6.20.2023
The client was a superintendent in an apartment building. The complainant was a tenant. She alleged that on one occasion the client attended her unit, ostensibly to check the smoke alarm, and touched her in a sexual manner.
The tenant signed a one-year lease agreement. She had difficulty making her rent payments. She received a notice to end her tenancy from the property management company the day before she made the complaint to the police.
The trial judge found the client to be a credible witness and held that his testimony was supported by the evidence of other witnesses.
Her Honour described the client as “a hard-working, professional employee.” She found that “there is nothing in his testimony from which I can infer untruthfulness, I wish I could say the same for the Crown’s case.”
– decision of Madam Justice K. McLeod
2.24.2023
The client was the father of a young child. He and the child’s mother – his former partner – were in the midst of divorce proceedings.
The issue of custody was yet to be determined by the Family Court. However, the Family Court did determine that the client’s ex-wife could not re-locate to a different jurisdiction with their child.
After the Family Court ruling, the client’s ex-wife reported to the police that their child disclosed to her that there was inappropriate touching by the father.
At trial, the client vehemently denied that he ever touched his child inappropriately.
The child’s version of events changed during the child’s testimony. In cross-examination, the child admitted that part of the account provided to the police was not factual. This was confirmed by the investigating officer.
The trial judge held that the client’s testimony was “forthright, clear and consistent.”
Her Honour found that the client’s ex-wife, to a certain degree, knowingly or not, influenced some of what the child said to her, to the police and to the Court.
Lastly, the trial judge found that some of the actions of the CAS worker who conducted the investigation of the allegations to “be bordering on, if not, unprofessional.”
The client was found not guilty on all counts.
– decision of Madam Justice M. Hogan
1.25.2023
Mr. R.L., Mr. B.O. and Ms. R.R.B.[“Client”] were charged with various offenses arising from the search of a residence and the vehicle conducted by the police pursuant to two search warrants granted on April 8, 2021.
When the police breached the residence door in the early morning hours of April 9, 2021, Mr. R.L. went onto his balcony where he threw a gun and scaled down the building to the unit below. The police arrested him and recovered the loaded Glock 19 firearm, a magazine and ammunition.
The police found two other individuals inside the unit – Mr. B.O. and Ms. R.R.B. – as well as three firearms, five magazines and ammunition. They included a Glock 45, a Glock 17 and a loaded Iver Johnson revolver.
As a result of the police search, the parties were jointly charged with four different offences related to the four firearms seized.
The trial judge was not satisfied that the Crown had proven that Ms. R.R.B. had the requisite control over the items seized by the police and, accordingly she was acquitted on all charges.
– decision of Justice Shandler
11.02.2021
“The Crown had sought a sentence of three months in custody, while the defence argued a period of probation was enough. In issuing her sentence, Pawagi noted that the four other teens involved in the attack received the same sentence of two years’ probation after pleading guilty in 2019, even though two admitted involvement in a similar sexual assault and assault on another boy in September and October 2018. Another of the teens who was initially sentenced to two years’ probation had his sentence later reduced to an absolute discharge.”
11.02.2021
“A teen found guilty of sexually assaulting another student at an all-boys Catholic school in Toronto was sentenced to two years of probation with no time behind bars on Tuesday, marking the end of a sprawling case that sparked a national conversation on hazing in youth sports.”
– article by Liam Casey,
10.15.2021
“The defence pointed to the no-jail-time sentences handed down to four other teens who pleaded guilty to two sexual assaults, and noted that his client was found guilty of participating in one sex assault. “It cannot be said he did anything worse,” said Geary Tomlinson, the accused teen’s defence lawyer. Tomlinson also took issue with the Crown’s description of his client’s level of remorse, pointing to a pre-sentence report by a social worker that contained a letter of apology from the accused teen to the victim. Tomlinson said his client has done community service, graduated on the honour roll and is now enrolled at university. “There is ample evidence that it would be favourable to society by allowing this young person to continue on his rehabilitative path,” Tomlinson said.”
– article by Liam Casey,
06.25.2021
“His lawyer, Geary Tomlinson, argued in closing submissions the teen participated in the sex assault under duress. “The locker room was a chaotic, ‘Lord of the Flies,’ environment,” Tomlinson wrote. “One where bullies made victims and victims became bullies.””
