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Bernard’s Cases

Murder Cases

Earlier in his career Bernard Cugelman successfully conducted trials resulting in acquittals for clients charged with first-degree murder and second-degree murder, as well as criminal negligence causing death. In addition, he has been successful in obtaining on behalf of a number of clients who were charged with murder a verdict of not guilty of murder, but guilty of the lesser offence of manslaughter, resulting in very significantly reduced jail time.

OCJ: Ontario Court of Justice
SCJ: Superior Court of Justice
POA: Provincial Offences Court

Representative Cases

Client Details
H.P. Charges: Care or control of motor vehicle with excess alcohol
Result: Trial commenced but delayed due to disclosure issue. Bernard Cugelman brought Charter of Rights application based upon unreasonable delay. Crown prosecutor agreed to withdraw criminal charge in exchange for guilty plea to careless driving under the Highway Traffic Act.
Court: OCJ Oshawa
J.P. Charges: Fail to stop for school bus
Result: Charge withdrawn.
Court: POA Wasaga Beach
G.C. Charges: Care or control of motor vehicle with excess alcohol
Result: Crown prosecutor agreed to withdraw criminal charge in exchange for guilty plea to careless driving under the Highway Traffic Act on trial date.
Court: OCJ
D.T. Charges: Impaired driving and excess alcohol
Result: Crown prosecutor agreed to withdraw criminal charges in exchange for guilty plea to careless driving under the Highway Traffic Act on trial date.
Court: OCJ Barrie
C.H. Charges: Fail to comply with demand for breath sample
Result: Charge withdrawn.
Court: OCJ Collingwood
S.T Charges: Care or control of motor vehicle with excess alcohol
Result: Acquitted after trial.
Court: OCJ Bradford
D.G. Charges: Sexual assault X3, sexual interference X2
Result: Acquitted of all charges after lengthy trial.
Court: OCJ Bradford
W.Q. Charges: Assault with weapon, domestic assault
Result: Charges withdrawn.
Court: OCJ Collingwood
P.J. Charges: Impaired care or control, and excess alcohol
Result: Acquitted after trial.
Court: OCJ
Collingwood
G.S. Charges: Possession of firearm while prohibited, careless storage X2
Result: Charges withdrawn.
Court: OCJ Orillia
K.C. Charges: Impaired care or control and excess alcohol
Result: Trial commenced but delayed due to disclosure issue. Bernard Cugelman brought Charter of Rights application based upon unreasonable delay. Crown prosecutor agreed to withdraw criminal charge in exchange for guilty plea to careless driving under the Highway Traffic Act.
Court: OCJ Collingwood
S.C. Charges: Obstruct justice, mischief under $5000, food and lodging fraud
Result: Client enters peace bond. All charges withdrawn.
Court: OCJ Parry Sound
R.R. Charges: Care or control of motor vehicle with excess blood-alcohol
Result: Acquitted after trial due to Charter of Rights violation.
Court: OCJ Barrie
M.S. Charges: Sexual assault X2
Result: Trial commenced. After cross-examination of complainant crown prosecutor agreed to peace bond and charges withdrawn.
Court: OCJ Barrie
E.T. Charges: Possession of illegal drugs X2
Result: Charges stayed.
Court: OCJ Bradford
G.F. Charges: Criminal harassment, domestic assault X2
Result: Client entered into peace bond and all charges withdrawn.
Court: OCJ Collingwood
R.J. Charges: Impaired care or control and excess alcohol
Result: Charges stayed after lengthy trial.
Court: OCJ Barrie
C.D. Charges: Possession illegal drugs, take auto without consent
Result: Charges withdrawn
Court:OCJ Bracebridge
G.G. Charges: Domestic assault X3
Result: Acquitted after trial on one count of assault. Client agrees to enter into peace bond and remaining two counts withdrawn.
Court: OCJ Bradford
S.M. Charges: Possession for purpose of trafficking and production of controlled drug
Result: Charges withdrawn.
Court: OCJ Bradford
B.L. Charges: Impaired care or control of motor vehicle and excess alcohol
Result: Charges withdrawn.
Court: OCJ Barrie
P.K. Charges: Assault, threatening death
Result: Client enters into peace bond and charges withdrawn.
Court: OCJ Orillia
M.Y. Charges: Possession of illegal drug
Result: Charge stayed.
Court: OCJ Orillia
B.D. Charges: Care or control of motor vehicle impaired by drug, possess illegal drug
Result: Client pleads guilty to careless driving under Highway Traffic Act and charge of impaired by drug withdrawn. Possession of illegal drug stayed.
Court: OCJ Midland
