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

Ontario Court of Appeal

Case Name Citation Subject
R. v. Sherman 2010 CarswellOnt 4043 Subject: Criminal negligence causing bodily harm
R. v. Hart 2002 CarswellOnt 3849 Subject: Dangerous offenders
R. v. Clancy [2001] O.J. No. 3603 Subject: Hearsay rule and exceptions, Constructive murder
R. v. Zhang [2000] O.J. No. 1617 Subject: Aggravated Assault – sentence reduced
R. v. Gendey [1998] O.J. No. 3343 Subject: Sexual Assault – new trial ordered
R. v. Little 1998 CarswellOnt 100 Subject: Reasonable doubt
R. v. Rickwood 1997 CarswellOnt 2349 Subject: Similar Fact Evidence
R. v. Vargas 1996 CarswellOnt 3776 Subject: Domestic Assault – Sentence reduced to time served
R. v. Campbell 1996 CarswellOnt 2457 Subject: Extradition proceedings
R. v. Tran 1994 CarswellOnt 2694 Subject: Sentence
R. v. Partridge 1993 CarswellOnt 1001 Subject: Invasion of privacy – Wiretaps
R. v. Jones 1993 CarswellOnt 3254 Subject: Weak Identification evidence – new trial ordered
R. v. Singh 1993 CarswellOnt 2410 Subject: Arson
R. v. Petrou 1993 CarswellOnt 2975 Subject: Sentence reduced
R. v. Ross 1993 CarswellOnt 3286 Subject: Drugs
R. v. F. (J.F.) 1992 CarswellOnt 2136 Subject: Crown Appeal against Sentence dismissed
R. v. Fraser 1992 CarswellOnt 2326 Subject: Charter of Rights – Search and Seizure
R. v. Black 1990 CarswellOnt 691 Subject: Charter of Rights – unreasonable delay
R. v. Han 1990 CarswellOnt 2260 Subject: Sentence reduced
R. v. D. (J.) 1990 CarswellOnt 1879 Subject: Drugs – sentence reduced
R. v. Lavery 1989 CarswellOnt 1494 Subject: Murder – sentence reduced
R. v. Worth 1989 CarswellOnt 2347 Subject: Murder – search and seizure
R. v. Bugler 1989 CarswellOnt 1566 Subject: Child Abuse – new trial ordered
R. v. Hanneson 1989 CarswellOnt 102 Subject: Charter of Rights and Freedoms, Right to be informed of right to retain and instruct counsel
R. v. Krissilas 1988 CarswellOnt 1814 Subject: Disobeying a Court Order – conviction set aside
R. v. Camelo 1988 CarswellOnt 2137 Subject: Identification Evidence
R. v. Czerlau 1988 CarswellOnt 1508 Subject: Theft – new trial ordered
R. v. Baker 1988 CarswellOnt 2048 Subject: Conspiracy – Crown appeal dismissed
United States v. Pressey 1988 CarswellOnt 2203 Subject: Extradition
R. v. McLean 1988 CarswellOnt 1643 Subject: Sentence
R. v. Pizzurro 1987 CarswellOnt 2101 Subject: Abuse of Process
R. v. Bao 1987 CarswellOnt 2004 Subject: Sentence – Crown Appeal Dismissed
R. v. Norris 1987 CarswellOnt 2030 Subject: Sentence – Impaired Driving
R. v. Pandher 1987 CarswellOnt 2358 Subject: Child Abuse – New trial ordered
R. v. Waye 1987 CarswellOnt 1900 Subject: Break and Enter – sentence reduced
R. v. Esposito 1985 CarswellOnt 130 Subject: Constitutional, Charter of Rights and Freedoms, Right to counsel, Non-compellability as witness, rights of property
R. v. Gendron 1985 CarswellOnt 1372 Subject: Compelling appearance of accused
Re Times Square Book Store and R. 1985 CarswellOnt 118 Subject: Search and seizure
R. v. Huber 1985 CarswellOnt 29 Subject: Temporary driving suspensions
R. v. Parrington 1985 CarswellOnt 1399 Subject: Reasonable Doubt – Alibi
R. v. S. (R.B.) 1985 CarswellOnt 1997 Subject: Child Abuse – Sentence
R. v. Baillie 1985 CarswellOnt 1445 Subject: Sexual Assault – Sentence
R. v. Bryant 1984 CarswellOnt 76 Subject: Constitutional, Charter of Rights and Freedoms, Right to trial by jury
R. v. Kohler 1984 CarswellOnt 1177 Subject: Constitutional, Charter of Rights and Freedoms, What constitutes court of competent jurisdiction, Right to be tried within reasonable time
R. v. Moore 1984 CarswellOnt 1178 Subject: Evidence, Relevance, Proof of collateral facts, Hearsay rule and exceptions, Declarations as to state of mind, accessory to murder
R. v. Langevin 1984 CarswellOnt 50 Subject: Dangerous offenders, Grounds for preventative detention
R. v. Hamilton 1984 CarswellOnt 7 Subject: Evidence, Onus and standard of proof
R. v. Govieia 1984 CarswellOnt 1219 Subject: Sexual Assault – Sentence
R. v. Chris 1984 CarswellOnt 1283 Subject: Fraud – Nature and elements of offence, Deprivation
R. v. Alexander 1984 CarswellOnt 1244 Subject: Honest belief in legality of conduct
R. v. Armstrong 1983 CarswellOnt 32 Subject: Compelling appearance of accused
R. v. Stevanovich 1983 CarswellOnt 102 Subject: Principles of liability, Vicarious liability
Mullen v. R. 1983 CarswellOnt 1343 Subject: Obstruct Police
R. v. Young 1983 CarswellOnt 1225 Subject: Offences against rights of property, What constitutes instrument
R. v. Keays 1983 CarswellOnt 1215 Subject: Firearms – Sentence
R. v. Carpenter 1982 CarswellOnt 97 Subject: Admissibility of character evidence
R. v. Flannery 1982 CarswellOnt 2092 Subject: What constitutes interprovincial undertaking
422692 Ontario Ltd. v. R. 1982 CarswellOnt 10 Subject: What constitutes interprovincial undertaking
R. v. Paonessa 1982 CarswellOnt 65 Subject: Powers of court, Who constitutes person in authority
R. v. Belair 1981 CarswellOnt 78 Subject: What constitutes Firearm
Hooper v. R. 1981 CarswellOnt 64 Subject: Motivation of accused
R. v. Ellerbeck 1981 CarswellOnt 1098 Subject: Pre-trial practice

