Appellate Cases

Appellate Lawyer Serving the Greater Toronto Area and Southern Ontario

Provided below is a partial list of reported cases in which Damien R. Frost has appeared as Counsel.

Supreme Court of Canada

Case NameCitationSubject
R. v. Sit[1991] 3 S.C.R. 124Subject: Charter of Rights and Freedoms, Murder - new trial ordered
R. v. John[1985] 2 S.C.R. 476Subject: Rebuttal evidence
R. v. Krug[1985] 2 S.C.R. 255Subject: Charter of Rights and Freedoms, Charter protection against double jeopardy and double punishment
R. v. Paonessa[1983] 1 S.C.R. 660Subject: Judicial interim release (bail)

Ontario Court of Appeal

Case NameCitationSubject
R. v. Sherman2010 CarswellOnt 4043Subject: Criminal negligence causing bodily harm
R. v. Hart2002 CarswellOnt 3849Subject: Dangerous offenders
R. v. Clancy[2001] O.J. No. 3603Subject: Hearsay rule and exceptions, Constructive murder
R. v. Zhang[2000] O.J. No. 1617Subject: Aggravated Assault - sentence reduced
R. v. Gendey[1998] O.J. No. 3343Subject: Sexual Assault – new trial ordered
R. v. Little1998 CarswellOnt 100Subject: Reasonable doubt
R. v. Rickwood1997 CarswellOnt 2349Subject: Similar Fact Evidence
R. v. Vargas1996 CarswellOnt 3776Subject: Domestic Assault – Sentence reduced to time served
R. v. Campbell1996 CarswellOnt 2457Subject: Extradition proceedings
R. v. Tran1994 CarswellOnt 2694Subject: Sentence
R. v. Partridge1993 CarswellOnt 1001Subject: Invasion of privacy - Wiretaps
R. v. Jones1993 CarswellOnt 3254Subject: Weak Identification evidence – new trial ordered
R. v. Singh1993 CarswellOnt 2410Subject: Arson
R. v. Petrou1993 CarswellOnt 2975Subject: Sentence reduced
R. v. Ross1993 CarswellOnt 3286Subject: Drugs
R. v. F. (J.F.)1992 CarswellOnt 2136Subject: Crown Appeal against Sentence dismissed
R. v. Fraser1992 CarswellOnt 2326Subject: Charter of Rights – Search and Seizure
R. v. Black1990 CarswellOnt 691Subject: Charter of Rights – unreasonable delay
R. v. Han1990 CarswellOnt 2260Subject: Sentence reduced
R. v. D. (J.)1990 CarswellOnt 1879Subject: Drugs – sentence reduced
R. v. Lavery1989 CarswellOnt 1494Subject: Murder – sentence reduced
R. v. Worth1989 CarswellOnt 2347Subject: Murder – search and seizure
R. v. Bugler1989 CarswellOnt 1566Subject: Child Abuse – new trial ordered
R. v. Hanneson1989 CarswellOnt 102Subject: Charter of Rights and Freedoms, Right to be informed of right to retain and instruct counsel
R. v. Krissilas1988 CarswellOnt 1814Subject: Disobeying a Court Order – conviction set aside
R. v. Camelo1988 CarswellOnt 2137Subject: Identification Evidence
R. v. Czerlau1988 CarswellOnt 1508Subject: Theft – new trial ordered
R. v. Baker1988 CarswellOnt 2048Subject: Conspiracy – Crown appeal dismissed
United States v. Pressey1988 CarswellOnt 2203Subject: Extradition
R. v. McLean1988 CarswellOnt 1643Subject: Sentence
R. v. Pizzurro1987 CarswellOnt 2101Subject: Abuse of Process
R. v. Bao1987 CarswellOnt 2004Subject: Sentence – Crown Appeal Dismissed
R. v. Norris1987 CarswellOnt 2030Subject: Sentence – Impaired Driving
R. v. Pandher1987 CarswellOnt 2358Subject: Child Abuse – New trial ordered
R. v. Waye1987 CarswellOnt 1900Subject: Break and Enter – sentence reduced
R. v. Esposito1985 CarswellOnt 130Subject: Constitutional, Charter of Rights and Freedoms, Right to counsel, Non-compellability as witness, rights of property
R. v. Gendron1985 CarswellOnt 1372Subject: Compelling appearance of accused
Re Times Square Book Store and R.1985 CarswellOnt 118Subject: Search and seizure
R. v. Huber1985 CarswellOnt 29Subject: Temporary driving suspensions
R. v. Parrington1985 CarswellOnt 1399Subject: Reasonable Doubt - Alibi
R. v. S. (R.B.)1985 CarswellOnt 1997Subject: Child Abuse - Sentence
R. v. Baillie1985 CarswellOnt 1445Subject: Sexual Assault - Sentence
R. v. Bryant1984 CarswellOnt 76Subject: Constitutional, Charter of Rights and Freedoms, Right to trial by jury
R. v. Kohler1984 CarswellOnt 1177Subject: Constitutional, Charter of Rights and Freedoms, What constitutes court of competent jurisdiction, Right to be tried within reasonable time
R. v. Moore1984 CarswellOnt 1178Subject: Evidence, Relevance, Proof of collateral facts, Hearsay rule and exceptions, Declarations as to state of mind, accessory to murder
R. v. Langevin1984 CarswellOnt 50Subject: Dangerous offenders, Grounds for preventative detention
R. v. Hamilton1984 CarswellOnt 7Subject: Evidence, Onus and standard of proof
R. v. Govieia1984 CarswellOnt 1219Subject: Sexual Assault - Sentence
R. v. Chris1984 CarswellOnt 1283Subject: Fraud - Nature and elements of offence, Deprivation
R. v. Alexander1984 CarswellOnt 1244Subject: Honest belief in legality of conduct
R. v. Armstrong1983 CarswellOnt 32Subject: Compelling appearance of accused
R. v. Stevanovich1983 CarswellOnt 102Subject: Principles of liability, Vicarious liability
Mullen v. R.1983 CarswellOnt 1343Subject: Obstruct Police
R. v. Young1983 CarswellOnt 1225Subject: Offences against rights of property, What constitutes instrument
R. v. Keays1983 CarswellOnt 1215Subject: Firearms - Sentence
R. v. Carpenter1982 CarswellOnt 97Subject: Admissibility of character evidence
R. v. Flannery1982 CarswellOnt 2092Subject: What constitutes interprovincial undertaking
422692 Ontario Ltd. v. R.1982 CarswellOnt 10Subject: What constitutes interprovincial undertaking
R. v. Paonessa1982 CarswellOnt 65Subject: Powers of court, Who constitutes person in authority
R. v. Belair1981 CarswellOnt 78Subject: What constitutes Firearm
Hooper v. R.1981 CarswellOnt 64Subject: Motivation of accused
R. v. Ellerbeck1981 CarswellOnt 1098Subject: Pre-trial practice

