Notable Cases

Joe Wilkinson and Wilkinson Legal have argued hundreds of cases. Below is a small sampling of our successes.

Appeals to the Supreme Court of Canada

R. v. Tse 2012 SCC 16

Appeared as counsel for the intervenor Criminal Lawyer’s Association on the constitutionality of the emergency wire tap provisions of the Criminal Code where the section was struck down and the Supreme Court adopted the submissions of the intervenor in its judgment.

R. v. Van 2009 SCC 22

Represented an appellant on an appeal of a conviction for aggravated assault. One of the leading cases on the inadequate investigation defence and the curative proviso under the Criminal Code of Canda

R. v. Stender 2005 SCC 36

Sexual assault acquittal overturned where Court found threat to disseminate nude photos of the complainant if she did not have sex, vitiated her consent.

Significant Appeals at the Ontario Court of Appeal

R. v. Wookey 2021 ONCA 68

Successful appeal against convictions for drug trafficking and proceeds of crime, stay of proceedings entered due to unreasonable delay under s. 11(b).

R. v. Pilon 2018 ONCA 959

Successfully argued the trial judge erred and the client’s s. 8 right against unreasonable search and seizure were breached by the police illegal strip search of the client, in the field.

R. v. Ritchie 2018 ONCA 6000

Successful appeal against trafficking in cocaine and new trial ordered where trial judge erred in denying client standing to challenge the admission of PGP communications seized on a would-be co-accused’s phone and in not excluding the evidence from trial.

R. v. Christiansen 2017 ONCA 941

Successful appeal against convictions for possession of proceeds of crime and cocaine for the purpose of trafficking where police improperly resorted to a general warrant to search and the trial judge also erred in leaving joint possession as a basis for liability.

R. v. Saikaley, 2017 ONCA 374

Complex appeal of criminal organization and drug related convictions on numerous Charter grounds, appeal allowed in part as trial judge erred in applying presumption of knowledge under s.347(3) of the Code to reject client’s defence.

R. v. Tarrozza [2016] O.J. No. 6823 (C.A.)

Successful appeal against conviction for possession of cocaine for the purpose of trafficking and new trial ordered where trial judge misapprehended the evidence against the accused.

U.S.A. v. Viscomi 2015 ONCA 484

Co-counsel on successful appeal of an order for extradition to the United States for child luring and pornography offences.  Order for extradition quashed.

R. v. Robinson 2014 ONCA 63

Successful appeal of second degree murder conviction where conviction for manslaughter substituted because trial judge gave erroneous charge about evidence of adoption by silence.

R. v. Lucas 2014 ONCA 561

Appeal against conspiracy to traffic in drugs dismissed. One of the controlling authorities concerning the constitutionality of the general warrant provisions of the Criminal Code.

R. v. Jorgge 2013 ONCA 485

Successfully overturned conviction for sexual assault because trial judge erred by using the client’s right to be present at his trial and hear the case and argument against him when determining the credibility of his denials.  One of the leading cases on impermissible use of accused’s right to be present at his trial.

R. v. Igbinedion 2011 ONCA 571

Successful appeal against conviction for fraud and new trial order where trial judge failed to give a limiting instruction on the use to be made of police opinion evidence.

R. v. Rowe 2011 ONCA 753

Successful appeal against robbery conviction and new trial ordered where trial judge erroneously charged the jury on the use of a recanting witnesses evidence and made the charge to the jury unduly complex.  Important consideration of complex jury charges and use of charging precedents.

R. v. Rybak 2008 ONCA 354

Argued leading case on the right to an interpreter under the Charter of Rights and Freedoms.

R. v. Campbell 2008 ONCA 199

Successful appeal against conviction for aggravated assault where new trial ordered because trial judge erred in leaving the wrong self-defence section under the Criminal Code which deprived the appellant of a fair trial.

R. v. J.V. 2007 ONCA 194

Successful appeal against conviction for sexual assault and new trial ordered where trial a nullity because accused not properly put to his election and no evidence he was aware of then right to a preliminary hearing.

R. v. Czibulka [2004] O.J. No. 3723

Successful appeal against conviction for second degree murder and new trial order where trial judge erroneously admitted hearsay in the form of ante-mortem statements by the deceased and also mis-directed the jury on the mental element for second degree murder.

R. v. Timotheou [2004] O.J. No. 2604 (C.A.)

Successful appeal of sexual assault conviction and new trial ordered where the trial judge misapprehended the evidence of the complainant concerning consent.