T.M. Charges: Theft by holder of power of attorney, theft under X7
Result: Client enters into peace bond and all charges withdrawn.
Court: OCJ Newmarket
C.L. Charges: Impaired care or control of motor vehicle and excess alcohol
Result: Charges withdrawn.
Court: OCJ Barrie
L.C. and J.C. Charges: Assault police, obstruct police, assault resist arrest
Result: Clients plead guilty to cause disturbance and receive absolute discharges. All other charges withdrawn.
Court: OCJ Bradford
A.H. Charges: Refuse to provide sample of breath for breathalyzer testing
Result: Client acquitted after lengthy trial.
Court: OCJ Barrie
S.B. Charges: Possession of illegal drugs X2
Result: Charges withdrawn.
Court: OCJ Bracebridge
A.W. Charges: Assault
Result: Client enters into peace bond and charge withdrawn.
Court: OCJ Collingwood
N.S. Charges: Assault X2 against child
Result: Client enters into peace bond and charges withdrawn.
Court: OCJ Barrie
R.M. Charges: Appeal against conviction for dangerous driving
Result: Appeal allowed, conviction quashed, and new trial ordered. Client was self-represented at trial. Client required driver’s license for livelihood. Upon retrial Bernard Cugelman negotiated plea agreement with Crown prosecutor whereby client pled guilty to non–driving charge and received a conditional discharge.
Court: SCJ Bracebridge
D.D. Charges: Domestic assault
Result: Necessary for client to cross freely into the United States for employment. Upon plea of guilty Bernard Cugelman was able to prevail upon the presiding judge to sentence client to an absolute discharge and peace bond, which permitted client to enter the United States.
Court: OCJ Barrie
J. C. Charges: Assault and mischief
Result: Client enters into peace bond and charges withdrawn.
Court: OCJ
Barrie
J. L. Charges: Criminal harassment X3, threatening
Result: Client enters into peace bond and charges withdrawn.
Court: OCJ Bradford
Charges: Impaired driving by drug, possession illegal drug, fail to comply with coordination testing demand
Result: Client pleads guilty to careless driving under Highway Traffic Act, and all other charges withdrawn.
Court: OCJ Barrie
M. T. Charges: Possession of illegal drug for purpose of trafficking x2
Result: Client pleads guilty to one count of simple possession and receives conditional sentence (house arrest), thereby enabling him to maintain employment and deal with important personal matters.
Court: SCJ Barrie
K. C. Charges: Assault and mischief
Result: Client enters into peace bond and charges withdrawn.
Court: OCJ Bradford
J. C. Charges: Operation of motor vehicle with excess alcohol
Result: Bernard Cugelman files successful application for stay of charge pursuant to charter of rights based upon unreasonable delay and charges stayed.
Court: OCJ Orillia
K. G. Charges: Criminal harassment
Result: Client pleads guilty to lesser offence of harassing phone calls and receives an absolute discharge and enters into a peace bond, thereby avoiding a criminal record and a bar from entering into the United States.
Court: OCJ Barrie
J. L. Charges: Possession of illegal drug for purpose of trafficking
Result: Client pleads guilty to simple possession and receives $300 fine.
Court: OCJ Orillia
M.S. Charges: Domestic assault X3
Result: Client enters into peace bond and charges withdrawn.
Court: OCJ Bradford
C. C. Charges: Assault
Result: Crown seeking conviction and criminal record. Bernard Cugelman prevails upon presiding judge to impose absolute discharge thereby avoiding criminal record and bar from entering into the United States, which was essential for client’s employment.
Court: OCJ Barrie
P. D. Charges: Sexual assault
Result: Client enters into peace bond and charge withdrawn.
Court: OCJ Barrie
A.H. Charges: Domestic assault
Result: Client enters into peace bond and charge withdrawn, enabling client to pursue employment of choice.
Court: OCJ Bracebridge
N.M. Charges: Possession of dangerous weapon
Result: Client acquitted after trial.
Court: OCJ Barrie
R.G. Charges: Domestic assault X2, breach of probation
Result: Charges withdrawn.
Court: OCJ Barrie
R.R. Charges: Impaired driving and driving with excess alcohol
Result: Client plead guilty to careless driving under Highway Traffic Act, receives $500 fine, and charges withdrawn.
Court: OCJ Orillia
K.W. Charges: Breach of recognizance x2
Result: Charges withdrawn.
Court: OCJ Barrie
C.B. Charges: Domestic assault
Result: Client enters into peace bond and charges withdrawn.
Court: OCJ Owen Sound
