Saying that a lawyer or law firm is experienced is one thing, but it’s important to see evidence of their success in obtaining “not guilty” verdicts or having sexual offence charges withdrawn. Below, you can see some of the cases that our lawyers and firm have handled in the past.

R. v. M.P. (Superior Court of Justice, Cornwall)

Charges: Sexual Assault Causing Bodily Harm (x5), Sexual Assault with a Weapon (x5). BDSM relationship. Complainant alleged that many and varied sexual acts across multiple dates were not consensual. In the alternative, the Crown argued that due to the BDSM relationship, consent was not possible due to abuse of authority. In the alternative, the Crown argued that the bodily harm suffered by the Complainant made consent legally unavailable. Many of the allegations were on video before the court, showing bodily harm. Expert evidence was called on the topic of BDSM practice. The judge found that the Complainant, in light of her answers on cross-examination, was not believable; he rejected her evidence in its totality. Bodily harm was found not to be proven as intentionally caused.

Result: NOT GUILTY ON ALL COUNTS

R. v. X.X. (Superior Court of Justice, Toronto)

Charges: Sexual Assault, Sexual Interference. Former tennis instructor accused of inappropriate touching of underage female student. The accused testified a brief altercation was not sexual assault. The complainant was not reliable or credible on cross-examination, and prior text messages showed her allegation to not be believable.

Result: NOT GUILTY ON ALL COUNTS

R. v. A.B. (Superior Court of Justice, Toronto)

Charges: Sexual Assault, Sexual Interference. Accused alleged to have sexually assaulted the child of a family friend hundreds of times in various locations over the course of several years. On each allegation in each location, the judge found that the Complainant was found to be insufficiently reliable and/or credible. This was due largely to inconsistencies and implausibilities in her evidence as revealed on cross-examination.

Result: NOT GUILTY ON ALL COUNTS

R. v. D.G. (Superior Court of Justice, Toronto)

Charges: Sexual Assault.

Accused alleged to have sexually assaulted a woman he met at a club that night. The Complainant woke up the following morning and alleged that she could not remember anything from the night before apart from some sexual activity with the accused. Accused testified that the Complainant was lucid and actively consenting to the sexual activity. The judge found based partly on text messages and partly on the testimony of the witnesses that the Complainant was not sufficiently reliable and the Crown could not prove she was too intoxicated to consent to the sexual activity.

Result: NOT GUILTY

R. v. J.B. (Superior Court of Justice, Toronto)

Charges: Aggravated Assault, Sexual Assault, Assault by Choking, Forcible Confinement, etc. Police called to hotel room in Toronto late at night for loud noises. Complainant alleged that the accused, her boyfriend sexually and physically assaulted her; the room was covered in shattered glass; Complainant had suffered spinal injury with long-last effects. Accused testified that the altercation was not at all how it was alleged, the injury was the result of a fall caused by the Complainant and he never sexually assaulted her. Defence argued through examination of photos from the scene, photographs of various injuries at different times, and consideration of the credibility issues that arose on cross-examination that Complainant’s allegations were false.

Result: NOT GUILTY ON ALL COUNTS

R. v. M.J. (Superior Court of Justice, London)

Charge: Sexual Assault. Complainant alleged that she and the accused attended at her home after meeting at a bar and that he forced himself upon her. She had left her home and reported the allegation to a neighbour while the accused was still in her bed. After she was cross-examined and was revealed to have been dishonest with the Court, the Crown agreed to dismiss the jury and withdraw the criminal charges.

Result: ALL CHARGES WITHDRAWN MID-TRIAL

R. v. S.J. (Superior Court of Justice, St. Catharines)

Charge: Sexual Assault. Complainant woke up in the bed of the accused after a house party, largely undressed in a bed full of blood. The accused was not present. Complainant alleges to have no memory of the night after consuming a large amount of alcohol. Expert witness on intoxication and an expert witness on blood transfer were called. After cross-examination of expert witnesses and the Complainant, the judge determined it could not be proven any sexual activity took place, and if it had there was no evidence the Complainant did not consent and insufficient evidence to suggest she did not have the capacity to consent due to intoxication.

Result: NOT GUILTY

R. v. J.B. and C.S. (Superior Court of Justice, Toronto)

Charge: Gang Sexual Assault. Accused and friend accused of sexually assaulting a woman they met at a club that night. Our firm represented J.B. Forensic evidence was called with respect to bodily samples collected. Both accused testified as did the Complainant. Ultimately it was determined that the Complainant was consenting to the sexual activity and as soon as she became upset and expressed a desire to stop, the accused both ceased all sexual activity.

Result: NOT GUILTY

R. v. R.D. (Superior Court of Justice, Newmarket)

Charges: Sexual Assault, Assault. Complainant and accused were boyfriend and girlfriend. Complainant alleged that throughout their relationship the accused was badly physically abusive – including punching and choking – and sexually assaulted her on multiple occasions in various locations. The accused denied the allegations completely. The defence brought old social media messages. The accused testified believably and the Complainant was found to have not been credible based on her cross-examination.

Result: NOT GUILTY ON ALL CHARGES

R. v. J.K. (Ontario Court of Justice, Brampton)

Charge: Sexual Assault. Accused was a registered acupuncturist and Traditional Chinese Medicine doctor. A patient went to police and alleged that while receiving fertility treatments, he touched her in a private area without consent. At trial, through production of written consent forms, the testimony of the accused and cross-examination of the Complainant, it was determined that the accused could not be proven to have committed a sexual assault.

Result: NOT GUILTY

R. v. D.B. (Ontario Court of Justice, Toronto)

Charge: Sexual Assault. Complainant and accused spent night together in a bed in a hotel room after attending a Toronto Blue Jays game together with a group of friends. Complainant alleged he jumped into her bed undressed and was forcing himself upon her, attempting to have sex with her despite her protestations. Crown adduced text messages from the accused apologizing. On cross-examination the Complainant came to agree that much of what happened was not how she described it to the court and that she consented to much of what was alleged. With respect to the elements she claimed were not consensual, the judge agreed with the defence that the Complainant was not a credible witness.

Result: NOT GUILTY

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