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

Ontario Court of Justice

Her Majesty The Queen

v.

Barbara Von Dirk

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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 40 hours of community service, plus I personally handed her a cheque for $1,600.00 for restitution the charge would be withdrawn. Now, I noticed Ms. Bauman is not here. I’m actually prepared to do those things.

MS. WONG: No, not that the charge would be withdrawn, but – yes, the charge would be withdrawn, but there would be a peace bond.

MR. PAIN: That was our initial discussion…

MS. WONG: Right.

MR. PAIN: …and then it was followed up further.

MS. WONG: I don’t have that further note. I have…

THE COURT: Has the community service been done anyway?

MR. PAIN: The community service has been done and I’ve got the cheque. If my friend’s not prepared to – I did tell Ms. Bauman I would hand it to her personally. So, I’m prepared to put it over and meet with her in the interim if…

MS. WONG: No, no, no. She’s not in our office anymore.

MR. PAIN: Oh, she’s not.

MS. WONG: She’s on a secondment for a year at 720 Bay. So, I’m prepared to honour her agreement, but I have the notes in her handwriting that says I agree to a peace bond. A withdrawal of the charge – all the charges then a peace bond with…

MR. PAIN: Yes…

MS. WONG: …the restitution.

MR. PAIN: there was then a further follow up on October 21.

MS. WONG: I have notes of a further follow up, but it doesn’t say no peace bond.

THE COURT: What does it say?

MS. WONG: It says if she provides a letter proving 40 hours CSO, withdraw. Defence says, she lives in Manitoba, only in Toronto for a wedding. Student – has no money to travel.

MR. PAIN: That was why she’d agreed to the withdrawal if she did the 40 hours, because she can’t come back for a peace bond.

MS. WONG: Yes. And I’m agreeing to the withdrawal it’s just that she still has a peace bond, but – is she currently living in Manitoba?

MR. PAIN: She’s in Manitoba. She’s…

MS. WONG: Okay. And she’s not coming back to…

THE COURT: Study.

MS. WONG: Come back…

MR. PAIN: She’s not coming back for anything, no.

MS. WONG: In Toronto?

MR. PAIN: Yeah.

MS. WONG: Okay. So then, I – I would be agreeable to that.

THE COURT: Agreeable to what?

MS. WONG: I would be agreeable to withdrawing the charges, the two count Information, if I could see the 40 hours and who was the complainant of the mischief?

MR. PAIN: Well, I have the name as Stanley Hart.

MS. WONG: Stanley Hart. Okay.

MR. PAIN: That’s the best we could do. The officer wasn’t able to get back to Ms. Bauman with…

MS. WONG: Okay.

MR. PAIN: …anything more accurate than that.

MS. WONG: Okay. And do we have a cheque? Now, Your Worship, can we…

THE COURT: Certified?

MS. WONG: It’s – no, this isn’t certified, is it?

MR. PAIN: No, it’s my trust cheque.

MS. WONG: Oh, it’s your trust cheque.

MR. PAIN: And I’m giving my undertaking…

MS. WONG: Okay. Can we enter this in before the Court and then have it paid out by the Court? No?

MR. PAIN: I think that’s why Ms. Bauman had asked me to give…

MS. WONG: Okay.

MR. PAIN: …it to her personally because that can’t be done.

MS. WONG: So, I will make arrangements to have the officer in charge contact Stanley Hart and then give him the cheque directly and I will withdraw the two count Information.

THE COURT: Two matters of Barbara Von Dirk marked as withdrawn.

MS. WONG: Thank you.

MR. PAIN: Thank you. I thank my friend.

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