15 Bedford Road Toronto, Ontario M5R 2J7 Telephone: (416) 868-1755, ext. 223 Fax: (416) 868-1990 Email: [email protected] Personal
Born Toronto, Ontario, May 6, 1958. Married to Susan Humphrey; two children. Education
B.A. University of Western Ontario, 1980 LL.B. University of Western Ontario, 1983 Called to the Bar of Ontario, 1985
Employment
Counsel, Crown Law Office - Criminal, 1985 to 1987 Partner, Greenspan Humphrey Lavine, 1987 to present Nature of Practice:
As a partner at Greenspan Humphrey Lavine my practice is focused primarily on criminal trials and appeals, but includes the defence of regulatory offences and professional discipline matters. I have argued cases in all levels of court,
including the Supreme Court of Canada. I have also represented clients at
inquests and public inquiries, and acted as counsel for the Honourable Patrick T. Galligan, Q.C. on his inquiry and Report to the Attorney General of Ontario on Certain Matters Relating to Karla Homolka. On occasion, I have been retained as Crown Counsel by the Ministry of the Attorney General of Ontario.
Affiliations:
Fellow, American College of Trial Lawyers
Vice-President, Criminal Lawyers’ Association (Secretary from November 2003 to October 2007, Assistant Secretary, May 2000 to 2003; Director, 1993 to May 2000)
Director, Advocates’ Society (2006 to present)
Instructor, Ontario Centre for Advocacy Training, 1994 to present Member, Ontario Bar Association, Criminal Justice Section
Member, Criminal Rules Committee, Appointed pursuant to section 69(2)(k) of the Courts of Justice Act, 1996
Director, LINK - The Lawyers Assistance Program, 1995 to 2006 Appearances as Expert Witness:
Boudreau v. Benaiah (1998), 37 O.R. (3d) 686 (O.C. (G.D.)), before Justice Greer Stekar v. Gilmore (2001), 52 W.C.B. (2d) 204, O.J. No. 5019 (S. C. J.), before Justice
Wilson
Hunter v. Starkman, unreported, February 24, 2004, before Justice Fragomeni Lectures and Panels:
Spring, 1987, Panelist, Ontario Crown Attorneys’ Association Convention, “Criminal Appeals”
November, 1990, Law Society of Upper Canada, Panelist, Bar Admission Course, “The Preparation and Drafting of a Factum”
Fall 1990, 1991 and 1993, Instructor, Bar Admission Course, (standby instructor 1992, 1994, 1995 and 1996)
February, 1992, Law Society of Upper Canada, Panelist, “Recent Issues in Drinking and Driving Cases”
June, 1992, Panelist, Canadian Bar Association - Ontario, Criminal Justice Section, “Charter Motions”
December 1993, Panelist, Law Society of Upper Canada, “Recent Substantive Developments”, Toronto
February, 1993, University of Western Ontario, Lecture, Criminal Law Association
April, 1993, Instructor, Criminal Lawyers’ Association/Crown Attorney’s Association, Joint Spring Education Programme, “The Mentally Disordered: Arrest to Disposition”
Spring, 1994, Ontario Crown Attorney’s Association Convention, Panelist, “Jury Selection Issues”
October 29, 1994, Panelist, Law Society of Upper Canada, Continuing Legal Education Programme, “Hot Topics for Criminal Lawyers - Sexual Assault”
June, 1995, Instructor/Demonstrator, The Ontario Centre for Advocacy Training, Examination-in-Chief and Cross-Examination Workshop
April, 1995, Instructor, Ontario Centre for Advocacy Training, Case Analysis, Opening Statements, and Closing Argument
April, 1996, Ontario Centre for Advocacy Training, Instructor, Appellate
Advocacy Programme
April, 1996, Panel Chair, Criminal Lawyers’ Association, Spring Education Programme, “Anatomy of a Provincial Court Trial - Bail Issues”
September 6, 1997, Workshop Leader, L.S.U.C., Criminal Trial Workshops, “Similar Fact and Character Evidence”
October 31, 1997, panelist, Ontario Court (General Division) Fall Seminar, “Criminal Law Update”
November 22, 1997, panelist, Criminal Lawyers’ Association Fall Conference, “The Similar Fact Witness”
August 10 and 11, 1998, Department of Justice Canada, Annual Prosecutor’s Conference, Toronto, Panelist, “Written Advocacy”, and Counsel in Mock Jury trial
November 27, 1998, Panelist, Criminal Lawyers’ Association Fall Conference, “Innovative Conditional Sentences or There’s No Place Like Home”
April 16-17, 1999, Instructor, Ontario Centre for Advocacy Training, Appellate Advocacy Course
May 7, 1999, Panelist, Canadian Bar Association - Ontario, “Directors Under Siege”
July 12-19, 1999, Faculty Member, Federation of Law Societies of Canada, Criminal Law Program, Montreal
November 12 and 13, 1999, Co-chair of Criminal Lawyers’ Association Annual Convention and Chair of panel “Preparing the Defence”
July 17-21, 2000, Faculty Member, Federation of Law Societies of Canada, Criminal Law Program, Calgary
November 10 and 11, 2000, Co-chair of Criminal Lawyers’ Association Annual Convention, Defence of the Defence Bar
April 21, 2001, Panelist, CBAO, Central East Advocacy Conference, panels: (1) Rules and Reality; (2) Credibility of Judges: How They Get It; How They Lose It.
