Archive for 'Cases'

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

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Indexed as:
R. v. K.K.

Between
Her Majesty the Queen, and
K.K.

[1998] O.J. No. 6199

Ontario Court of Justice (Provincial Division)
Toronto, Ontario
Fairgrieve Prov. J.

Oral judgment: February 12, 1998.
(29 paras.)

 

Charge Assault

Counsel:

 

E. Winocur, for the Crown.
T. Pain, for the accused.

¶ 1      FAIRGRIEVE PROV. J. (orally):— An application involving your client Mr. K..

¶ 2     MR PAIN:  Yes, Your Honour.

¶ 3      THE COURT:  Is he here?

¶ 4      CLERK OF THE COURT:  Come forward please, Mr. K..  Have a seat in the chair here.

¶ 5      THE COURT:  All right.  There is no language problem?

¶ 6      MR. ...

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

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Case Name:
R. v. M.N.

IN THE MATTER OF the Young Offenders Act, R.S.C. 1985, c.
Y.1

Between
Her Majesty the Queen, and
M.N.

[2002] O.J. No. 2221
File No. 00/Y05066

Ontario Court of Justice
Youth Court – Oshawa, Ontario
Stone J.

Oral judgment: February 21, 2002.
(8 paras.)

Charges:  S. 271 Criminal Code – Sexual Assault S. 151 Criminal Code – Sexual Interference

Counsel:
S. Nielsen, for the Crown.
T. Pain, for the young person.

¶ 1      STONE J. (orally):— This is a so-called Khan Application, brought by the ...

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R. v. M.D. (examination of a defence witness) | Examples Of Favourable Verdicts

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EXAMINATION IN-CHIEF OF DR. EMILY SMITH

THE COURT: Just have a seat there and try to speak into the microphone, if you would please.

Q: Good morning, Dr. Smith. You are a medical doctor; is that correct?

A: Yes.

Q: And you could please tell the jury what type of Doctor you are?

A: I have been a family physician and I have been working in Scarborough since 1972. I am on staff at three hospitals in Scarborough, and I also do obstetrics as ...

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

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Indexed as:
R. v. N.S.

Between
Her Majesty the Queen, and
N.S.

[1999] O.J. No. 2472
Court File No. 68/98

Ontario Superior Court of Justice
Toronto, Ontario
Wren J.

June 30, 1999.
(9 pp.)

Counsel:
Attorney General for Ontario, for the respondent.
T. Pain, for the appellant.

¶ 1      WREN J.:— The appellant was tried in the Ontario Court of Justice (Provincial Division) at the City of Toronto by the Honourable Judge Hogan, on December 5, 1997, January 7 and 28, 1998 and February 2, 17, ...

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Cross-examination of Tamara Cruz (an evasive witness) | Examples Of Favourable Verdicts

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ONTARIO COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
NELSON MANDELL
PROCEEDINGS AT TRIAL

BEFORE THE HONOURABLE MR. JUSTICE BOULDER
on May 30th, XXXX, at OTTAWA, Ontario.
**********
APPEARANCES:
S. Foster
Counsel for the Crown
T. Pain Counsel for the Accused
**********
TAMARA CRUZ RE-SWORN
EXAMINATION-IN-CHIEF BY MS. FOSTER
Q: Ms. Cruz I’m going to be very brief with you. Just to clarify a couple of things, I understand that certainly you had the opportunity to read your evidence, the ...

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R v. J.M. | Examples Of Favourable Verdicts

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ONTARIO COURT OF JUSTICE

HER MAJESTY THE QUEEN

V.

JULIE MILGAARD

************************

BEFORE THE HONOURABLE JUSTICE P. TAYLOR
on November 26, 2004

Appearances:
D. Aaron – counsel for the Crown
T. Pain – counsel for the Accused

THE COURT: Julie Milgaard entered a plea of guilty before me on the 24th of September. The matter had been judicially pre-tried by me a few days before.

The facts are that while she was intoxicated she began yelling at her son, Barry, and ultimately hit Barrie. It’s a fact ...

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R. v. B.V.D. | Examples Of Favourable Verdicts

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Ontario Court of Justice

Her Majesty The Queen

v.

Barbara Von Dirk

************************

PROCEEDINGS AT SET DATE

BEFORE HIS WORSHIP, JUSTICE OF THE PEACE, W. PILLMAN
On December 30, 2005, at Toronto, Ontario

MS. WONG: Page 13, line 301. Von Dirk, V-O-N D-I-R…

MR. PAIN: Good morning, Your worship. My name is Pain, P-A-I-N, initial T. Appearing as designated counsel for Ms. Von Dirk. Your Worship, this is a situation where I’ve had a pre-trial with Ms. Bauman. The understanding was that if I provided proof of ...

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R. v. Nancy Nelson | Examples Of Favourable Verdicts

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ONTARIO COURT OF JUSTICE

XXXX, Ontario

BETWEEN:

HER MAJESTY THE QUEEN

-and

NANCY NELSON

REASONS FOR JUDGMENT

The Court:
1. The defendant Nancy Nelson plead guilty before me on May 8 2008 to a charge under section 215(2)(b) of the Criminal Code that between May 1 2005 and December 27 2006 she failed to provide the necessaries of life to a person under her charge, namely her aged mother Deborah Nelson, now deceased.

2. The defendant, now aged 44, is a single woman who always lived with ...

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Ralph Birnbaum, Hamilton | Examples Of Favourable Verdicts

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Case Name:
R. v. Birnbaum

Between
Her Majesty the Queen, and
Ralph Birnbaum

[2010] O.J. No. XXXX

Ontario Court of Justice
Hamilton, Ontario

Smith J.

Oral judgment: April 21, 2010.

(24 paras.)

Counsel:
Donna Robbins, counsel for the Provincial Crown.
T. Pain, counsel for Ralph Birnbaum.

1 SMITH J. (orally):– Ralph Birnbaum is charged with an offense under Section 253 (1)(b) of the Criminal Code of Canada, that is the operation or care and control of a motor Vehicle while having a blood alcohol level over the legal ...

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R v. E.M. | Examples Of Favourable Verdicts

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ONTARIO COURT OF JUSTICE

HER MAJESTY THE QUEEN
v.
E.M.

**********

BEFORE HER HONOURABLE MADAM JUSTICE L. MARSHALL
on October 28, 2004, at TORONTO, Ontario

**********

APPEARANCES:
M. Brun Counsel for the Crown
T. Pain Counsel for the Accused

MR. PAIN: As your Honour is aware, the total delay is 13 months and 20 days in this case. I have broken down the delay as follows: The inherent time requirements I’ve attributed two months to that. The institutional delay is 10 months and 20 days, ...

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