Factum-Drafting & Pre-Trial Motions

Litigation Support for Fellow Counsel

Running a busy criminal defence practice often leaves little time for the meticulous research and drafting required for complex pre-trial motions. I provide a specialized B2B service for fellow lawyers who need high-level factum drafting and litigation support.

Whether you require a thoroughly researched factum to file under your own name as ghost counsel, or you need an experienced advocate to step in and argue the application in court while you focus on the trial proper, I offer flexible arrangements tailored to your firm's needs.

Core Areas of Expertise

I have extensive, court-tested experience drafting and litigating complex evidentiary and constitutional issues, with a particular focus on the following areas:

• Sexual Offence Applications (ss. 276 & 278.92 / Mills): Navigating the stringent twin-regimes of prior sexual activity and private records is heavily scrutinized. I draft precise, persuasive applications to ensure critical defence evidence meets the threshold for admissibility.
  Proven Result (R. v. K.C.): Successfully drafted and argued pre-trial motions to admit text message screenshots and prior sexual history, leading directly to the withdrawal of sexual assault charges.
• Charter Applications (Impaired, Drugs, and Firearms): Meticulous drafting of ss. 8, 9, and 10 Charter notices, focusing on the exclusion of evidence under s. 24(2) due to unlawful search and seizure, arbitrary detention, or right to counsel violations.
  Proven Results: Secured stays of proceedings and withdrawals in cases such as R. v. C.K. (Over 80) and R. v. Z.D. (DUI) following the filing of robust ss. 7, 8, and 10 Charter applications.
• Section 11(b) Delay Applications: Drafting comprehensive Jordan applications for unreasonable delay across all types of criminal charges, including calculating net delay, analyzing institutional delay, and attributing defence delays accurately.

Service Options & Delivery

My goal is to seamlessly integrate with your trial strategy and alleviate your workload. Services can be structured in two ways:

• Drafting Only (Ghost Counsel): I review the disclosure and draft the Notice of Application and Factum. The final product is delivered to you ready for filing under your firm's letterhead.
• Drafting & Advocacy: I draft the required materials and appear in the Ontario Court of Justice or Superior Court of Justice to argue the motion on behalf of your client, allowing you to focus your energy on cross-examinations and trial advocacy.

I am accustomed to tight filing deadlines and provide highly communicative, reliable support to ensure your practice runs smoothly.