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www.1law1.com 2009/11/17 Article
"Judge rules currency of undertaking not proved"


By Kenneth W. Golish

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.


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