A family lawyer is appealing a judge for a ruling that his case against the provincial police should be brought to trial.
In October, the Ontario Court of Appeal found that lawyer David Pemberton had to defend himself in court against allegations of fraud because the charges were filed without an investigation.
“If he (the police) are doing their job, then they should be able to bring charges against him and if they do, he should be allowed to defend themselves,” said Pembert’s lawyer, Jim Sacco.
Pemberts case has been referred to the Supreme Court of Canada, where it could take years to determine whether charges are warranted.
The Ontario Court found that Pembertons claim of fraud was “unfounded.”
“We don’t know if there’s sufficient evidence to proceed,” said Sacco, who has represented several people who have lost out on jobs due to their criminal history.
In his case, Pembertt said he had to hire a lawyer and go through court proceedings in order to prove his innocence.
“I had to do all of this for my clients to be able see that I was innocent,” he said.
The Supreme Court is scheduled to hear Pemberthers case in October.
Penderts lawyer told CBC News he hopes the appeal will get the matter back on track.
“This is a matter that I believe will get some sort of resolution and some sort (of) relief for the people who are the victims,” said David Pendert.
“They deserve that.”