On the afternoon of February 25th, Larry and his common law spouse Stacey met with her ex-husband Tom, in order to exchange their daughter as part of a shared custody arrangement. During this meeting, a heated argument occurred between Larry and Tom, leading to pushing and eventually escalating to both males fighting on the ground. No visible injuries were observed by police, but Tom did complain of back pain. The day prior to the incident, Tom sent an email to Stacey saying he was going to “confront” Larry. As a result of the fight, Larry was charged with assault.
Result: Tom tried repeatedly to convince the Crown to upgrade the charges to assault causing bodily harm, citing some injury from the incident (with mild medical confirmation). The client maintained his innocence despite acknowledging some less than stellar actions on the day of. The Crown was willing to withdraw the charge but wanted Larry to enter into an 810 peace bond. Larry was unwilling to agree to any court order indicating wrongdoing as Tom was frequently vindictive and spiteful and would use any such order in other legal fora.
The Crown tried to get Larry to agree to a common law peace bond and he again declined. By declining, he was fully prepared to set a trial and defend himself in court (with all of its costs and risks). Ultimately left with no other legitimate choice, the Crown eventually stayed the charge.
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