2 total
Interim motion to nullify lawyer's suspension dismissed due to mootness and insufficient evidence.
The applicant, a lawyer, brought an interim motion seeking to nullify his suspension by the Law Society of Ontario for non-payment of a costs award.
The court dismissed the motion, noting that the applicant had already paid the costs award, rendering the issue moot, and was currently suspended for entirely different reasons related to professional misconduct.
The court found the applicant failed to provide sufficient evidence, failed to serve the Attorney General regarding his constitutional challenge, and failed to establish irreparable harm or that the balance of convenience favoured him.
The accused was convicted of assault and breach of recognizance but acquitted of remaining charges.
The defendant was charged with multiple offences arising from interactions with the complainant on October 20, 2015 and November 10, 2015, including assault, unlawful confinement, sexual assault, and threats.
The trial judge found the complainant's evidence to be significantly undermined by contradictions, memory lapses, and inconsistencies regarding key details, particularly concerning the nature of contact (water versus spittle) and the sequence of events.
The defendant's credibility was also compromised by lies told to police, though his explanations for some events had a ring of truth.
The court found the defendant guilty of assault on October 20, 2015 (for holding and pushing the complainant into a car) and breach of recognizance on November 10, 2015.
The defendant was acquitted of unlawful confinement on October 20, 2015, and all charges arising from November 10, 2015 (sexual assault, assault, and unlawful confinement), as the evidence did not establish guilt beyond a reasonable doubt.