– article by Paola Loriggio and Liam Casey,
04.22.2021
“The teen’s defence lawyer, Geary Tomlinson, sought a directed verdict on those charges, arguing the victim did not identify the accused as one of the people who sexually assaulted him. Another student testified he saw four youths circling the victim including the accused in the locker room that day and then left. After that, the victim was sexually assaulted. Ontario court judge Manjusha Pawagi found there was no reasonable inference that could be made, based on that evidence, that the teen was involved in the sexual assault. It was “only speculation” by the Crown, she said.”
– reported by
04.22.2021
“What happened to him wasn’t funny,” he’d told his lawyer Geary Tomlinson. He felt bad about what happened and apologized to his friend, both in person that day and later by text. “I told him ‘I’m sorry,’” he recalled. “We were walking to the subway and I said ‘I’m sorry. I didn’t know what was going to happen to you.” Is he a coward or a criminal?”
– reported by Michele Mandel, Toronto Sun
04.20.2021
“A 22-second video of a sex assault that occurred in a football-team locker room at St. Michael’s College School has been shown in court. The accused teen has pleaded not guilty to two counts each of gang sexual assault, sexual assault with a weapon and assault with a weapon. Defence lawyer Geary Tomlinson had argued the video should be inadmissible because the Crown had not demonstrated the source of the video and thereby failed to authenticate it.”
– reported by Liam Casey, The Canadian Press
03.25.2021
“A defence lawyer argued in court on Tuesday that video evidence should be throw out in the St. Michael’s College sexual assault trial.”
– reported by Adrian Ghobrial, CityNews
03.04.2021
“A lawyer for the accused teen pointed out discrepancies between the witness’s testimony last month and what he told police more than two years ago. “You say ‘there were so many people around so you can’t really see if the guys are just pushing his friends or if he’s grabbing one of the guy’s arms or something like that,’ correct?” Geary Tomlinson asked the witness. “Correct,” the witness said. “You couldn’t clearly see what was taking place, correct?” Tomlinson asked.”Correct.”“
– reported by Liam Casey, The Canadian Press
03.04.2021
“The accused teen’s lawyer, Geary Tomlinson, has not conceded that the boy in the video is his client. None of the boys involved can be named under provisions of the Youth Criminal Justice Act. The teen on trial is also accused of sexually assaulting another student in a similar fashion on Oct. 17, 2018, but little evidence of that incident was presented on Wednesday. Tomlinson told court about an alibi for his client that day. He said his client’s transit card was used at 5:30 p.m. at Union Station in downtown Toronto — about the same time the alleged sexual assault occurred. “If this was (the accused’s) card and if he did use this card, it would be next to impossible to be in two places at once,” Tomlinson said to Sunghing. “Next to impossible, yes,” Sunghing said.“
– reported by Liam Casey, The Canadian Press
02.05.2021
“The former principal of St. Michael’s College School testified at the trial of an accused student for the sexual assault of another child, explaining why he didn’t immediately summon police to investigate.”
