Brian Eberdt, Principal and Founder

Trial Experience

I have represented clients facing charges ranging from theft under $5,000 to first degree murder and have developed experience in obtaining results at all stages of criminal proceedings. I have a particular interest in securing bail for my clients. I have 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.

I regularly conduct criminal trials before both the Superior Court and Ontario Court of Justice and have succeeded in obtaining acquittals after trial for charges of fraud, assault, uttering threats, driving over the legal limit, importing cocaine, possession of counterfeit currency and many others.  I have also been successful in having my clients’ charges downgraded significantly at their preliminary inquiries, this includes the complete discharge of a client charged with first degree murder in 2017. Many of my cases never proceed to trial because I have been able to secure withdrawal of the charges, often before a trial date is even set.

Appellate Experience

I appear regularly at the Ontario Court of Appeal and have had several victories there.  In R. v. C., 2016 ONCA 599, after securing bail pending appeal for my client, I was successful in overturning her conviction for importing 3.6 kg of cocaine.  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.  I continued to act for my 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.

Civil Experience

In my civil practice, I have obtained significant settlements for my clients, avoiding costly trials. By applying the skills of cross-examination that I have developed in criminal court, I excel in conducting examinations for discovery. I specialize in areas where the criminal and civil justice system intersect, including cases that involve police misconduct and negligence. 

Education

I completed my Bachelors Degree in Psychology at both McGill University in Montreal and Glendon College, the bilingual campus of York University, in Toronto. Subsequently, I obtained my Juris Doctor from the University of Victoria in British Columbia. There, I studied under Professor Gerry Ferguson, co-author of the Annual Review of Criminal Law and the Canadian Criminal Jury Instructions alongside the Honourable Justice Dambrot.

While at the University of Victoria, I completed several four-month co-op terms where I began to practice criminal law. One of these terms was spent with a criminal defence firm in Toronto and another with a sole practitioner in Victoria, BC. I also spent eight months working with the Law Centre in Victoria, BC.

I graduated from the University of Victoria in 2011 and, after completing my articles at Lockyer Campbell Posner in Toronto, I was called to the bar in June of 2012. I remained as an associate at Lockyer Campbell Posner until beginning my own practice in 2019.

Throughout my career, I have continued to be involved in legal education and have acted as an instructor at the Toronto School of Management for their NCA Exam Preparation Program.