July 9-13, 2001, Faculty Member, Federation of Law Societies of Canada, Criminal Law Program, Substantive Law, Charlottetown, PEI
March 23, 2002, Panelist, Law Society of Upper Canada, Criminal Lawyers’ Evidence Update, “The Admissibility of Confessions”
June 8, 2002, Speaker, Law Society of Upper Canada, Six Minute Criminal Defence Lawyer, “The Rule in Browne v. Dunn Revisited”
October 24, 2002, Speaker, Thunder Bay Law Association, Criminal Law Update, Thunder Bay
November 8, 2002, National Judicial Institute, Superior Court Conference, Criminal Law Update Panel, Toronto
February 26, 2003, OBA, Brave New World: Securities Litigation and Enforcement, Securities Act Prosecutions, panelist
April 10 and 28, and May 8, 2003, Spring Conference for Justices of the Peace of Ontario, “Duty to Give Reasons”, panelist
June 7, 2003, Speaker, Law Society of Upper Canada, Six Minute Criminal Defence Lawyer, “Written Instructions – The Paper Shield”
October 23, 2003, Panelist, Ontario Crown Attorneys Fall Conference, “Cross-Examination”
November 8, 2003, Panelist, Criminal Lawyers’ Association Fall Conference, “The Presumption of Innocence Behind Bars”
December 5, 2003, Panelist, Corporate Crime and Accountability Conference, Osgoode Hall Law School, “Cross-Border Crime and Detection”
February 21, 2004, Co-Chair, Panelist and Demonstrator, The Advocates’ Society Criminal Litigation Skills Program, “The Jury Trial”
June 5, 2004, Speaker, LSUC, Six Minute Criminal Defence Lawyer, “Consequences Beyond Conviction for Drinking and Driving Offences” October 29, 2004, Panelist, Criminal Lawyers’ Association Fall Conference, Using
Crime Scene Evidence to Advance the Case for the Defence
November 17, 2004, Medico-Legal Society of Toronto, Dinner Speaker and Panelist, “Shoot and Tell: Mandatory Gunshot Wound Reporting”
February 5, 2005, OBA Annual Institute, Criminal Law, skills trainer, “Killer Cross in Sex Crimes Trials”
April 19, 2005, The Advocates’ Society, Advanced Litigation Skills Certificate Program: Practical Advocacy Landmines, speaker (“Representing the Client People Love to Hate”) and panelist (“Surprises at Trial and Suggestions for Counsel”)
June 4, 2005, Speaker, Law Society of Upper Canada, 5th Annual Six Minute Criminal Lawyer, “A Handy Guide to the Admissibility of Similar Fact Evidence”
August 31, 2005, Panelist, Ontario Association of Police Educators, Aylmer Ontario, “Police Witnesses”
September 8, 2005, Moderator, Ontario Bar Association, “The Nuts and Bolts of Criminal Defence Work: A Retrospective by Edward and Brian Greenspan”
February 11, 2006, panelist, Second Annual Symposium on Money Laundering, Osgoode Hall Law School, “Case Law Update”
May 6, 2006, panelist, Criminal Lawyers’ Association Spring Conference, “Jury Instructions – The Good, The Bad & The Ugly”.
November 3 and 4, 2006, Co-chair of Criminal Lawyers’ Association Annual Fall Conference and Chair of “State Accountability” panel
February 17, 2007, Co-Chair of Third Annual Money Laundering Symposium, and panelist on “Case Law Update” panel.
February 24, 2007, Demonstration Cross-examination, Advocates’ Society “Criminal Litigation Skills Program: Cross-examination of Fact and Expert Witnesses”
April 24, 2007, Panelist, O.B.A., Crime in the Family, Navigating the Intersection between Criminal and Family Law, “Liaising with the Crown and Criminal Counsel” and “Tricky Fact Scenarios”
June 9, 2007, Law Society of Upper Canada, 7th Annual Six Minute Criminal Lawyer, “Understanding Street Racing Legislation”
October 25 and 26, 2007, Co-chair of Criminal Lawyers’ Association Annual Fall Conference and Chair of panel “Historical Perspective of the Charter”, November 9, 2007, Law Society of Upper Canada, Facilitator/Panelist, Advanced
Roundtable in Criminal Law Reported Cases As Counsel:
1. Regina v. E. (R.W.) (2007), 86 O.R. (3d) 493, 221 C.C.C. (3d) 224 (Ont. C.A.) 2. Regina v. Kutsukake (2006), 213 C.C.C. (3d) 80 (Ont. C.A.)
