R. v. Khoshael

This is the Judgment on Appeal for this and 15 companion appeals that were argued collectively before the Honourable Mr. Justice Libman. The narrow issue was whether or not the police officer’s failure to indicate the ‘date of service’ on the certificates of offence (tickets) was fatal to the charges. After lengthy arguments the appeal was granted and the certificates were quashed. The decision in Khoshael, however, took on a broader scope with the 15 companion appeals that were argued together. Canvassing a myriad of flaws and errors and the affect they may have on the validity of a certificate, the decision in Khoshael is now generally taken to represent the law in Ontario on the issue of ‘flawed certificates’. We are proud of having led the arguments for Mr. Khoshael and the result obtained.

Read the decision from the Provincial Offences Appeal court, per Libman J.