In Montreal, a man was charged with committing a significant fraud (Section 380 Criminal Code). He denied any criminal implication and had hired our senior partner Laurent Morin to defend him.
After analysing the inquiry reports and the client’s version, our criminal lawyer chose to request a preliminary investigation and challenge the need for the client to go to court. Now, the alleged victims did not initially show up in court, which first forced the Prosecutor to withdraw the charges. However, the victims recontacted the Prosecutor later on to have the case re-opened. So the same fraud charges were laid once again against our client.
Mr Morin then filed a request to stop the procedures alleging abuse of process by the Prosecution. Reading a long decision, the Judge concluded there had been abuse of process indeed and ordered to close the case. Also, delays of procedure as per Jordan case were considered.
Not all our clients can be guaranteed such results.