Ontario Superior Court of Justice

Case Name Citation Subject
Pandher v. Ontario Khalsa Darbar 2009 CarswellOnt 8914 Subject: Charitable Corporations – election of directors
R. v. E. 1984 CarswellOnt 1486 Subject: Young Offenders – First Degree Murder

Ontario Court of Justice

Case Name Citation Subject
R. v. De Zen 2010 CarswellOnt 10079 Subject: Fraud
R. v. De Zen 2010 CarswellOnt 7348 Subject: Voluntariness, Who constitutes person in authority
R. v. De Zen 2010 CarswellOnt 7464 Subject: Rights of accused, Proceedings in absence of accused

Members of The Criminal Lawyers Association, Toronto Lawyers Association, Ontario Bar Association 
and Advocates' Society.


Very Pleased Working with Rebecca

"I have been very pleased working with Rebecca. She worked very efficiently, professionally and cared for every step, as we went through the process with Ontario College of Pharmacists. Initially I thought I would be going through a nightmare ,when I received my paperwork from Ontario College of Pharmacists, but Rebecca made the process seamless and the outcome was positive. Thank-you Rebecca and I would highly recommend your excellent professional service to others."
- NP

Very Professional and Helpful

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. –

Pleased with the Outcome

"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."
- AF

Helped a Lot to Calm my Nerves

"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."
– JS

Very Pleased with Mr. Frost’s Representation

"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."
– BB

I am very Pleased

"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 was Relieved with his Representation

"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."
– CC

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