Prosecution: Criminal assault

Result: Criminal Charges withdrawn

Regina v. X.X. – January 2019

Lawyer: Sean Fagan

Charge: 266 of the Criminal Code of Canada

X.X. was charged with assault after a dispute between he and another driver that ultimately climaxed at a Starbucks drive in. X.X. was alleged to have followed the complainant for some distance across the city, ultimately arriving at a Starbucks where he tapped on the window of the complainant’s vehicle, and notified her that she nearly ran over a man while she was en route.

X.X. then started to return to his vehicle, when all of a sudden, the complainant, taking offence to the allegation of improper driving, became enraged, exited her vehicle, and stormed after X.X. The complainant pulled out her phone, began to take pictures of X.X. and threatened improper behaviour with those photographs. X.X. remained calm, and displayed non-aggressive behaviour. The complainant then put her phone inches form X.X.’s face, when X.X. slapped the phone out of her hand.

Ultimately X.X. was charged with criminal assault as a consequence of this alleged behaviour. X.X. retained the services of Calgary defence lawyer Sean Fagan. Sean Fagan was successful at securing the withdrawal of the prosecution, sparing X.X. a potential period of incarceration and a criminal conviction.