We can handle any criminal case BIG OR SMALL.
R. Craig Bottomley is an experienced lawyer who fights for his clients. Craig has successfully represented clients charged with all manner of offence including murder, manslaughter, organized crime charges and sexual assault. Craig has had repeated success defending against complex drug cases and large-scale prosecutions.
Craig has a particular interest in litigating breaches of the Charter of Rights and Freedoms and has secured numerous acquittals for clients in this fashion.
Craig divides his practice evenly between trial and appellate work and has argued numerous appeals in both the Supreme Court of Canada and the Court of Appeal for Ontario.
Craig is also a frequent guest lecturer at the University of Toronto and Osgoode Hall Law School (his alma mater). He is often asked to provide analysis for media outlets. Craig is a regular panelist at legal education conferences for both lawyers and judges.
Craig is a former Vice-President of the Criminal Lawyers Association. Craig co-authored, “Justice Delayed: A Practitioner’s Guide to Section 11(b) of the Charter"
Mayleah entered criminal law to fight wrongful convictions. Every step of her career has been designed to put her in the best possible position to stand against miscarriages of justice. Mayleah practices both criminal and quasi-criminal law. She represents clients facing charges at all levels of the criminal court, and clients facing allegations of misconduct in front of the Law Society Tribunal.
Mayleah attended the University of Toronto Faculty of Law. During her time as a law student, Mayleah worked and volunteered at the University’s Legal Aid Clinic, Downtown Legal Services, representing clients in the criminal courts and clients facing allegations of academic and non-academic misconduct as part of the University’s discipline process. She also spent some time volunteering for AIDWYC (now Innocence Canada). After she obtained her J.D. she articled in the Discipline Department at the Law Society of Upper Canada where she assisted in and ran hearings in Conduct, Capacity, and Good Character investigations. Following her call to the bar, Mayleah practiced as a sole practitioner working with senior counsel to defend clients on both criminal and Law Society matters. Mayleah has also represented young people facing expulsion in front of School Boards and at the Child and Family Services Review Board.
Mayleah is committed to ensuring that her clients receive the best possible defence.
Andrea is dedicated to defending the rights and freedoms of her clients. Since graduating from the Schulich School of Law at Dalhousie University she has successfully defended her clients on all manner of criminal cases.
In law school, Andrea worked with Pro Bono Students Canada, completing projects with the Elizabeth Fry Society on pardons. In her final year, she worked at the Dalhousie Legal Aid Clinic, with a particular focus on youth criminal law.
Andrea graduated from law school in 2015 and was then employed at an international law firm before moving to Guyana to volunteer at the Guyana Legal Aid Clinic.
Since her return to Canada, she has worked exclusively as a criminal defense lawyer – appearing at all levels of court in Ontario.
Janelle is a dedicated advocate who is committed to advancing her clients’ interests at every stage of the criminal law process. Concerned about inequalities in policing and the criminal justice system, Janelle trained as a lawyer to advocate against miscarriages of justice and the erosion of individuals’ rights and freedoms.
At Osgoode Hall Law School, Janelle studied the intersection of criminal and constitutional law. Janelle has experience in defending all manner of cases, including serious homicides and complex appeals. Janelle’s clients benefit from her ongoing commitment to appealing miscarriages of justice, challenging unconstitutional laws, and seeking remedies for violations of individual’s rights and freedoms.
The stories below detail some of our successes in Court.
They do not reflect the charges that the lawyers at Bottomley Barristers routinely get withdrawn before a trial ever starts.
Successful appeal to the Court of Appeal where a sentencing judge had imposed a jail term in excess of what the Crown was seeking. The Court held, for the very first time, that when a judge is going to exceed what the Crown is seeking, basic fairness requires that judge provide notice to the parties and provide reasons why the Crown position would not satisfy basic sentencing principles.
Client was charged with possession of a prohibited firearm as well as possession of marijuana over the legal limit after a roadside stop. We advanced an argument that his charges should be stayed due to unreasonable delay in the Ontario Court of Justice. The trial judge stayed his charges, deciding that in order to rely on COVID-19 as an exceptional circumstance justifying delay, the Crown must first prove that if it was not for COVID-19, the accused would have had an earlier trial.
Following a lengthy police investigation, the police obtained a search warrant for the client’s apartment where they found a large quantity of narcotics. All charges were dismissed in the Superior Court where defence counsel demonstrated serious violations of the Charter by the police.
After the police discovered a dead body in a marijuana grow-operation, they obtained a search warrant to search the client’s home where they found a large amount of drugs, money and documents pertaining to the grow-operation. Following the cross-examination of the officer who had obtained the warrant, the warrant was quashed and all charges were dismissed in the Ontario Court of Justice.