Ontario Superior Court of Justice

Case NameCitationSubject
Pandher v. Ontario Khalsa Darbar2009 CarswellOnt 8914Subject: Charitable Corporations – election of directors
R. v. E.1984 CarswellOnt 1486Subject: Young Offenders – First Degree Murder

Ontario Court of Justice

Case NameCitationSubject
R. v. De Zen2010 CarswellOnt 10079Subject: Fraud
R. v. De Zen2010 CarswellOnt 7348Subject: Voluntariness, Who constitutes person in authority
R. v. De Zen2010 CarswellOnt 7464Subject: Rights of accused, Proceedings in absence of accused
I hired Ms Rebecca Young regarding a legal matter in October 2015. I found her and the firm to be very professional and helpful. The whole process took about one year to resolve. I followed her advice and the outcome was in my favour. I would recommend her for her professionalism, knowledge and pleasant attitude.

I.S.

Daniel, thank you for your excellent work. I am pleased with the outcome. I didn't feel 'prosecuted' and I believe that is due to your excellent advocacy skills and rapport with the Court.

A.F.

I was accused by my former employer of interfering and damaging their computer systems. I was charged under the Criminal Code for mischief, unauthorized access and destruction of data, which was a very scary, stressful, and upsetting experience. I thought that my world was over and all the hard work I had done in my life was coming to an end. Mr. Frost's initial consultation (which was no obligation and free of charge) helped a lot to calm my nerves and comfort me and my family in trying times. His team was very understanding, sympathetic, concerned and supporting, she always took my frantic phone calls with calmness and assurance and helped me understand the progress of my case clearly. At every step, I received sound professional advice. At the end of the case, the charges were dropped. As a result, I do not have a criminal record, my reputation is intact, and my current job is still secure. Words cannot truly express my gratitude for having such amazing lawyers. From explaining the terminology used in court, to sitting with me outside the court room when I couldn't hold back my tears, they stood by my side. Thank you for exceeding my expectations, and then some.

J.S.

We were very pleased with Mr. Frost's representation. He provided us with the best possible legal representation. He was dedicated to obtaining a tremendous resolution in what was complex litigation while being always mindful that we required a cost-effective solution.

B.B.

I was charged along with nine other physicians with fraud against OHIP. I was also the subject of a complaint before the College of Physicians and Surgeons arising from the same allegations. I was assigned counsel by the Canadian Medical Protective Association (CMPA). On the advice of a friend who was a Crown Counsel I insisted that I be allowed to retain Mr. Frost. I am very pleased that I was allowed to do so. Mr. Frost (together with Ms. Samantha Peeris) provided me with first class representation. He convinced the Crown to drop the charges against me. His office always kept me informed in a timely fashion of any developments. He clearly understood the impact of these allegations on my professional reputation. Mr. Frost always maintained a very low profile. Mr. Frost went on to represent me before the College of Physicians and Surgeons ensuring that no disciplinary was taken. I continue to practice medicine in my area of expertise.

Dr. C.

I am a healthcare provider with a practice in the Greater Toronto Area, Ontario. I was represented by Mr. Frost before my professional licensing College with respect to a complaint by an insurance company. I was quite concerned that the complaint could affect my professional standing and reputation. Mr. Frost understood what needed to be done. He also understood the impact the complaint was having on me personally. He acted quickly. He was able to convince the College to take no further action. I was relieved that his representation was very low profile and my professional reputation was not undermined with the public or the College. As a result of his representation my status with that particular insurer was regularized.

C.C.