A.S. Charges: Possession of illegal drugs for purpose of trafficking x2, possession of stolen property over $5000, and possession under $5000
Result: Bernard Cugelman files application pursuant to Charter of Rights on the basis of illegal search or seizure. All charges stayed or withdrawn at trial.
Court: OCJ Barrie
D.H. Charges: Threatening death
Result: Client enters into peace bond and charge withdrawn.
Court: OCJ Bradford
O.W. Charges: Impaired driving and driving with excess alcohol
Result: Client pleads guilty to careless driving under Highway Traffic Act and receives a fine. Criminal charges withdrawn enabling client to avoid catastrophic loss of employment.
Court: OCJ NorthBay
C. P. Charges: Impaired driving and driving with excess alcohol
Result: Client originally convicted at trial but conviction overturned on appeal to Superior Court of Justice. Client acquitted of both charges at new trial.
Court: SCJ and OCJ, Barrie
M. Y. Charges: Impaired driving by drug
Result: Client acquitted after lengthy trial.
Court: OCJ Barrie
D. L. Charges: Sexual assault, and assault
Result: Client convicted at trial. Represented by different counsel. Bernard Cugelman successfully appeals convictions to Superior Court of Justice. Convictions quashed and new trial ordered. Client facing deportation if conviction for sexual assault stands, and likely deportation if assault conviction stands. At new trial Bernard Cugelman obtains withdrawal of sexual assault charge, client pleads guilty to assault and receives a conditional discharge which avoids a criminal conviction and deportation order.
Court: SCJ Barrie
P. A. Charges: Assault bodily harm x2, assault with weapon, breach of firearms regulation, and application to forfeit firearm collection.
Result: Client enters into peace bond and all charges withdrawn.
Court: OCJ Collingwood
P. V. Charges: Identity theft and personation
Result: Client pleads guilty to provincial offence of trespass and criminal charges withdrawn.
Court: OCJ Bradford
R. M. Charges: Dangerous driving
Result: Client requires drivers license for employment. Bernard Cugelman negotiates plea agreement with crown whereby client pleads guilty to non-driving offence and receives a conditional discharge, thereby avoiding a criminal record and a license suspension.
Court: OCJ Bracebridge
S. S. Charges: Stunt driving
Result: Client pleads guilty to speeding and charge of stunt driving withdrawn.
Court: POA Barrie
S. B. Charges: Arson
Result: Client pleads guilty to mischief and receives a suspended sentence and probation.
Court: OCJ Barrie
C. T. Charges: Assault bodily harm
Result: Charge withdrawn.
Court: OCJ Barrie
J. R. Charges: Domestic assault
Result: Client enters into peace bond and charge withdrawn.
Court: OCJ Barrie
J.S. Charges: Threatening death
Result: Client enters into peace bond and charge withdrawn.
Court: OCJ Barrie
R.K. Charges: Possession of illegal drug for purpose of trafficking
Result: Charge stayed.
Court: OCJ Bradford
R.L. Charges: Sexual assault X6, sexual interference X6, sexual exploitation x3
Result:
Client acquitted of all charges after lengthy trial.
Court: SCJ Barrie with a Jury
J.R. Charges: Impaired driving and driving with excess alcohol
Result: Client pleads guilty to careless driving under Highway Traffic Act and criminal charges withdrawn.
Court: OCJ Bradford
S.C. Charges: Possession of illegal drug
Result: Charge withdrawn.
Court: OCJ Midland
D.L. Charges: Possession of dangerous weapon, unauthorized possession of firearm X4, possession of prohibited firearm, careless storage of firearm X4, obstruct police officer, threatening X3, assault X3
Result: Client pleads guilty to assault X2 and unauthorized possession of firearm and receives a suspended sentence with probation for two years. All other charges withdrawn.
Court: OCJ Orillia
S. L. Charges: Possession of illegal drug for purpose of trafficking
Result: Charge withdrawn.
Court: OCJ Orillia
M.G. Charges: Sexual assault and indecent act
Result: Client enters into peace bond and charges withdrawn.
Court: OCJ Bradford
I.Y. Charges: Possession of dangerous weapon
Result: Charge withdrawn.
Court: OCJ Bradford
J.B. Charges: Assault with weapon, possession of dangerous weapon, threatening, assault causing bodily harm
Result: Client enters into peace bond and all charges withdrawn.
Court: OCJ Barrie
M.B. Charges: Threatening death
Result: Client enters into peace bond and charge withdrawn.
Court: OCJ Bradford
S.C. Charges: Theft under $5000
