JOHN J.M. SCARFE B.A. LL.B. Barrister and Solicitor email
John Scarfe was born and raised in Toronto.
After completing high school, he obtained a Bachelor of Arts degree from the University of Western Ontario in Philosophy and Political Science. He went on to obtain his law degree from the University of British Columbia in 1990. During his third year of Law School, John participated in the U.B.C. Law School Legal Clinic Program which focused on the representation of financially disadvantaged persons facing criminal and immigration issues. During that time, he conducted a number of criminal trials.
After graduating with his L.L.B., John Scarfe went on to article for the large Bay street firm Osler Hoskin and Harcourt. Upon completion of the Bar Admission Course, John was called to the Bar in February of 1992. He has been practicing law as a criminal defence lawyer ever since. John’s practice focuses exclusively on the area of criminal defence and the handling of all criminal and quasi criminal matters.
As an experienced trial lawyer, John’s interest in the Canadian Charter of Rights and Freedoms has lead him to frequently challenge the scope of police powers. He has been successful in having evidence excluded on the basis of unconstitutional police conduct. John’s focus on the rights of the individual has lead to a number of significant reported judgments, some of which are summarized below. A quick perusal of these cases shows a solid record of success in forming and delivering creative legal arguments.
Outside of Court, John strives to be approachable, and ensures each client has a thorough understanding of the pros and cons of their case, and the options available to them. His significant experience defending various criminal charges and his long-standing reputation in the Courts ensures that his clients achieve the best possible result.
Over the last 18 years, John has consistently attended conferences and continuing education programs in an effort to stay current in his ongoing study of criminal law on both sides of the border.
Memberships:
- Member in Good Standing with the Law Society of Upper Canada
- Criminal Lawyers' Association
- Toronto Lawyers Association
- Association in Defence of the Wrongfully Convicted
- Former Instructor to the Bar Admission Course
Significant Judgments
R v P (2001)
This was a case where police officers testified that Mr. Scarfe's client, a black man walking in an alleyway in downtown Toronto, was in possession of illegal narcotics which he was carrying out in open view. He was charged with possession for the purpose of trafficking. Mr. Scarfe attacked the credibility of the police officer and asserted Mr. P.'s constitutional rights under the Canadian Charter of Rights and Freedoms to be free from racial profiling. Mr. P. was acquitted as a result. Read case (PDF)
R v C.S. (2009)
This was a case where Mr. Scarfe, along with lawyers for other similarly situated clients, brought an Application to strike down legislation mandating that any young person convicted of a designated offence (in our client's case, a finding of guilt for Assault Causing Bodily Harm) must give a sample to the DNA databank. Mr. Scarfe argued that it was unfair to take away the sentencing judge's discretion to not order a sample given all young persons enhanced right to privacy. The Court agreed and read down the legislation in a way that restored the sentencing judge's discretion. The Crown appealed, and the matter is now pending before the Ontario Court of Appeal. Read case (PDF)
R v S (1997)
This is a case where Mr. Scarfe represented a man charged with sexual assaulting numerous children over many years in connection with the infamous hockey arena, Maple Leaf Gardens. Mr. Scarfe sought a sentence at the very low end of the sentencing range (2 years less a day plus three years probation), which the Court granted. The sentence was later overturned by the Ontario Court of Appeal and raised to 5 years. Read case (PDF)
R v B (2008)
This is a case where Mr. Scarfe brought an application pursuant to the Canadian Charter of Rights and Freedoms for a stay of proceedings on the basis of an unreasonable delay in bringing his client to trial. After careful consideration of all the factors, the Court granted the application and Mr. Scarfe's client's drinking and driving charge was stayed. Read case (PDF)
R v V.K.
This is a similar case to above (R. v. B.). At the trial of Mr. Scarfe's client on drinking and driving charges, the defence brought an application to have the charges thrown out on the basis that it took too long to bring the matter to trial. The Court agreed and Mr. Scarfe's client's charges were dismissed. Read case (PDF)
R v T (2003)
The Crown brought an application against Mr. Scarfe's client seeking an order restricting his movements on the basis of something he might do in the future. It was alleged that Mr. Scarfe's client had a history of pedophilia, and as such, it was in the public's interest to impose conditions designed to keep him away from children. Mr. Scarfe was successful in convincing the Court that this was an inappropriate case for such an order. Read case (PDF)
R v H (2001)
In the course of a murder trial, Mr. Scarfe and his co-counsel Mr. Lewis brought an application on behalf of their client, for permission to lead evidence of the deceased's tendency to behave in a violent manner. After lengthy argument, the Court granted the application and allowed the defence to lead the evidence. These are the Court's reasons. Read case (PDF)
R v H (2001)
In the course of the same murder trial as above, Mr. Scarfe and Mr. Lewis applied to the Court for a ruling that the Crown not be permitted to cross-examine the defendant as to his refusal to answer questions at a preliminary hearing. After considering the issue mid-trial, the Court ruled in the defendant's favour. Read case (PDF)
R v C.H. (2009)
This was a case where Mr. Scarfe's client was charged with Assaulting and Obstructing a police officer. A trial was held and all the police officers were cross-examined at length. The Court found it had a reasonable doubt as to whether or not what the officer's said was true, and Mr. Scarfe's client was acquitted on both charges. Read case (PDF)
R v J.C. (2009)
Much like the case above, Mr. Scarfe's client was charged with assaulting and obstructing a police officer, this time outside a nightclub in the Entertainment district of Downtown Toronto. After cross-examining the officer's in question, the Court was left with a reasonable doubt as to the guilt of the accused. Read case (PDF)
R v J.K. (2003)
This was a case where Mr. Scarfe's client was charged with attempting to procure a person to engage in prostitution, as well as sexual assault, forcible confinement, etc. A trial was held and Mr. Scarfe cross-examined the complainant at length. The Court found that it had a reasonable doubt as to the guilt of the accused and acquitted him. Read case (PDF)
KATHRYN WELLS B.A. LL.B. Barrister and Solicitor email
Kathryn Wells was born and raised in London, Ontario. Upon completing High School, she attended the University of Western Ontario where she obtained a Bachelor of Arts in Social Sciences.