– reported by Adrian Ghobrial, CityNews
12.08.2020
“Taking the stand by videoconference, the teen described feeling concerned as he saw a “large group of people, like a gang” form a circle in the locker room at St. Michael’s College School in November 2018, though he couldn’t tell who exactly was involved.“
– article by Paola Loriggio,
12.01.2020
““I feared for my own safety a little bit,” he told the investigator in the video. The boys behind the incident were popular with students and teachers alike, and the teen believed he would be blamed if they were expelled as a result of the incident.“
– article by Paola Loriggio,
03.04.2020
“The last St. Mike’s student charged in the sex assault scandal from 2018 began his trial today. The 15-year-old’s charges and the shocking case were discussed by the crown and the police.“
– reported by Pam Seatle, CityNews
11.23.2018
“Police learned about the assault last week and believe the incident happened this school year, he said. Authorities are investigating other possible crimes, he said, telling reporters Tuesday that the department has as many as four videos. “We have reason to believe there are more videos and more incidents,” Sinopoli said. The episodes appear to have begun as hazing, then turned criminal, he said. The school has expelled eight students as a result of the police investigation, it said in a news release. Police on Tuesday reported receiving two new videos of a threatening event and an assault with a belt at the school, they said. Those are being investigated as criminal offenses, Sinopoli said. The scandal has roiled St. Michael’s College School, which was founded in 1852 and is Ontario’s only independent Catholic school for young men, its website states.“
– reported by , and , CNN
11.21.2018
“The sexual assault of a male student recorded on video has led to the arrest of six students from St. Michael’s College School, an all-boys Catholic school in Toronto, police there said.“
– reported by , and , CNN
06.11.2018
“On August 19, 2016, PC Best and PC Brouwer were detailed to be in uniform in marked scout cars, enforcing the Highway Traffic Act (HTA). They were each working on their own. As it happened, PC Best made the decision to attend at the intersection of Kennedy and Ellesmere and target the southbound traffic and PC Brouwer did the same and was located near the same intersection. At around noon on that day, PC Best parked his scout car in the parking lot of a nearby strip mall, out of sight, and he positioned himself about 100 feet north of the intersection, on the west side. He was on foot making observations of the southbound traffic, concealing himself behind the signage along the boulevard. Mr. L.S. was 18 years old at the time of his arrest. His father gave him the Honda Accord that he was driving when he obtained his G2 licence in March 2016. He has no criminal record. Mr. L.S. testified that he had purchased the marihuana found in his possession from a friend in Pickering about 20 minutes before PC Best stopped him.”
– decision of Madam Justice N.J. Spies
12.15.2016
“In brief, police received a call from a citizen, who reported that he had had a traffic disagreement with a man. He believed that the man was armed. With the description of the man and the man’s car, police located Mr. J.B. driving his car. When Mr. J.B. stopped his car in the driveway of a home in a residential neighbourhood, police approached him, and eventually seized the satchel containing the handgun from his car. When the officer removed the satchel from Mr. J.B.’s car, Mr. J.B. attempted to grab it out of the officer’s hand. Other officers attempted to restrain and handcuff Mr. J.B. Mr. J.B. was able to escape from the officers, and fled into a heavily wooded ravine area. He was eventually captured after a 20-minute foot chase.”
– decision of Madam Justice K.B. Corrick
02.24.2012
“Application by M.C. for an order quashing the search warrant for his premises that resulted in charges of possession of cocaine and marijuana for the purpose of trafficking as well as weapons offences against him. Two confidential informants, both of whom had provided reliable information in the past, provided a tip that a 24-year-old black male with no record named M, who drove a black Infiniti, was selling drugs in Mississauga that were stored at his home in Milton. The tip provided that M was using the Infiniti to sell the drugs and that M had a handgun. The informants described M’s roommate Dread and Dread’s vehicle, as well as another partner in the drug dealing enterprise. Police kept M.C.’s Milton home under surveillance for 24 hours while they awaited the issuance of a warrant to enter the residence to search for drugs. No information was provided to the justice of the peace about the weapons allegations, to protect the identities of the informants. No warrant was sought to search the Infiniti. M.C. was present when the warrant was executed. In the home, police discovered drugs, paraphernalia, cash, and debt sheets. The Infiniti was parked in an adjacent driveway. It too was searched, and a handgun and papers belonging to M.C. were discovered concealed inside.“
– decision of Mr. Justice D.K. Gray
08.16.2010
“This book tells the story of the Galloway Boys, who as young teens banded together in an urban-blighted area of Toronto’s east end to sell drugs and run guns.”
– Book by Betsy Powell
03.17.2009
“Application by five young persons for a declaration that sections 487.051(1) and 487.051(2) of the Criminal Code breached their Charter rights. Each of the five young persons had been found guilty of a designated offence and was the subject of a DNA application. The young persons took the position that the legislative scheme which permitted DNA orders was unconstitutional with regards to young persons. More specifically, they submitted that subjecting them to mandatory DNA orders violated their rights to privacy and security of the person and constituted an unreasonable seizure. On the other hand, the Crown took the position that the legislative scheme adequately and constitutionally addressed the young persons’ concerns.”
– decision of Madam Justice Cohen
04.28.2007
“The March 3, 2004, shooting triggered Project Pathfinder, a homicide investigation that evolved into a much bigger takedown in October that year, targeting members of the Galloway Boys, a gang that claimed the Kingston and Galloway roads area as its turf.”
– article by Betsy Powell, Toronto Star