Client was charged with the violent extortion of his girlfriend. The matter was taken to trial in the Ontario Court of Justice where the client was acquitted.
Client charged with assault against two individuals. Charges withdrawn after we were able to locate a second complainant, who exonerated our client.
Client charged with robbery, however a careful review of surveillance footage revealed that his participation could not be proven. All charges dismissed at trial.
Client successfully appealed his conviction for sexual assault where the trial judge was shown to have erred by proceeding through the trial with an unqualified interpreter.
Client charged with sexual assault. All charges dismissed at trial after a thorough cross-examination of the complainant.
Client charged with aggravated assault. Charges withdrawn the day before trial after counsel raised significant inconsistencies in complainant’s statements.
Client charged with pointing a shotgun at his ex-girlfriend when she showed up on his porch uninvited. Client was acquitted after a trial in the Ontario Court of Justice when an independent witness was located and exonerated the client.
Client charged with drinking and driving after being arrested at a liquor store by the Peel Regional Police. All criminal charges were dropped at trial after the cross-examination of the arresting officer.
Client charged with a historic sexual assault of two men who had been in his care in the 1980s. Client was found not guilty of all charges following a trial in the Superior Court of Justice.
Client charged with breaching his bail when the police attended his home and he was not there. Client was found not guilty after a trial in the Ontario Court of Justice after a successful evidentiary argument.
Client was charged with dangerous driving, two counts of conspiracy and a single count of mischief in relation to a massive motorcycle rally that shut down highways around the Greater Toronto Area. Client was alleged to be the main organizer of the rally. Following a trial, the client was acquitted of every count except for mischief. On this one remaining count, the Court granted a discharge and ordered the Crown to return his motorcycle.
Client charged with assault with a weapon after he was alleged to have beaten a man with an expandable baton. The charges were dismissed at the trial when defence counsel provided the Crown with evidence that significantly undermined the credibility of the complainant.
Successful appeal for a client who had been convicted of assault causing bodily harm. The trial judge had improperly reversed the onus of proof and erred in his contemplation of alibi evidence. The conviction was overturned following argument in the Superior Court of Justice.
Client charged with the possession of a firearm after the Biker Enforcement Unit conducted a search of his home on the strength of a warrant obtained by the Canada Revenue Agency. All charges stayed for unreasonable delay after the crown would not produce relevant documents relating to the search.
Client charged with assault causing bodily harm for breaking the rib of another motorist following an alleged road-rage incident. The assault was witnessed by numerous other motorists. The Client was acquitted following a trial in the Ontario Court of Justice where the credibility of the complainant was significantly undermined in cross-examination.
Client charged with impaired driving and “over 80” after he crashed into a building, nearly hit a taxi and drove past a police car. The client was acquitted after a trial in the Ontario Court of Justice when the Crown could not prove that he was the driver of the vehicle.
Client charged with assaulting his girlfriend, who called the police and had her injuries photographed. The client was acquitted following a trial in the Ontario Court of Justice where photographs of his injuries were produced and the complainant’s credibility was undermined in cross-examination. The trial judge ruled that the client had lawfully removed a trespasser.
Our client was charged with attempted murder following the prolonged beating of a man who had opened fire on a backyard BBQ. Despite the fact that incident was captured on surveillance video and our client was caught running from the scene of the crime, he was acquitted following a trial in the Superior Court of Justice.
Our client, an openly gay man, was accused of sexually assaulting the concierge of his condominium building. After cross-examining the complainant and presenting our client’s version of events, the judge found that the complainant was actually the sexual aggressor and that he accused our client of sexually assaulting him so that he wouldn’t get fired. The client was acquitted in the Ontario Court of Justice.
Our client was out on bail on gun and drug charges when police accused him of breaching his house arrest bail term. The evidence against him was a phone call that police had made to someone who told them that the client wasn’t at home. After running a trial at the Ontario Court of Justice and successfully arguing that the evidence was hearsay, the client was acquitted of breach of bail and walked out of the prisoner’s box.
Our client was charged with drug trafficking and possession of stolen property. Upon advancing an unreasonable delay argument, the charges were stayed in the Ontario Court of Justice.
Our client was charged with assault, failing to comply with court orders, and driving while disqualified. We successfully argued that he could not be properly identified by the complainant or by photos the complainant had taken of the alleged attacker hours after the incident. The client was acquitted of all counts.
Client charged with drug trafficking following a lengthy police investigation. Upon advancing an unreasonable delay argument, the charges were stayed in the Ontario Court of Justice.
