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

Email: stanwick@rogers.com  

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After numerous judicial pre-trials and negotiations, the charges relating to the CPA and the BNA were withdrawn thereby leaving only the charges the ACA.

After 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.

Consequently 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.

Thus 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.