Derek's Case — Impaird Driving & Over 80 — Costs Motion

Client:  Derek D., Accused
Complainant:  Toronto Police Services
Charges:  Impaired Driving and Over 80

Background:  Derek was charged with impaired driving and over 80. We received disclosure of the arresting Officer's notes and the breath technician's report. However, we learned that other police officers had observed Derek while he was allegedly impaired. We requested copies of their notes to determine if they had information which could assist Derek's defence.

Goal:  My goal was for the costs motion to be granted, and therefore, have the Crown Attorney pay Derek's legal fees.

Strategy:  We requested copies of their notes to determine if they had information which could assist Derek's defence. We made repeated requests, but we did not get a meaningful response from the Crown's office or from the Officer in charge. Growing frustrated, we applied before a Judge to order the Crown to provide the police officers' notes and to order the Crown to pay Derek's costs. Accused persons are rarely awarded costs in criminal Court, but we felt we had a compelling case, given the obvious disregard for Derek's rights.

Results:  On the day we argued the application, the Crown was scrambling to provide the missing police Officers' notes. They were finally making a valiant effort. At day's end, we had the requested material. Unfortunately for the Crown, the Judge found that their efforts came too late. He ordered the Crown to pay Derek's costs.

READ THE COURT TRANSCRIPT OF THE GRANTED COSTS MOTION
READ THE LAWYERS WEEKLY ARTICLE REGARDING THIS CASE