Client charged with the protracted sexual abuse of a relative. The complainant was caught in multiple inconsistencies and fabrications. The trial judge “had serious doubts any abuse ever occurred” and acquitted the client on all counts.
Client charged with holding a knife to his wife’s throat and cutting her hand in a domestic dispute. The complainant, a former drug prosecutor, took photographs of her injuries. At the end of the trial, the judge found her to be a manipulative and unbelievable witness. The client was acquitted on all counts.
Client charged with producing marijuana when the police executed a search warrant at his home and found 2000 plants. The warrant was successfully challenged as being in violation of the Charter of Rights and Freedoms. All of the evidence was excluded and the client was acquitted.
Client charged with multiple drug-related offences after he was pulled over for impaired driving. A gun was found on his passenger. Marijuana was found in the client’s pocket along with a large quantity of cash. The police later strip searched the client and found 33 grams of cocaine in his underwear. The cocaine was excluded from evidence after the search was declared a breach of his rights. The client was then acquitted of all charges in the Superior Court of Justice.
Client charged with drinking and driving after the police conducted a breathalyzer analysis. The trial judge found that the breath test was unlawful as the initial arrest was a violation of the Charter of Rights and Freedoms. The breath test results were excluded from evidence and the client was acquitted following a trial in the Ontario Court of Justice.
Client charged with attempted murder after a man was stabbed in the heart during a home invasion. All charges were dismissed after the cross-examination of the eyewitnesses at a preliminary inquiry.
Client charged with driving “over .80” after the police smelled alcohol on his breath during a traffic stop. The client was taken to an OPP detachment in Aurora despite being stopped in Concord. The breath readings were not considered by the judge, who found that the police had failed to obtain the breath sample in a timely fashion. The client was acquitted after a trial.
Client charged with assault. A disgruntled ex-employee came in to the place of employment demanding payment. The client forcefully ejected the complainant from the premises, during which the complainant sustained injuries. After cross-examining the complainant and presenting a defence of self-defence and defence of property, the client was acquitted.
Successful appeal for a client who had his home searched by police acting with a warrant. The police found significant amounts of opiates secreted around the home. The Court of Appeal found that the trial judge had engaged in prohibited reasoning and overturned the conviction.
Client charged with committing an indecent act after a woman said he was sitting on a park bench exposing his genitals to women as they walked by. Police seized his shorts, which had a large hole in the crotch. He was not wearing underwear. Client was acquitted after trial in the Ontario Court of Justice.
Successful appeal for a client where the police had searched his home without a warrant and uncovered a marijuana grow-operation. The Court of Appeal held that the police had violated the Charter of Rights and Freedoms, excluded the marijuana from evidence and acquitted the client.
Client charged with assaulting his girlfriend by throwing her to the ground in a parking lot. One of the on-lookers was an off-duty police officer who described the assault as a “body slam”. All criminal charges were withdrawn the morning of the trial.
Police chased client from a home where they had executed a search warrant. The police claimed that they saw the client throw a satchel, from which they later recovered a significant amount of cocaine alongside the client’s wallet. Client was acquitted after a trial in the Superior Court of Justice
Client charged with assaulting and threatening his former girlfriend. The incident was captured on video. All criminal charges were withdrawn the morning of the trial.
Client charged with failing to provide a sample of his breath to a police officer who suspected he had been drinking and driving. The charges were laid after he failed to provide the sample six separate times. The client was acquitted after a trial in the Ontario Court of Justice.
Client charged with perjury and obstructing justice after having a family member committed to a hospital against his will. The charges were stayed after it was successfully argued that the trial had been unreasonably delayed by the Crown.
Client charged with sexually assaulting his babysitter. He was acquitted after a trial following a successful cross-examination of the complainant and her mother.
Client charged with assaulting a TTC Driver. He was acquitted after a trial where the TTC Driver was confronted with security footage that contradicted his evidence.
Client charged with possessing a significant amount of marijuana after the police executed a search warrant at his home. The charges were dismissed after it was argued that the delay caused by a Crown failure to provide disclosure violated the client's right to a trial in a reasonable time.
Client charged with impaired driving after he sped past the police and collided with a building. The client was acquitted after a trial in the Ontario Court of Justice.
Client was charged after the Guns & Gangs Task Force executed a search warrant and found him in a room with three handguns, a duffle bag full of narcotics, cash and 350 rounds of ammunition. The client was discharged on all counts following a preliminary inquiry in the Ontario Court of Justice.
Client was charged with possessing heroin and cocaine for the purpose of trafficking when police saw him fidgeting in the back of their cruiser following his arrest on unrelated charges. The rear seat of the cruiser was searched and the narcotics were discovered underneath the client. He had $840 in cash in his pockets. The client was acquitted of all charges following a trial in the Ontario Court of Justice.
