Justice G. Campbell of the Ontario Court of Justice dismissed a charge of breach of undertaking in a Windsor court today. The defendant was charged with breaching a condition of an undertaking to the police signed in July, 2009.
Defence counsel Kenneth Golish argued that the mere filing of a certified copy of the original information along with a copy of that undertaking was not proof that defendant entered into the undertaking. Further, the copy of the undertaking filed with the court showed a line through that document, with a written undated notation "vacated." As such there was no proof that at the time of alleged offence, the undertaking was current.