Noteworthy Results

2022

R. v. M.P.M. - Client acquitted of sexual assault and sexual interference of historical allegations after trial. After cross-examination of the complainant and testimony of defence witnesses, the Court had concerns regarding the credibility and reliability of the complainant and found that she had a motive to fabricate.

R. v. M.G. - Crown withdrew charges of sexual assault x 5 (against former spouse), and sexual assault, sexual interference and assault (against child) after successful defence pre-trial motions in the Toronto region. The Crown determined that they no longer had a reasonable prospect of conviction. The defence maintained that the allegations were fabricated so that the adult complainant could obtain sole custody and pressure the client into forfeiting his financial share of the matrimonial assets.

R. v. J.G. - Client acquitted of sexual assault and sexual interference in Toronto after a trial. Client testified in his defence.

R. v. S.M. - Client acquitted of sexual assault in York Region after a trial. Client testified in his defence.

R. v. C.B. - Client acquitted after a trial of indecent exposure, invitation to sexual touching and sexual assault against a 5 year old child in Durham Region. Client convicted of making sexually explicit material available to a child, and plead guilty to a breach of a s. 161 prohibition order.

2020 - 2021

Most trial work on pause due to the Covid-19 pandemic and court closures.

R. v. J.R. - In London Region, the Crown capitulated and permitted my client to plead guilty to a simple assault, obtaining a conditional discharge on sentence, after filing a s. 11(b) unreasonable delay application asking the Court to stay the sexual assault proceedings against my client.

2019

R. v. G. D. - Persuaded the Crown Attorney to withdraw all charges of sexual assault, break and enter and assault against my client by strategically deciding to share with the prosecutor a detailed memorandum of the inconsistencies in the complainant’s story and aspects of my client’s anticipated defence. The client was saved the expense, time and uncertainty of taking his matter to trial.

R. v. K.H. - Junior counsel in a trial where client was acquitted of two counts of first degree murder. Ashley successfully argued a Scopelliti (bad character) application pointing to the alternate suspect as the actual shooter and showing the deceaseds’ involvement in a violent, criminal lifestyle.

2018

R. v. M.N. - Preliminary hearing where client was facing a charge of first degree murder. Ashley successfully argued that client should only be committed to stand trial on second-degree murder.

R. v. S.A. - Serious drug and possession of proceeds of crime charges stayed by the prosecutor in the midst of a preliminary inquiry as a result of Ashley’s cross-examination of the police officers and discovery of contradictory evidence.

R. v. R.M. - Client facing robbery with a firearm and use of fraudulent credit card charges. Ashley won a voluntariness motion and the judge excluded key evidence, her client’s statement that the prosecution needed to support the robbery conviction. As a result, the Crown Attorney withdrew the robbery charge and the client received an absolute discharge for the fraudulent use of a credit card, leaving him with no criminal record.

R. v. R.C. - Client was charged with counselling a misrepresentation contrary to s. 126 of the Immigration and Refugee Protection Act. At trial, Ashley successfully argued for a directed verdict and the charges were dismissed without calling any defence evidence.

R. v. K.S. - Client and co-accused charged with possession of a firearm. Ashley’s successful cross-examination of the officers at the preliminary inquiry, exposing the extent of the Charter breaches, led to the charges being withdrawn at the first Superior Court appearance.

R. v. K.A. - Ashley successfully argued a s. 276 application to introduce evidence of complainant’s prior sexual history in client’s sexual assault trial (client ultimately acquitted).

R. v. D.A. - Ashley argued that her client’s right to trial within a reasonable time was violated. She successfully argued that the upper ceiling to complete a young person’s trial should be 12 months. The client’s sexual assault charges were stayed by the Court.

2017

R. v. L.V. - Client was charged with importing heroin. Ashley successfully argued that her client’s right to trial within a reasonable time was infringed (at only 13 days over the presumptive ceiling set by the Supreme Court of Canada) and the Court stayed the charges.

R. v. L.S. - After a preliminary hearing and extensive negotiations, Ashley persuaded the Federal prosecutor to stay the charges against her client, who was charged with importing 20+kg of cocaine and facing 18-22 years in jail.

R. v. J.M. - Client with mental health issues facing a charge of assault causing bodily harm. Ashley successfully brought an application at the conclusion of the trial, arguing that her client’s right to be tried within a reasonable time was violated, resulting in a stay of the proceedings.

R. v. E.M. - Ashley brought successful Charter motions arguing that her client’s rights not to be unreasonably detained and searched were infringed. The seized heroin and cocaine were excluded from evidence and the client was acquitted.

R. v. H.H. - Client was facing charges of possession cocaine for the purpose of trafficking, where the drugs were found in his apartment, including on his kitchen counter. Ashley argued there was insufficient evidence to establish knowledge and control over the drugs and the client was acquitted.

2016

R. v. W.H. - Ashley prepared a Charter motion arguing the client’s charges relating to a car theft ring should be stayed due to the Crown inability to provide timely disclosure, resulting in an unreasonable delay in the trial. Upon seeing her materials, the Crown agreed to stay the charges without argument in court.

R. v. S.B. - Client was facing 6 robbery with a firearm charges at a preliminary inquiry. Ashley successfully argued that her client’s inculpatory statement was involuntary and it was excluded from evidence. As a result, the client received a favourable plea deal on one reduced charge.

R. v. T.M. - Ashley successfully challenged the search warrant leading to the seizure of a firearm in her client’s bedroom. The evidence was excluded and the client was acquitted.

R. v. V.S. - Client was charged with pointing a firearm and uttering a threat, among other offences. Ashley’s cross-examination of Crown witnesses and opposition to the Crown’s evidentiary motions resulted in the client being acquitted of all charges.

2015

R. v. A.P. - Ashley’s cross-examination of the complainant and successful application to introduce evidence of the complainant’s prior sexual activity resulted in her client being acquitted of sexual assault without having to testify.

Large Project Prosecutions

Over the years, Ashley has represented clients on several big project cases in the GTA, involving Guns & Gangs, Human Trafficking, and police agent/sting operations. These include Project Kingfisher, Project Traveller, Project Rx, Project Pepper, Project Pharaoh, Project O’Woodcraft, Project Garneau, and Project Red Owl.

*The above cases are the most recent notable results. Please note, past results are not a guarantee of future successes.