Client charged with possessing heroin, cocaine, marijuana and $45,000 in cash after the police executed a series of search warrants. The Crown withdrew all of these charges following a preliminary inquiry in the Ontario Court of Justice and the Court ordered the money returned to the client.
Client was charged with possession for the purpose of trafficking after he drove away from his girlfriend's home and was stopped by police who were armed with a search warrant. A search of his car revealed nothing, but a search of his girlfriend's home revealed a significant amount of heroin. The client was discharged after a preliminary inquiry.
Client charged with two counts of assault and assault with a weapon after a fistfight with his neighbour. The Crown withdrew the charges after the complainant admitted in cross-examination that he had started the fight.
Client acquitted of a serious sexual assault after a trial where the complainant was caught in a series of lies. The trial judge excluded the client's statement as involuntary, disbelieved the complainant and accepted the client's evidence.
The client was stopped at the roadside after he was spotted by police driving backwards away from a RIDE check. He was then videotaped by the police failing to provide a suitable sample of his breath despite 5 separate attempts. The client was acquitted of failing to provide a breath sample after a trial in the Ontario Court of Justice.
Client charged for impaired driving and "over .80" after the car she was in crashed through a stone wall on private property. On the way to the police station, she admitted (on video) to being the driver and later blew more than double the legal blood/alcohol limit. She was found not guilty following a trial in the Ontario Court of Justice.
Client charged after being identified as the gunman responsible for a home invasion where shots were fired at the homeowner. The client was discharged on all counts following a preliminary inquiry.
Client charged following the execution of search warrants on his car and his girlfriend's apartment. A gun was found in the apartment. The bullets were found in a locked safe. The client had the only key to the safe, but was found not guilty of all counts following a Superior Court trial.
Client charged with dozens of break & enters across Ontario. Immediately before his arrest, the police followed S.S. to the scene of a break & enter and waited nearby. Afterwards, the police pulled him over and found a bag of stolen jewelry in his car. S.S. was then charged with a slew of other burglaries that fit a unique fact pattern. After the cross-examination of the lead officer, the Crown withdrew nearly every charge and the client was released from custody.
Successful appeal against conviction for a client whom the trial judge found guilty of assaulting his wife and three children. The trial judge was overturned when she was found to have engaged in a prohibited path of propensity reasoning.
Client charged with "over .80" after being pulled over by the police. It quickly came to light that the client was driving in contradiction of a prohibition. During the subsequent search of the car, the police located a prohibited weapon. The client was also charged with violating a weapons prohibition. The client was found not guilty on all counts following a trial in the Ontario Court of Justice.
Clients charged following a month-long investigation where the RCMP followed a 5 tonne shipment of hashish from Pakistan up to the point of delivery. The clients were acquitted following a Superior Court trial.
Client charged with attempted murder after slashing the face, arm and stomach of the complainant. This was observed by three witnesses who were leaving their church. These three witnesses testified that they heard the accused shout "die, die, die" as he slashed at the complainant with a knife. All charges were dismissed following a Superior Court trial.
Client was charged with living off the avails of prostitution and exercising control over a prostitute after being arrested breaking into a hotel room while armed with a knife. The client was acquitted of these charges following a trial.
Client charged with violating his bail, which prohibited him from sitting in the front seat of any motor vehicle. The police caught him driving his car. He was acquitted at trial.
Successful appeal against conviction for an accused who had been convicted of possessing a prohibited firearm. The Court of Appeal held that the trial judge had erred by improperly depriving the Appellant of an available defence.
Client was charged with attempted murder after he was alleged to have stabbed a man in the head outside an LCBO. The charges were dismissed after a preliminary inquiry.
The client was charged with the possession of 55 kilograms of marijuana after the police executed a search warrant at an apartment he was alleged to control. After a preliminary inquiry, the charges were dismissed.
The client was charged with voyeurism when public complaints led to an undercover police investigation at a subway station. Following the cross-examination of the Crown's main witness and the filing of a Charter application, the charges were withdrawn.
Client charged with murder after he was seen on video following the victim into a hallway where he was shot to death minutes later. As the victim lay dying, he made an utterance to the police that implicated S.B. The client was found not guilty following a jury trial in the Superior Court.
Client was charged with impaired driving and failing to provide a breath sample. A lengthy written argument was submitted to the Court about Charter violations committed by the arresting police officer. After cross-examination of the very first witness, the Crown agreed to withdraw the charges.
Successful appeal for a client who had been convicted of assault arising from a road rage incident. After the conviction was overturned, the Crown was convinced to abandon the re-trial.
