Ontario Court of Justice
Her Majesty The Queen
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 Ive 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40 hours of community service, plus I personally handed her a cheque for $1,600.00 for restitution the charge would be withdrawn.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. Im 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 WONG: No, not that the charge would be withdrawn, but yes, the charge would be withdrawn, but there would be a peace bond.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 dont have that further note. I have
THE COURT: Has the community service been done anyway?
MR. PAIN: The community service has been done and Ive got the cheque. If my friends not prepared to I did tell Ms. Bauman I would hand it to her personally. So, Im prepared to put it over and meet with her in the interim if
MS. WONG: No, no, no. Shes not in our office anymore.
MR. PAIN: Oh, shes not.
MS. WONG: Shes on a secondment for a year at 720 Bay. So, Im 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 doesnt 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 shed agreed to the withdrawal if she did the 40 hours, because she cant come back for a peace bond.
MS. WONG: Yes. And Im agreeing to the withdrawal its just that she still has a peace bond, but is she currently living in Manitoba?
MR. PAIN: Shes in Manitoba. Shes
MS. WONG: Okay. And shes not coming back to
THE COURT: Study.
MS. WONG: Come back
MR. PAIN: Shes 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: Thats the best we could do. The officer wasnt 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: Its no, this isnt certified, is it?
MR. PAIN: No, its my trust cheque.
MS. WONG: Oh, its your trust cheque.
MR. PAIN: And Im 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 thats why Ms. Bauman had asked me to give
MS. WONG: Okay.
MR. PAIN: it to her personally because that cant 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.