Erec Rolfe, Defence Lawyer
Erec Rolfe, Defence Lawyer

R v. E.P. - Client acquitted of all counts following multi-vehicle pile-up on Don Valley Parkway

Charges: Criminal negligence causing bodily harm, dangerous driving, impaired driving

Results: Client acquitted on all counts

 

E.P.'s transport truck jackknifed while travelling southbound on the Don Valley Parkway.  The truck crossed three lanes of traffic and crashed into the bridge supports for the overpass.  The DVP was closed in both directions.  Two other vehicles crashed into the truck, and E.P.'s passenger was ejected from the vehicle, sustaining injuries.

 

The trial heard that E.P. had smoked marijuana prior to the accident. He was charged with criminal negligence causing bodily harm (which carries up to a 14 year prison sentence), dangerous driving and impaired driving.

 

The prosecution's case consisted of a Toronto Police accident reconstructionist, a toxicologist, the victim and witnesses to the accident.

 

At trial, Mr. Rolfe carefully broke down the prosecution's case.  Upon reviewing the accident reconstruction report and hearing the reconstructionist's evidence at trial, Mr. Rolfe located two critical mathematical errors.  He successfully cross-examined the reconstructionist who, at first, refused to acknowledge any mistakes, but later agreed that he had made the errors.  With those errors, the court could not place any reliance on the reconstructionist's opinion.  Mr. Rolfe argued that the court was then only left with evidence that a horrific accident had occurred, but the prosecution had not proved any criminal wrongdoing on the part of E.P.  The court agreed.

 

Regarding the impaired driving charge, Mr. Rolfe elicited inconsistencies from witnesses regarding when E.P. had smoked marijuana, resulting in doubt whether E.P. was impaired by the marijuana at the time of the collision.  

 

E.P. was acquitted on all counts. 

 

R v. F.B. - Court of Appeal overturns conviction of dangerous driving 

Charges: Dangerous driving

Results: Client's conviction overturned

 

F.B. was convicted of dangerous driving following an incident in Simcoe County.  Mr. Rolfe represented him at the Court of Appeal for Ontario.  

 

Mr. Rolfe argued that the evidence at trial was insufficient for the trial judge to determine precisely what F.B.'s driving conduct was, and accordingly, the finding that the conduct was dangerous was an unreasonable one.  The Court of Appeal unanimously agreed: the conviction was overturned and an acquittal was entered.

 

R v. D.R. - Charges of dangerous driving and leaving the scene withdrawn by prosecution

Charges: Dangerous driving, leaving the scene of an accident

Results: Charges withdrawn.

 

D.R. was charged with dangerous driving and leaving the scene of an accident following a fiery crash after a police chase in Scarborough.  The story was covered by the media here. 

 

Following a thorough review of the Crown's disclosure, Mr. Rolfe was able to raise doubt about his client's guilt.  He approached the Crown, who agreed and withdrew the charges.  

R v. D.C. - Crown drops impaired driving charges down to careless driving

Charges: Impaired driving, Over 80

Result: Crown drops "Over 80" and Impaired driving charges for plea to careless driving.

 

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