3. Regina v. Davies (2005), 199 C.C.C. (3d) 389 (Ont. C.A.) as Crown counsel 4. A.G. Canada v. Ni-Met Resources Inc. (2005), 74 O.R. (3d) 641, 251 D.L.R.
(4th) 355,195 C.C.C (3d) 1 (Ont. C.A.)
5. Regina v. Kimberly Elliott (2004), 192 O.A.C. 110 (Ont. C.A.) 6. Regina v. Burley (2004), 181 C.C.C. (3d) 463 (Ont. C.A.)
7. Regina v. Elliott (2003), 181 C.C.C. (3d) 118 (Ont. C. A.) as Crown counsel 8. Regina v. Kporwadu (2003), 176 C.C.C. (3d) 97 (Ont. S.C.) as counsel for
the Office of the Chief Coroner of Ontario
9. Regina v. Simcoe (2002) 156 O.A.C. 190 (Ont. C.A.) 10. Regina v. Dumont (2001) 141 O.A.C. 324 (Ont. C.A.)
11. Regina v. Elliott (1999), 138 C.C.C. (3d) 286 (Ont. S.C.), as Crown counsel 12. Regina v. White (1999), 42 O.R. (3d) 760, 132 C.C.C. (3d) 373 (Ont. C.A.) 13. Regina v. Biancofiore (1997), 35 O.R. (3d) 782, 119 C.C.C. (3d) 345 (Ont.
C.A.)
14. Regina v. Gabie (1997), 98 O.A.C. 75 (Ont. C.A.)
15. Regina v. Laliberty, Kocsis and Kuli (1997), 117 C.C.C. (3d) 97 (Ont. C.A.) 16. Re Morin and The Queen; Kaufman et al., Interveners (1997), 113 C.C.C.
17. Regina v. Kennedy (1996) 3 C. R. (5th) 170 (Ont. C.A.) 18. Regina v. Horne (1996), 34 O.R. (3d) 142 (O.C. (G.D.))
19. Regina v. Nugent (1995), 100 C.C.C. (3d) 89, 24 O.R. (3d) 295 (Ont. C.A.) 20. Regina v. Barrett (1995), 96 C.C.C. (3d) 319, 38 C.R. (4th) 1, 21 O.R. (3d) 736
(S.C.C.)
21. Regina v. Faulds et. al. (1994), 20 O.R. (3d) 13 (Ont. C.A.) 22. Regina v. B. (C.) (1993), 86 C.C.C. (3d) 214 (Ont. C.A.)
23. Regina v. Creighton & Crawford (1993), 80 C.C.C. (3d) 421, 20 C.R. (4th) 331, 13 O.R. (3d) 130 (Ont. C.A)
24. Regina v. Collier (1992), 77 C.C.C. (3d) 570 (Ont. C.A.)
25. Regina v. M. (E.) (1992), 76 C.C.C. (3d) 159, 10 O.R. (3d) 481 (Ont. C.A) 26. Regina v. Frizzell (1992), 58 O.A.C. 75 (Ont. C.A.)
27. Regina v. G. (K.R.) (1991), 68 C.C.C. (3d) 268, 5 O.R. (3d) 406 (Ont. C.A.) 28. Regina v. S. (J. A.) (1991), 6 O.R. (3d) 332 (Ont. C.A.)
29. Regina v. Miller (1990), 40 O.A.C. 159 (Ont. C.A.) 30. Regina v. Tan (1990), 44 O.A.C. 324 (Ont. C.A.)
31. Regina v. Irvine (1990), 23 M.V.R. (2d) 161 (Ont. C.A.) 32. Regina v. Nilsen (1989), 35 O.A.C. 376 (Ont. C.A.)
33. Regina v. Kerrutt (1988), 25 O.A.C. 259, 4 M.V.R. (2d) 89 (Ont. C.A.) 34. Regina v. Stubbs (1988), 28 O.A.C. 14 (Ont. C.A.)
35. Regina v. Ireco Canada II Inc. et. al. (1988), 43 C.C.C (3d) 482, 65 C.R. (3d) 160 (Ont. C.A.)
36. Re. Hanneson & The Queen (1987), 31 C.C.C. (3d) 560 (Ont. H.C.J.) Regina v. Yadollahi (1987), 36 C.C.C. (3d) 478 (Ont. C.A.)
37. Regina v. Felipa (1986), 27 C.C.C. (3d) 26, 55 O.R. (2d) 362, 40 M.V.R. 316 (Ont. C.A.)
38. Re. Zitek & The Queen (1986), 30 C.C.C. (3d) 60, 16 O.A.C. 72 (Ont. C.A.) 39. Regina v. Bullock (1985), 10 O.A.C. 282 (Ont. C.A.)
