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Category: Past Wins

The Queen v. C.(F.) 2014

Client charged with theft of electricity, production of marihuana and possession for the purposes of trafficking.  The police had obtained a warrant authorizing them to search the client's house for theft of electricity.  When they did so they found a 700...

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The Queen v. B.(T.) 2014

Client  provided a sample of his breath to police that showed at the time of driving he was over 4 times the legal limit.  As a result he was charged with impaired driving.  On the day of trial the prosecutor became aware that she had serious problems...

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The Queen v. B.(H.) 2014

Client was convicted at trial of driving while prohibited.  He testified that he drove because of a life threatening medical emergency.  On appeal Mr. van der Walle argued that the trial judge had made fundamental errors of law in her assessment of the...

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The Queen v. H.(C.) 2014

Client crashed her car.  At the hospital she consented to blood samples being taken from her.  Analysis showed that she had more than twice the legal limit of alcohol in her system at the time the accident occurred.  After lengthy discussions with the...

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The Queen v. W. (J.) 2014

Client charged with sexual assault.  Crown alleged that victim had been drugged and taken advantage of sexually while only semi-concious.  The trial judge found that the victim said many things in court that were inconsistent with what she told police and...

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The Queen v. B.(G.) 2014

Client charged with impaired driving, dangerous driving, refusing a breath demand, and driving while prohibited.  After hearing  extensive argument from Mr. van der Walle the judge dismissed all charges.  Client did not testify.  Not guilty. <div...

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The Queen v. F(.D.) 2013

Client charged with production of marihuana and possession of marihuana for the purposes of trafficking.  Police had found almost 1000 plants during the execution of a search warrant on a rural property.  After hearing submissions from Mr. van der Walle...

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The Queen v. G.(B.) 2013

Client charged with trafficking cocaine to undercover police officers on two separate occasions.  To prove that the substance was cocaine the Crown had to prove that the defense was given reasonable notice of the Crown's intention to rely on a certificate...

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The Queen v. M.(K.) 2013

Client charged with assault causing bodily harm, assault with a weapon, dangerous driving causing bodily harm and uttering threats.  At the conclusion of the trial the judge dismissed all counts.  Not guilty. <div class="et_social_inline...

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The Queen v. B.(C.) 2013

Client arrested while watering plants for production of marihuana and possession of marihuana for the purposes of trafficking.  Mr. van der Walle wrote a lengthy letter to the prosecutor quoting case law as far back as the 1970's to demonstrate that the...

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The Queen v. J.(A.) 2013

Client charged with production of marihuana and theft of electricity.  Mr. van der Walle writes a detailed letter to the prosecutor a month before the trial outlining why the prosecutor's evidence was insufficient for a conviction.  Prosecutor agrees and...

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The Queen v. H.(C.) 2013

Client charged with possession of marihuana for the purposes of trafficking and resisting arrest.  After hearing arguments from Mr. van der Walle the judge rules that the arrest was illegal and the marihuana was inadmissible.  Because the arrest was...

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