Wednesday, May 27, 2009

Calvin Barry Teams Up To Open London Office

Wednesday, May 27, 2009

Barry teams with two other firms to open office in London, ON today
I was given a heads up recently by long-time Delta Chi supporter Paula Stamp, director of operations and paralegal at Accident Resolution Group in Toronto, that her firm has joined forces with Calvin Barry's criminal law firm and the Patley Law Group to open an office in London, ON. For those of you who find yourself in London today, feel free to RSVP and drop by the grand opening celebrations this evening in Old South London.

Here's the official invite - all are welcome:
Accident Resolution Group (Paula S. Stamp), Patey Law Group (Shawn H. Patey) and Calvin Barry, Professional Corporation (Criminal Lawyers) invite you to join us at the official launch party of our London, Ontario LAW offices!

Venue: Casa Cubana Restaurant
Location: 175 Wortley Road
London, ON N6C 3P6
When: Wednesday May 27, 2009
4:00pm – 9:00pm

Join us for a fun filled event that will include complimentary food and cocktails.

La Jornada News Paper (London) will be our Guest of Honour.

Please RSVP: or via telephone: 1-800-973-4209 Ext 109.
Please visit our individual web sites for details on our TORONTO, VAUGHAN and LONDON offices and our services offered:

Posted by Elliott Chun at
9:03 AM
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Calvin Barry Defends Rugby Manslaughter

Dead rugby player consented to force, defence lawyer argues

May 26, 2009 01:07 PM

Bob Mitchell
Staff Reporter

A Mississauga high school student, who died in a rugby game, knew he was playing a physical contact sport, the lawyer for a teen on trial for manslaughter said today.

Manny Castillo consented to having physical force exerted against him by the simple fact he entered the playing field that tragic day, defence lawyer Lisa White told a Brampton court.

Castillo, 15, died from a serious head injury a few days after hitting his head on the hard playing field during a junior rugby game on May 9, 2007.

A former Erindale player, now 18, has pleaded not guilty to manslaughter in causing the Lorne Park player's death.

For now, his identity is protected by Canada's youth laws. The Crown intends to seek an adult sentence if he's convicted, opening the door to his name being published.

Justice Bruce Duncan is hearing this Brampton case without a jury. He's expected to deliver his verdict on Thursday.

The defence concedes the accused pushed Castillo to the ground but didn't drive him head-first, as the Crown contends.

The accused's actions that day were justified because they were done in self-defence, lawyer Lisa White said in her closing address.

"There is overwhelming evidence the (accused) was put into a headlock by Castillo," White said. "The initial force applied by Manny - putting (accused) in a headlock, is clearly outside the rules of the game."
She said (accused) reacted. "He couldn't get out of the headlock," she said.

The force he then applied to Castillo to get out of the headlock was done in self-defence, she said.

"He was entitled to repel with force once he was put into a headlock. He didn't intend to hurt him in any way.

"He didn't provoke. He responded out of fear of harm and drove him back with reasonable force in self-defence."

It's the Crown's case the Erindale player, then 16, committed manslaughter when he lifted Castillo into the air, his feet facing upwards, and then killed him when he drove him head first into the ground.
Crown John Raftery said the deadly move was separate and apart from the normal play on the field.

"You can be sure there was a break (in action) between a play ending and (accused) injuring Castillo," Raftery said.

There was no doubt Castillo was "driven head-first" into the ground. "That is outside the law of the land," he said.

The ball was nowhere near them when Castillo was fatally injured, and the referee had already blown the play dead when the unlawful act on the field occurred, Raftery said.

Following the critical play, Castillo lay motionless, and was dying from severe head and spinal cord injuries.

As White and Raftery delivered their remarks, Duncan continually played the devil's advocate, questioning and challenging them on several points.

Among his questions.

— How was it that several witnesses testified they saw the accused running towards Castillo and grabbing or trying to tackle him before the alleged headlock took place.

— How was it that others never saw Castillo being driven into the ground. Wasn't what the accused did not an illegal tackle?