R. v. Kandil [2003] O.J. No. 2399 (C.A.)

Successful appeal against conviction of possession of stolen automobiles and new trial ordered where trial judge erroneously charged the jury concerning the doctrine of recent possession.

R. v. Brown 2002 CanLii 16957 (C. A.) 

Successful appeal against conviction for possession of cocaine for the purpose of trafficking, a new trial ordered where trial judge erroneously instructed the jury as to the correct burden and standard of proof to apply. 

R. v. Nee-Whang [2000] O.J. No. 4088

Successful appeal against conviction for possession of cocaine for the purpose of trafficking and new trial ordered where trial judge erred in not granted accused overnight adjournment to call alibi witness.

Significant Trial Decisions

R. v. El-Zahawi 2023 ONSC 2686

Charges of gun trafficking in complex project case stayed where Crown refused disclosure central to the client’s ability to challenge the admissibility of wire tap evidence.

R. v. Samuels (September 2023, Justice Magotiaux (Oshawa OCJ)

Client acquitted of possession of fentanyl for the purpose of trafficking after a trial.

R. v. Durant 2020 ONSC 6842

Defended client charged with first degree murder on retrial. Client acquitted of first-degree murder, convicted of second-degree.

R. v. Wu [2019] O.J. No. 3098 (CJ)

Successfully defended charges of impaired driving and operating vehicle over .80.  Client acquitted based on several Charter breaches found by the trial judge.

R. v. Churly [2010] O.J. No. 273 (SCJ)

Charges of theft and extortion stayed due to unreasonable delay under s. 11(b) of the Charter.

R. v. Spackman

Client acquitted of second degree murder after initial acquittal overturned on appeal and a hung jury on first retrial.

R. v. Canning 2005 ONCJ 144

Successfully argued the new preliminary inquiry provisions under s. 540 of the Criminal Code did not remove the need for the Crown to prove the voluntariness of the client’s statement before it could be admitted in the preliminary hearing. The voluntariness rule still applies. R. v. L.(M.) [2001] O.J. No. 2352 (SCJ)

Sexual assault and interference charges stayed due to unreasonable delay under s. 11(b) of the Charter.

R v D.M. 2023 ONCJ (St. Catharines)

Criminal harassment charges relating to a long running neighbour dispute stayed on first day scheduled for trial.

Wilkinson Legal Cases Image

Notable Cases

Joe Wilkinson and Wilkinson Legal have argued hundreds of cases. Below is a small sampling of our successes.

Appeals to the Supreme Court of Canada

R. v. Tse 2012 SCC 16

Appeared as counsel for the intervenor Criminal Lawyer’s Association on the constitutionality of the emergency wire tap provisions of the Criminal Code where the section was struck down and the Supreme Court adopted the submissions of the intervenor in its judgment.

R. v. Van 2009 SCC 22

Represented an appellant on an appeal of a conviction for aggravated assault. One of the leading cases on the inadequate investigation defence and the curative proviso under the Criminal Code of Canda

R. v. Stender 2005 SCC 36

Sexual assault acquittal overturned where Court found threat to disseminate nude photos of the complainant if she did not have sex, vitiated her consent.

Significant Appeals at the Ontario Court of Appeal

R. v. Wookey 2021 ONCA 68

Successful appeal against convictions for drug trafficking and proceeds of crime, stay of proceedings entered due to unreasonable delay under s. 11(b).

R. v. Pilon 2018 ONCA 959

Successfully argued the trial judge erred and the client’s s. 8 right against unreasonable search and seizure were breached by the police illegal strip search of the client, in the field.

R. v. Ritchie 2018 ONCA 6000

Successful appeal against trafficking in cocaine and new trial ordered where trial judge erred in denying client standing to challenge the admission of PGP communications seized on a would-be co-accused’s phone and in not excluding the evidence from trial.

R. v. Christiansen 2017 ONCA 941

Successful appeal against convictions for possession of proceeds of crime and cocaine for the purpose of trafficking where police improperly resorted to a general warrant to search and the trial judge also erred in leaving joint possession as a basis for liability.

R. v. Saikaley, 2017 ONCA 374

Complex appeal of criminal organization and drug related convictions on numerous Charter grounds, appeal allowed in part as trial judge erred in applying presumption of knowledge under s.347(3) of the Code to reject client’s defence.

R. v. Tarrozza [2016] O.J. No. 6823 (C.A.)

Successful appeal against conviction for possession of cocaine for the purpose of trafficking and new trial ordered where trial judge misapprehended the evidence against the accused.

