RICHARD STANWICK B.A. M.A. LL.B.
Barrister & Solicitor
5460 Yonge Street, Suite1807
Toronto, Ontario M2N 6K7
Phone: (416) 226-6587
Fax: (416) 226-9454
March 4, 2010
To: Michael McNamara, President
Twin Dragon Kung-Fu and Kick-Boxing Club
Dear Mr. McNamara:
Re: summary of results of POA charges
Further to your request, I am providing a brief summary of the results of the court case on January 27, 2010 in Newmarket wherein we defended successfully the charges against you and your brother Martin pursuant to various charges under the POA (Provincial Offences Act).
More specifically, the six charges against both of you related to
(a) s. 17(1) and s. 116 (1)(b)(ii) under the Consumer Protection Act,
(b) s. 8 (1)(a) of Reg 52 to the ACA and s. 13(2) of the Athletics Control Act and
(c) s. 2(2) and s. 10(1) of the Business Names Act.
After numerous judicial pre-trials and negotiations, the charges relating to the CPA and the BNA were withdrawn thereby leaving only the charges the ACA.
the second day of trial, JP Solomon concurred with my motion for a
non-suit and dismissed the outstanding charges on the basis that the
crown had not proved the essential elements of the case.
As well, as you are aware, prior to the laying of these Provincial charges, the Ministry and the provincial prosecutor intervened with the police and the crown attorney’s office in an attempt to
have both you and your brother charged under s. 83 of the Criminal
Code. I interceded and successfully negotiated a settlement whereby you
did not have to attend at the police station for questioning with the likely
consequence of being charged thereafter. Further, the crown attorney’s
office decided that it was not in the public interest to prosecute
amateur events pursuant to the heavy hand of the Criminal Code.
you were permitted to proceed with your exhibition by amateur fighters
provided that safety regulations similar to those employed by CASK were in place.
There is no current specific requirement that you promote your fight under the banner of CASK, as admitted by the civil lawyers in their Statement of Defence.
you may safely continue to pursue your amateur fights without fear of
criminal charges or potential charges under the ACA or POA provided that
the agreed upon safety and insurance elements that we discussed earlier
are in place.