Result: Charge withdrawn.
Court: OCJ Barrie
B.P. Charges: Mischief under $5000
Result: Charge withdrawn.
Court: OCJ Barrie
J.W. Charges: Possession of illegal drug
Result: Charge withdrawn.
Court: OCJ Orillia
R.F. Charges: Assault
Result: Charge withdrawn.
Court: OCJ Barrie
P.V. Charges: Production of marijuana
Result: Client pleads guilty to simple possession for $400 fine.
Court: OCJ Barrie
C.C. Charges: Assault police X2
Result: Client pleads guilty to lesser charge of causing disturbance and receives conditional discharge.
Court: OCJ Barrie
P.B. Charges: Production of marijuana, possession of marijuana
Result: Charges withdrawn.
Court: OCJ Orillia
N.E. Charges: Indecent act
Result: Client enters into peace bond and charge withdrawn.
Court: OCJ
Collingwood
G.A. Charges: Fraud over $5000 X2, criminal breach of trust
Result: Charges withdrawn.
Court: OCJ Barrie
B.T. Charges: Domestic assault, mischief, application to forfeit firearm
Result: Client pleads guilty to assault, receives absolute discharge, and remaining charges withdrawn.
Court: OCJ Barrie
B.B. Charges: Domestic assault
Result: Charge withdrawn.
Court: OCJ Barrie
S.J. Charges: Possession of illegal drug
Result: Charge withdrawn.
Court: OCJ Barrie
J.A. Charges: Possession of a loaded unregistered firearm
Result: Application pursuant to Charter of Rights allowed and charge withdrawn.
Court: OCJ Bradford
D.P. Charges: Sexual assault x2, sexual interference. Allegations regarding spouse and child.
Result: Defence position that no reasonable prospect of conviction accepted and all charges withdrawn, after lengthy discussions with crown.
Court: OCJ Orillia
J.V. Charges: Breach of probation
Result: Client performs community service and charge withdrawn.
Court: OCJ Newmarket
D.E. Charges: Domestic assault
Result: Client completes counseling, enters into peace bond, and charge withdrawn.
Court: OCJ Peterborough
P.D. Charges: Assault causing bodily harm
Result: After cross-examination of first crown witness at trial Crown agrees to accept plea to lesser offence of assault, and to joint submission for absolute discharge and peace bond, thereby avoiding criminal record and bar to entry into United States.
Court: OCJ Barrie
J.G. Charges: Possession of illegal drug for purpose of trafficking
Result: Bernard Cugelman negotiates plea to a lesser offence of simple possession for $500 fine thereby avoiding potential jail sentence.
Court: OCJ Bradford
B.B. Charges: Fraud over $5000
Result: Notwithstanding substantial sum of money involved Bernard Cugelman successful in obtaining conditional discharge for client thereby avoiding criminal conviction and deportation.
Court: OCJ Barrie
K.S. Charges: Make available, and possession of child pornography.
Result: Crown initially elects to proceed by way of indictment which upon conviction for charge of make available carries a minimum jail sentence of one year. Crown advises seeking sentence in excess of minimum. Defence sets trial date. Trial unable to proceed due to disclosure issues and rescheduled. Defence notifies crown of intention to make application pursuant to Charter of Rights for a stay of proceedings based upon unreasonable delay of trial. Bernard Cugelman then negotiates plea agreement with crown whereby crown elects to re-elect mode of proceedings to summary conviction, thereby reducing minimum sentence on make available charge to 90 days. Client sentenced to 90 days intermittent to be served on weekends, three months conditional sentence (house arrest), and three years probation, thereby allowing him to retain his employment and avoid lengthy jail sentence.
Court: OCJ Barrie
M.H. Charges: Assault against child
Result: Crown originally seeking conviction and jail sentence. Defence presents evidence to satisfy court that actual circumstances of offence considerably less serious than alleged by crown. Bernard Cugelman successful in prevailing upon presiding judge to sentence client to absolute discharge and peace bond, thereby avoiding a criminal record and a bar to travel to the United States, which was relevant to client’s employment.
Court: OCJ Barrie

No Guarantee of Results. Some of the case summaries, reports of past results and individual lawyer biographies on this website describe past matters handled for clients of the Firm. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers. You must not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or lawyer.

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