Barrister & Solicitor
David G. Bayliss graduated from the University of Toronto Law School in 1982 and was called to the Ontario Bar in 1984. Dedicated to the exclusive practice of criminal defence law, he was asked to join the partnership now known as Pinkofskys six years later.
As a senior partner of the firm with knowledge and expertise honed over 25 years, David has established himself as a skilled and successful trial lawyer. He has appeared in hundreds of jury and non jury trials involving all types of criminal charges at all levels of the Ontario Courts, as well as in the courts of other provinces.
David’s current practice covers the field of criminal law including the defence of the most serious charges such as homicide and sexual assault, representation of clients before administrative tribunals and in lawsuits for malicious prosecution and negligent investigation.
A past Toronto director of the Criminal Lawyers Association, David participates as a panelist and demonstrator in continuing legal education programs for lawyers and other legal professionals and is regularly contacted by the media for his views on current criminal law issues.
A passionate defender of the individual and a fierce proponent of accountability within the justice system, David has regularly called state agents to account when their actions have been abusive or in violation of his clients’ constitutional rights.
David believes that premium quality legal services should be available to anyone charged with a criminal offence, without regard to their financial means or social standing.
Currently, David sits on the board of the Association in Defence of the Wrongly Convicted (AIDWYC), where he is actively involved in helping to correct past miscarriages of justice and advancing justice policy and initiatives designed to enhance the reliability of our justice system.
David believes that his clients’ interests are best served by a formidable and fearless advocate who will work tirelessly to achieve a positive result. It is a philosophy and practice that has yielded many successes for David and served his clients very well.
SOME RECENT EXAMPLES OF DAVID’S WORK
*names have been initialized to protect client privacy unless permission to use full names has been granted by client
· October 29, 2008: R. v. G.A.—first degree murder—not guilty verdict by jury (with co-counsel Sean Robichaud).
· June 11, 2008: R. v. W.P.—second degree murder—not guilty verdict by jury (with co-counsel Sean Robichaud).
· October 15, 2007: R. v. William Mullins-Johnson—first degree murder—Mr. Mullins-Johnson was exonerated by the Ontario Court of Appeal after twelve years of imprisonment having been wrongfully convicted of murdering his young niece, a conviction based in large part on the evidence of now discredited pathologist Dr. Charles Smith (with co-counsel James Lockyer).
· April 12, 2007: R. v. R.W.—sexual assault and sexual interference—not guilty verdict by jury.
· January 8, 2007: R. v. R.C.—sexual assault—charges withdrawn by Crown after preliminary hearing.
· August 18, 2006: R. v. M.B.—assault police—charges stayed against young person after constitutional violations based on unnecessary police violence established.
· June 29, 2006: R. v. S.P. and F.M.—defence application to quash subpoenas—subpoenas served on defence counsel withdrawn and costs paid by Crown.
· May 10, 2006: R. v. F.R.—sexual assault—charges stayed after violation of constitutional right to trial within a reasonable time established.
· March 20, 2006: R. v. N.B.—firearms possession—client discharged on charges after preliminary hearing.
· November 9, 2005: R. v. A.Y.—first degree murder—client discharged after lengthy preliminary hearing.
· October 27, 2005: R. v. N.B.—first degree murder—charges withdrawn.
· February 16, 2005: R. v. J. O.  O.J. No. 6048—sexual interference and sexual touching—client found not guilty and costs ordered against Crown for conduct of abusive prosecution violating constitutional rights.
· November 9, 2004: R. v. M.L.—first degree murder—not guilty verdict by jury (with co-counsel Najma Jamaldin).
· March 31, 2004: R. v. G.A.— importing cocaine—charge stayed after it was established that Canada Customs and Border Services routinely detained travelers through Pearson International Airport on the “superloo” for hours or days with no reasonable grounds to believe that narcotics were being carried internally.
· December 19, 2003: R. v. A.B—second degree murder—not guilty verdict by jury.
· April 9, 2003: R. v. B.M. (2003) 64 O.R. (3d) 299—robbery—charges against young person withdrawn and costs ordered against Crown for abusive prosecution violating constitutional rights.