She went on to receive her law degree (L.L.B.) from the University of Western Ontario in 2001. Throughout her tenure as a law student, Kathryn became involved in Community Legal Services, a non-profit clinic staffed by law students, dedicated to representing members of the community facing criminal charges and unable to afford representation. Her work involved defending clients of the clinic in criminal court.
After graduating with distinction, Kathryn went on to article with the prestigious firm of Goodmans LLP, in Toronto, where she had the opportunity to learn from some of the best civil litigators in Canada. In 2003, after being called to the Bar and becoming an associate with Goodmans LLP, Ms. Wells decided to pursue her true passion - criminal law.
Since that time, Kathryn has been dedicated to defending people from all walks of life on a wide range of criminal and quasi-criminal charges. In 2006, Kathryn Wells and John Scarfe represented co-accused youths in a first degree murder case. It was upon completion of that case that John and Kathryn decided to amalgamate their resources and experience to create Scarfe Wells.
Over the course of her career Ms. Wells has conducted a number of serious and high profile trials. She has appeared at all levels of court in Ontario, including the Ontario Court of Appeal. She has acted as defence counsel in several murder cases. For example, she acted as co-counsel in the highly publicized murder trial of 6 bikers charged in connection with the deaths of eight members of the Bandidos Motorcycle Club, the largest mass murder in Ontario history. That trial took 11.5 months to complete.
Kathryn devotes a significant amount of her time to the representation of Young Persons charged with criminal offences under the Youth Criminal Justice Act. A large portion of Ms. Wells’ practise also deals with challenging the scope of police powers and arguing for the exclusion of evidence due to inappropriate police conduct.
Kathryn regularly attends continuing legal education programs focusing on various topics of criminal law. She has lectured to other lawyers at a number of criminal law conferences on topics such as self-defence and search warrants.
Memberships:
- Law Society of Upper Canada
- Criminal Lawyers' Association
- Toronto Lawyers Association
Significant Judgments
R v E.T. (2006)
This was a case where Ms. Wells' client, a young person, was charged with Manslaughter in relation to the shooting of two victims, one of whom died as a result. Ms. Wells brought an application to have the young person released on bail. Although the Crown lead evidence that the accused was already on a release for another criminal offence, that he had allegedly assisted in the planning of the ambush, and had assisted in the disposal of shell casings, the Court was persuaded to release him on bail. Read case (PDF)
R v P (2005)
This was a first degree murder case where Ms. Wells' client was accused of drowning her autistic baby in a bathtub. Despite evidence that the drowning was not accidental, and that Ms. Wells’ client suffered from bipolar affective disorder, she was able to persuade the Court to release her client on bail pending her trial. Read case (PDF)
R v F (2010)
This was an appeal in which Ms. Wells argued that the original trial judge made an error by refusing to grant Mr. F’s application to have his case thrown out as it had taken too long to get to trial. Ms. Wells was successful in persuading the Summary Conviction Appeal judge to overturn the decision of the trial judge and stay the proceedings. Read case (PDF)
R v M.A. (2007)
This was a case where the Crown alleged that Ms. Wells' client had confessed to the crime of Robbery at the time of his arrest. Ms. Wells was successful in persuading the presiding judge that confession had been obtained without compliance with the Youth Justice Criminal Act. As a result, the Court refused to admit the confession into evidence. Read case (PDF)
IRUM KHAN B.A. (Hons) J.D. Barrister and Solicitor email
Irum completed her undergraduate degree in Sociology at the University of Toronto in 2001 and received a Juris Doctor degree from Wayne State University in 2004. During Law School, Irum interned with the Detroit Free Legal Aid Clinic and represented many low income individuals faced with criminal charges. Irum's academic achievements are highlighted through being named on the Honor Roll, receiving the Book Award in Constitutional Law, and being a semi-finalist in the International Law Moot Court Competition. Irum was called to the New York State Bar in 2004 and to the Ontario Bar in 2007.
After Irum's call to the New York State Bar, she briefly practiced Securities Law before switching to Criminal Law in 2007. Since that time, she has practiced exclusively in the area of criminal defence. She has conducted bail hearings, trials and preliminary hearings in the Ontario Court of Justice, and has argued charter applications and conducted trials in the Superior Court of Justice.
Memberships:
- Law Society of Upper Canada
- Criminal Lawyers' Association
- Toronto Lawyers Association
Lindsey Santerre B.A., J.D. Articling Student email
From a very young age, Lindsey was passionate about criminal law.
In 2004, Lindsey completed the Police Foundations program at Canadore College and in 2007 she completed her undergraduate degree in Law and Justice at Laurentian University.
In 2009, Lindsey completed her Juris Doctor degree from Bond University in Australia. While in law school, she specialized in criminal law and was actively involved in student politics. She held positions as the Social Director on the Canadian Law Students’ Association; Post-Graduate Liaison on the Bond University Student Association and President of the Postgraduate Student Association.
She participated in numerous advocacy and negotiation competitions. Lindsey was also a Research Assistance in a recently published book on International Dispute Resolution.
Upon returning to Canada, Lindsey was a Teaching Assistant at Laurentian University in the Law and Justice Department and was a summer student with Derstine Penman Criminal Lawyers.
Lindsey began working with Scarfe Wells in August 2010 and is excited and eager to gain practical experience.
