ROBERT SINDING, BARRISTER & SOLICITOR

 Recent Cases and Success Stories

Robert Sinding recently rigorously litigated a high profile international weapons trafficking case in the Winnipeg courts.  He sought to stay the charges due to delay and due to double jeopardy (also known as autrefois convict, res judicata, issue estoppel etc. – the client had been convicted in the U.S. for similar actions in selling firearms to undercover RCMP officers).  He also sought to exclude the wiretap evidence, and entrapment issues were raised.  Ultimately the matter resolved in a guilty plea with a joint submission for a reduced sentence.
 
Robert Sinding recently spent many days in trial for a client charged with assaulting two police officers with their own tasers.  The court acquitted the client on all counts and found that the officers trespassed into his apartment and assaulted him as he defended his girlfriend from an unlawful Mental Health Act apprehension.  The client is now suing the officers and the police force for significant damages.

Robert Sinding recently litigated a high profile home invasion until the Crown withdrew the charges at the end of the preliminary inquiry.  Fingerprint and other identification evidence was challenged, and evidence was adduced of significant Charter violations in the police force in arrest and seizure protocols including systemic failure to provide right to counsel as soon as individuals are detained.

Robert Sinding successfully argued against a civil law suit being re-opened after it was dismissed, despite the fact that such motions to set aside dismissal orders can often be successful.

Robert Sinding successfully excluded breath readings in a recent “over 80” driving case, due to a lack of evidence of the Canada Border Services Officer’s special credentials to execute screening device and breathalyzer demands and tests.  The client was re-entering Canada from one of our local border crossings.  He was acquitted and could keep his job.

A murder case was reduced to manslaughter with a three year sentence less time served, after a preliminary inquiry was conducted, an expert was cross-examined, and the voluntariness of the client’s 911 call was challenged.

A recent high profile youth manslaughter involving a vehicle was kept in youth court and a lifetime driving prohibition was avoided.  The youth was released on bail to a treatment centre and the sentence was kept under three  years.

Robert Sinding successfully applied to have the entire Kenora Crown Attorney’s office recused (prevented) from prosecuting a matter that will result in a dangerous offender hearing had the client been convicted.  This recusal application was reported in the Law Times.

Another matter was resolved with a guilty plea without the planned dangerous offender sentence, relying on the above recusal application.  It resolved with an additional year in jail after lengthy pre-trial custody with previous counsel.  Robert Sinding raised issues of delay and potential violation of the Charter right to counsel as factors to assist in resolving in this fashion.

Robert Sinding recently resolved a wrongful dismissal law suit for $75,000.

Robert Sinding resolved an historical sexual abuse law suit for $87,000.

A recent sexual assault trial resulted in an acquittal due to there being a reasonable doubt on whether the alleged victim consented or not.

Robert Sinding twice appealed “internet luring” charges, first to the Superior Court of Justice and then the Court of Appeal in Toronto.  One of the convictions was overturned and the sentence was reduced.

Robert Sinding is currently appealing the conviction in a sexual assault trial to the Ontario Court of Appeal in Toronto, and also appealing the indeterminate sentence imposed after the Crown successfully obtained a dangerous offender designation.

Robert Sinding successfully appealed a “collapse” of a conditional sentence, convincing the appeal court the conversion from house arrest to a jail sentence imposed due to the breach of a condition, was illegal (the initial sentencing court made a legal error by treating four “consecutive” conditional sentences as one long conditional sentence).

Robert Sinding successfully appealed a conviction for sexual assault.  The trial court made a legal error by not having a reasonable doubt as to whether the brief hug and kiss of a minor was “sexual” in nature.

Robert Sinding has presided at a number of Canada Labour Code hearings and written published decisions.  Punitive damages were awarded in one case.

Robert Sinding has two upcoming jury trials, one criminal one civil (a wrongful dismissal case).

Robert Sinding provides ongoing advice to some large employers on human resources issues, and represents numerous employees on wrongful dismissal and other employment law disputes. 

Numerous recent possession for the purpose of trafficking charges have resulted in acquittals due to successful Charter challenges of search warrants or warrantless searches, or have resolved with guilty pleas to the reduced charge of simple possession, with no jail time.

An extradition case involving an aboriginal person represented by Robert resulted in a national legal precedent from the Ontario Court of Appeal clarifying how aboriginal people should be treated in the criminal justice system and on when courts can review Crown discretion. The young accused man was facing a 20 year sentence in the US for trafficking ecstasy but the Court of Appeal overturned the Minister of Justice's decision to surrender him to the US. The client is a free man and continues to live a crime-free life.

A murder case involving an aboriginal person from a remote fly-in community resulted in a guilty plea to the lesser charge of aggravated assault, but a strenuously contested sentencing hearing. The Crown sought a penitentiary sentence of two and a half years on top of time already served in jail, but the Judge agreed with the submissions of Robert Sinding that a sentence of time served of six months, with three years probation, was sufficient, in order to continue the excellent progress the accused had made since being charged.

Another aggravated assault case resulted in a three month jail sentence.

The firm is currently involved in a number of appeals.

A settlement of a wrongful dismissal from employment case resulted in a $65,000 court order for the client.

Another settlement of a wrongful dismissal from employment case done on contingency fee resulted in an agreement to pay $34,000.

A settlement of a sexual abuse case resulted in the client receiving $50,000 in damages.

Another settlement of a sexual abuse case done on contingency fee resulted in the client receiving $85,000 in damages.

Numerous acquittals or full withdrawal of criminal charges of impaired driving, sexual assaults, assaults with weapons, assaults causing bodily harm, assault of police officers, uttering threats, criminal harassment, failing to provide the necessities of life, drug trafficking and related offences, and other charges, often after Charter applications were filed alleging violation of the clients' constitutional rights.

Some years ago, the Crown attempted to have the court impose a lengthy additional sentence on a client despite an earlier plea agreement not to seek additional jail time for similar offences by the same accused in the sixties and seventies, in exchange for the accused pleading guilty and receiving a six year sentence. After weeks of trial involving over 30 victims, the Court agreed with Robert Sinding that the Honour of the Crown was at stake and the Crown must be held to its earlier written agreement. This case has become a precedent.

Some years ago a client sued by a bank for depositing fraudulent cheques and forwarding funds from her account to fraudsters was settled favourably for the client, who had fallen prey to a "Nigerian email scam".