U.S.A. v. Viscomi 2015 ONCA 484

Co-counsel on successful appeal of an order for extradition to the United States for child luring and pornography offences.  Order for extradition quashed.

R. v. Robinson 2014 ONCA 63

Successful appeal of second degree murder conviction where conviction for manslaughter substituted because trial judge gave erroneous charge about evidence of adoption by silence.

R. v. Lucas 2014 ONCA 561

Appeal against conspiracy to traffic in drugs dismissed. One of the controlling authorities concerning the constitutionality of the general warrant provisions of the Criminal Code.

R. v. Jorgge 2013 ONCA 485

Successfully overturned conviction for sexual assault because trial judge erred by using the client’s right to be present at his trial and hear the case and argument against him when determining the credibility of his denials.  One of the leading cases on impermissible use of accused’s right to be present at his trial.

R. v. Igbinedion 2011 ONCA 571

Successful appeal against conviction for fraud and new trial order where trial judge failed to give a limiting instruction on the use to be made of police opinion evidence.

R. v. Rowe 2011 ONCA 753

Successful appeal against robbery conviction and new trial ordered where trial judge erroneously charged the jury on the use of a recanting witnesses evidence and made the charge to the jury unduly complex.  Important consideration of complex jury charges and use of charging precedents.

R. v. Rybak 2008 ONCA 354

Argued leading case on the right to an interpreter under the Charter of Rights and Freedoms.

R. v. Campbell 2008 ONCA 199

Successful appeal against conviction for aggravated assault where new trial ordered because trial judge erred in leaving the wrong self-defence section under the Criminal Code which deprived the appellant of a fair trial.

R. v. J.V. 2007 ONCA 194

Successful appeal against conviction for sexual assault and new trial ordered where trial a nullity because accused not properly put to his election and no evidence he was aware of then right to a preliminary hearing.

R. v. Czibulka [2004] O.J. No. 3723

Successful appeal against conviction for second degree murder and new trial order where trial judge erroneously admitted hearsay in the form of ante-mortem statements by the deceased and also mis-directed the jury on the mental element for second degree murder.

R. v. Timotheou [2004] O.J. No. 2604 (C.A.)

Successful appeal of sexual assault conviction and new trial ordered where the trial judge misapprehended the evidence of the complainant concerning consent.

R. v. Kandil [2003] O.J. No. 2399 (C.A.)

Successful appeal against conviction of possession of stolen automobiles and new trial ordered where trial judge erroneously charged the jury concerning the doctrine of recent possession.

R. v. Brown 2002 CanLii 16957 (C. A.) 

Successful appeal against conviction for possession of cocaine for the purpose of trafficking, a new trial ordered where trial judge erroneously instructed the jury as to the correct burden and standard of proof to apply. 

R. v. Nee-Whang [2000] O.J. No. 4088

Successful appeal against conviction for possession of cocaine for the purpose of trafficking and new trial ordered where trial judge erred in not granted accused overnight adjournment to call alibi witness.

Significant Trial Decisions

R. v. El-Zahawi 2023 ONSC 2686

Charges of gun trafficking in complex project case stayed where Crown refused disclosure central to the client’s ability to challenge the admissibility of wire tap evidence.

R. v. Samuels (September 2023, Justice Magotiaux (Oshawa OCJ)

Client acquitted of possession of fentanyl for the purpose of trafficking after a trial.

R. v. Durant 2020 ONSC 6842

Defended client charged with first degree murder on retrial. Client acquitted of first-degree murder, convicted of second-degree.

R. v. Wu [2019] O.J. No. 3098 (CJ)

Successfully defended charges of impaired driving and operating vehicle over .80.  Client acquitted based on several Charter breaches found by the trial judge.

R. v. Churly [2010] O.J. No. 273 (SCJ)

Charges of theft and extortion stayed due to unreasonable delay under s. 11(b) of the Charter.

R. v. Spackman

Client acquitted of second degree murder after initial acquittal overturned on appeal and a hung jury on first retrial.

R. v. Canning 2005 ONCJ 144

Successfully argued the new preliminary inquiry provisions under s. 540 of the Criminal Code did not remove the need for the Crown to prove the voluntariness of the client’s statement before it could be admitted in the preliminary hearing. The voluntariness rule still applies. R. v. L.(M.) [2001] O.J. No. 2352 (SCJ)

Sexual assault and interference charges stayed due to unreasonable delay under s. 11(b) of the Charter.

R v D.M. 2023 ONCJ (St. Catharines)

Criminal harassment charges relating to a long running neighbour dispute stayed on first day scheduled for trial.