White said the fact the incident occurred on a rugby pitch takes it into an entirely different area from somebody assaulting a person on a street.

The Crown must prove Castillo didn't consent to physical force from his opponent for her client to be convicted of a deadly assault, she said.

Raftery agreed that if Duncan finds the accused reasonably felt he was in grave danger, then he could find there were grounds for self-defence. But he insisted the self-defence theory was inconsistent with the evidence.

He agreed if Duncan also finds there was one continuous play, and not a break in play, then he could also acquit him.

Before hearing submissions, Duncan asked both sides to provide a brief review of what they believe witnesses said during the two-week trial.

Various Crown and defence witnesses, including rugby experts and players, and parents, gave conflicting evidence as to what they saw during the incident that led to the young player's death.

The accused testified he fell on top of Castillo when he wrestled his way out of the headlock. He said he panicked because he couldn't breathe and reacted by pushing Castillo forward. He fell on top of him.

He denied intentionally hurting him. He said he was unaware he was injured when they both fell to the ground.

He never lifted him up or drove him head-first into the ground or boasted about it afterwards, as Crown witnesses said.

Castillo was later declared brain dead in hospital. He also sustained a bruised spinal cord, which would have been fatal had paramedics not attended.

The spinal cord injury occurred when his neck was flexed forward — not backward — beyond its range of motion, according to a neuropathologist

Had he survived, Castillo could have been paralyzed.

Tuesday, May 12, 2009

Didn't 'pile drive' victim, teen says - GTA -

Accused of killing opponent in 2007 rugby game, teenager tells court he only pushed him to ground

May 12, 2009

Bob Mitchell

A Mississauga teen accused of killing another in a May 9, 2007, high school rugby game denied intentionally hurting Manny Castillo.
The teen, now 18, maintained yesterday he only pushed Castillo to the ground because he was in a headlock.

"I never picked him up," said the teen, testifying in his own defence in a Brampton courtroom.

The accused insisted he fell on top of Castillo during a brief late-game scuffle, a struggle he never started.

Castillo's forearm was locked around his throat, he told his lawyer, Calvin Barry.

"I couldn't breathe ... I was scared ... I panicked," he said. "I tried to get out but I couldn't. I pushed forward with my head and legs."

Castillo, 15, died a few days later in hospital. He became brain dead because of a severe head injury.

Crown prosecutor John Raftery says the teen, then a 16-year-old player with the Erindale team, killed Castillo when he drove him head first into the ground during an illegal tackle after the referee blew his whistle to stop the play and the ball was nowhere near him.

The accused has pleaded not guilty to manslaughter in a judge-alone trial before Justice Bruce Duncan.

For now, the accused's identity is protected by Canada's youth laws. The Crown intends to seek an adult sentence if he is convicted, opening the door to his name being published.

The accused said he and Castillo were pushing each other as part of the normal play. His head was under Castillo's armpit.

"I thought I heard a whistle," he said. "I went to ease up but his arm was around my head and his forearm and wrist were around my throat. I tried to get out but I couldn't.

"It was hard to breathe. I brought my arms around him and pushed forward with my legs.

"I pushed. We both went down. I landed on top of him. We hit ground and I jumped back up."

He denied lifting Castillo over his head in anger and driving him head first into the ground.

He also denied boasting from the sidelines afterwards that he had "pile drived" Castillo "as hard as he could" into the ground.

Various Crown witnesses testified he grabbed Castillo by his waist, lifted him up until his feet were in the air and then drove him head first into the ground.

Monday, May 11, 2009

Wednesday, May 6, 2009

Calvin Barry Criminal Lawyer

Calvin Barry - Defends Accused in Fatal High School Rugby Incident

Calvin Barry - Criminal Defence Lawyer

Calvin Barry defends Mississauga youth in manslaughter charges.


Calvin Barry is defence counsel to Mississauga teen accused of manslaughter during highschool rugby game.

Friday, May 1, 2009

Calvin Barry

Former Crown Attorney 15+ Years