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Brian Eberdt has been an associate at Lockyer Campbell Posner since 2012. While his primary focus is criminal law, he also practices civil litigation and regulatory law. He appears regularly at every level of court within Ontario, working at both the trial and appellate level. Brian bases his practice on effective communication with his clients, relentless preparation, and fearless advocacy.
In his trial practice, Brian has represented clients facing charges ranging from theft under $5,000 to first degree murder and is experienced with each stage of these proceedings. He has a particular aptitude for securing bail for his clients. He has succeeded in obtaining bail orders after contested hearings for clients charged with attempted murder, possession of a firearm, possession of controlled substances for the purpose of trafficking, and many other serious criminal offences. Recently, in R. v. C.D. (2015), he secured the release of his client who had been charged with conspiring to import 150 kg of cocaine into Canada from abroad. After this, the Crown brought an application to revoke his client’s bail, which Brian successfully defended. Subsequently, he brought an application to remove a condition of electronic monitoring and loosen other conditions, which was granted after a hearing contested by the Crown. In many of his cases, Brian has been able to persuade the Crown to stay the charges before setting a trial date.
Brian has also had success at the appellate level. In Fuchs v. Ontario (Criminal Injuries Compensation Board), 2013 ONSC 667, he appeared before the Divisional Court with fellow LCP counsel, Alison Craig. There, he persuaded the Court that the Criminal Injuries Compensation Board erred in reducing the payment the Appellant received at his hearing. In R. v. Ward, 2013 ONSC 691, he was successful in arguing the appeal of a conviction for breach of recognizance, after which the summary conviction appeal court took the rare step of entering an acquittal (as opposed to ordering a new trial). In R. v. Harmsworth, 2014 ONCA 531, he assisted James Lockyer in responding to the Crown’s appeal of a “time served” sentence, which was imposed after a jury trial for aggravated assault.
In his civil practice, he has succeeded in obtaining many favourable settlements for his clients, avoiding the necessity of a trial. By applying the skills of cross-examination that he has developed in criminal court, he is able to excel in conducting examinations for discovery in his civil files. Brian’s areas of specialty within his civil practice include representing individuals who have suffered damages as a result of police misconduct and commercial litigation within the transportation industry.
Since 2015, Brian has been a regular contributor to NOW Magazine’s legal column, Reasonable Doubt. His articles can be found here.
J.D. – University of Victoria – 2011
B.A. Hons., McGill University and York University (Glendon College) – 2007
Criminal Lawyers’ Association
Toronto Lawyers Association