The Crown brought an application to have D.D. declared a Dangerous Offender and imprisoned for the rest of his life. D.D. had a criminal record for attempted murder, conspiracy to commit murder and several gun point robberies. This application was successfully resisted and the Crown's application was dismissed following a hearing in the Superior Court.
Defeated an application by the Crown in Superior Court to seize property bearing the Hells Angels emblem as offence-related property. As a result, the Federal Government was compelled to return the Hells Angels property to the individual members.
Client was charged with a myriad of gun and drug offences after he was stopped by the police while driving. The police found a loaded gun by the driver's pedal next to a bag of pills. A further search revealed a large quantity of marijuana. The client was acquitted of all charges following a Superior Court trial.
Client charged with over .80 and impaired driving when he was seen driving the wrong way through a drive-thru and nearly hitting a number of people in the attached parking lot. After the cross-examination of two civilian witnesses, the Crown withdrew all criminal charges.
Successful appeal against conviction for an accused who had been convicted of importing nearly a kilogram of cocaine.
Client was charged with the knife-point robbery of two college students. Following a cross-examination of the complainants, where a number of weaknesses in the Crown's case were revealed, the charges were withdrawn.
Client was charged with smuggling large quantities of various narcotics into a Toronto jail. The client's case was delayed in getting to trial for over a year, largely due to a Crown failure to provide disclosure. All charges were dismissed after it was argued that the delay violated the client's right to have her trial within a reasonable time.
Client charged with trafficking in marijuana and ecstasy following sales to undercover police officers. The charges against the client were dismissed when the Court found that he had been beaten by the police even though he had not acted violently in any way. In finding that excessive force had been used, the Court held that the evidence of the officer was "evasive and contrived".
Client charged with a myriad of gun offences after police stopped him in a park and found two firearms in a backpack. At the end of the trial, the client was acquitted of all charges.
Client charged as one of the main co-conspirators alleged to have planned the property damage during the G20 summit in Toronto. After the cross-examination of the undercover officer who infiltrated this group, the charges were withdrawn.
Clients were among six accused charged with a series of sexual assaults against fellow church members. After five weeks of cross-examination of the complainants, the Crown withdrew all charges.
Client was charged with numerous firearms offences after being arrested after a lengthy period of police surveillance. After cross-examination of the officers involved in the surveillance, arrest and search of the client, all charges were stayed.
Client charged with possession for the purpose of trafficking a significant amount of ketamine. In acquitting the accused, the trial judge found that she could not rely on the evidence of the Crown's expert witness due to issues uncovered in cross-examination.
Successful representation of Mr. O who was charged with first degree murder by having this charge quashed at the preliminary inquiry. The Crown appealed this decision and brought an application to have the charge of first degree murder reinstated. This application was defeated by Pringle and Bottomley in Superior Court.
Client charged as the head of a criminal organization after an eighteen-month-long investigation into the Hells Angels. The client was acquitted of all charges relating to criminal organization.
Client facing charges relating to firearms, cocaine, marijuana and proceeds of crime found in her home. All of the charges were dismissed after the Crown's expert witness was shown to be speculating.
Convinced the Court to exclude evidence found in a warrantless search of client's home. After the evidence was excluded, the Crown had no evidence to support a conviction.
Secured a sentence of house arrest for Mr. N. who pled guilty to a series of serious drug trafficking allegations. The arrest took place as part of a large scale investigation netting several accused. Our client was the only one who did not receive a jail sentence.
Successful appeal of T.L.'s conviction at the Court of Appeal. T.L. had been found guilty at trial by a jury of a series of gun point robberies.
Successful appeal of Mr. K.'s conviction for dangerous driving causing bodily harm.
Our opinions and analysis are frequently sought by the press. When our cases end up in the media,
we know how to deal with public scrutiny and minimize the impact on our clients.
Charges dropped, but Oshawa house still seized as proceed of crime
Third time's a charm for twice-convicted gunman
Legal minefield awaits child murder suspect
Kachkar found not criminally responsible
Judge blasts Crown delays as he stays judo teacher's charges
Toronto police corruption trial: Jury shows public expects integrity, investigator says
Drug charges stayed after suspect 'assaulted without justification'
Hundreds of sex charges dropped against church members
Toronto police TAVIS stop of four teens ends in arrests captured on video
Neighbour feuds: How a small tear in a garden hose led to a criminal trial
Encounter with TAVIS police escalated for four teens
Drug trial might get tossed because jury members Googled the case
Ontario government forced to return property to Hells Angels
Charges of gang rape against Korean church members withdrawn
85 police strip searches a day 'too high'
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