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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. D. (2015), he secured the release of his client who had been charged with conspiring to import 150 kg of cocaine into Canada. After this, the Crown brought an application to revoke his client’s bail, which Brian successfully defended. In R. v. B. (2015), Brian brought a bail review for his client who had been detained. His client had eight outstanding charges (four of which were for failing to comply with three previous bail orders) between three different cases. Brian succeeded in persuading the Court to order his client released on her own recognizance.
Brian regularly conducts criminal trial before both the Superior Court and Ontario Court of Justice and has succeeded in obtaining acquittals after trial for charges of fraud, assault, uttering threats, driving over the legal limit, importing cocaine, and many others. He has also been successful in having his clients’ charges downgraded significantly at their preliminary inquiries. In one case, he was successful in having his client’s charges for human trafficking stayed. In another case where his client had been charged with attempted murder, he persuaded the Crown to accept a guilty plea to assault causing bodily harm. Many of Brian’s cases never proceed to trial because Brian has been able to secure withdrawal of the charges, sometimes before a trial date is even set.
Brian appears regularly at the Ontario Court of Appeal and has had several victories there. Most recently, in R. v. C., 2016 ONCA 599, after securing bail pending appeal for his client, Brian was successful in overturning the conviction of his client who had been convicted of importing 3.6 kg of cocaine and sentenced to six years in jail. The case provided an important precedent for the law surrounding the admissibility of hearsay evidence and was the subject of this article in The Lawyer’s Daily. Brian continued to act for his client on her second trial, which occurred over two weeks in 2017. After an afternoon of deliberation, the jury returned a verdict of not guilty.
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 his client received at his hearing. In R. v. W., 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, Brian has succeeded in obtaining significant 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. He has also been a panelist at Paul Cooper’s continuing professional development, The Law Garage.
J.D. – University of Victoria – 2011
B.A. Hons., McGill University and York University (Glendon College) – 2007
Criminal Lawyers’ Association
Toronto Lawyers Association