

M. Lerner, Esq., Counsel for the Crown.

T. Pain, Esq., Counsel for the Accused.

 

 

RULING

1 B.A. BROWN J. (orally):— The Court listened carefully to the evidence given by both the Investigating Officer, P.C. Exton and the Qualified Technician, P.C. Poynter.

2 With respect to the evidence in this case, the Crown has indicated that at the end of the trial, it ...

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Xi Wan | Examples Of Favourable Verdicts

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Case Name:

R. v. Wan

Between

Her Majesty the Queen, Plaintiff, and

Xi Wan, Defendant

[2011] O.J. No. 63XX

Ontario Court of Justice

Brampton, Ontario

R. Kelly J.

Oral judgment: November 25, 2011.

(50 paras.)

Charges: Section 267(b) and 264.1(1)(a) Criminal Code of Canada

Counsel:

A. Gauthier – Counsel for the Crown.

T. Pain – Counsel for the Accused.

 

 

1 R. KELLY J (orally):– This case first came before me on June 8th. Much of that day was occupied with an inquiry into the competency of the interpreter who had been assigned to the courtroom. ...

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Kyle Frye | Examples Of Favourable Verdicts

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R. v. Kyle Frye
Between
Her Majesty the Queen, and
Kyle Frye
[2012] O.J. No. 14XX
Ontario Court of Justice
Toronto, Ontario
D.G. Hackett J.
Oral judgment: January 13, 2012.
(18 paras.)
Counsel:

Mr. P Fraser, Counsel for the Crown.

Mr. T. Pain, Counsel for Kunnauth Seer.


 

REASONS FOR JUDGMENT

 

1     D.G. HACKETT J. (orally):— This is a decision at the completion of a trial into a charge of over 80.

2     At the outset, I want to thank both counsel very much for narrowing the issues in this case and providing ...

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R v. Reid Vernon | Examples Of Favourable Verdicts

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Case Name:

R. v. Vernon
Between
Her Majesty the Queen, and
Reid Vernon
[2011] O.J. No. 3860
Ontario Court of Justice
Toronto, Ontario
L. Botham J.
March 1, 2011.
(19 paras.)

Charges: Over 80.

Counsel:

Counsel for the Crown: Mr. F. Bartley.

Counsel for the Accused: Mr. T. Pain.


 

REASONS FOR JUDGMENT

 

1     L. BOTHAM J.:— I think it will readily become apparent I am only going to address Mr. Vernon’s Charter Application.

2     Basically Section 254(2) of the Code provides statutory pre-conditions for a lawful roadside screening demand. The Defence argues that the failure to ...

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R v. Ted Gets | Examples Of Favourable Verdicts

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Case Name:

R. v. Gets
Between
Her Majesty the Queen, and
Ted Gets
[2011] O.J. No. XXXX
Ontario Court of Justice
Toronto, Ontario
P.A.J. Harris J.
Oral judgment: June 2, 2011.
(16 paras.)
Counsel:

M. Mackett, Ms.: Counsel for the Crown.

T.K. Pain, Mr.: Counsel for Ted Gets.


 

REASONS FOR JUDGMENT

 

1     P.A.J. HARRIS J. (orally):— This is my ruling on all of the charges facing Mr. Ted Gets, charged 29th of June, 2010, impaired operation, over 80 milligrams, class G2 licence with blood/alcohol greater than zero milligrams per cent, fail to ...

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R v. Dan Goderidge | Examples Of Favourable Verdicts

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ONTARIO COURT OF JUSTICE

 

HER MAJESTY THE QUEEN

 

V.

 

DAN GODERIDGE

 

EXCERPT OF  TRIAL PROCEEDINGS

 

BEFORE THE HONOURABLE JUSTICE XXXXXX

On November 18, 20XX

At Newmarket, Ontario

 

Appearances:

G. Sang            Counsel for the Crown

T. Pain                        Counsel for Dan Goderidge

 

 

Ms Sang:  Good afternoon again, Your Honour.  Thank you very much for the indulgence.

The Court:  Absolutely.

Ms Sang:  During my friend’s cross-examination of Ms Goderidge this afternoon it became very clear to me that there were a number of inconsistencies with Ms Goderidge’s own evidence at the trial and also between Ms ...

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R. v. Tara Reid | Examples Of Favourable Verdicts

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R. v. Reid
Between
Her Majesty the Queen, and
Tara Reid
[2010] O.J. No. 2222
2010 ONCJ 189
Ontario Court of Justice
Toronto, Ontario
M. Green J.
Heard: April 15-16, 2010.
Judgment: May 13, 2010.
(39 paras.)
Criminal law Criminal Code offences — Offences against person and reputation — Motor vehicles — Impaired driving or driving over the legal limit — Roadside screening test — As soon as practicable or forthwith — Accused found not guilty of driving while over ...

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R. v. N.B. | Examples Of Favourable Verdicts

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Court File No.

ONTARIO COURT OF JUSTICE
(GENERAL DIVISION)
(Toronto Region)

BETWEEN:

HER MAJESTY THE QUEEN
Respondent

–and–

NATHAN BALILALINGAM
Applicant

_____________________________________________________

APPLICANT’S FACTUM
_____________________________________________________

Part I – Statement of the Case

The Applicant, Nathan Balilalingam, was arrested and charged on February 18, 1997, together with Mr. Chris Paralingam (a young person within the meaning of the Young Offenders Act) with the offences of Point Firearm, Weapons Dangerous, Assault with a Weapon, and Utter Death Threats. On January 9, 1998, a preliminary inquiry was held and the Applicant ...

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R v. H.K. | Examples Of Favourable Verdicts

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Court File No.
ONTARIO COURT OF JUSTICE

HER MAJESTY THE QUEEN

v.

HUGH KIRBY

**********

CONTINUED TRIAL PROCEEDINGS
BEFORE THE HONOURABLE MR. JUSTICE F. ROSS
on the 16th day of January, 2007
at Toronto, Ontario

**********

Charges: Impaired Driving
Over 80

**********

APPEARANCE S:

R. COLLINS Counsel for the Crown
T. PAIN, ESQ. Counsel for the accused

**********

TUESDAY, JANUARY 16, 2007
MR. COLLINS: Which brings us to the further evidence of Hugh Kirby.
Mr. Pain is here on that.
MR. PAIN: Good morning.
THE COURT: And is Mr. Kirby here?
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R. v. Don Newman | Examples Of Favourable Verdicts

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ONTARIO COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
DON NEWMAN
**********
GUILTY PLEA PROCEEDINGS
BEFORE THE HONORABLE MADAM JUSTICE XXXX
On June XX, 20XX at TORONTO, Ontario
Courtroom XXX
********

APPEARANCES
J. North, Ms. Counsel for the Crown
T. Pain, Mr. Counsel for the Accused

THURSDAY, JUNE XX, 20XX
MS. NORTH: And the next matter I can deal with is Don Newman, number 19 and 20.
MR. PAIN: Good morning, Your Honour, my name is Pain: P-A-I-N, first initial ‘T’. Mr. ...

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