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.

Niclas Menzel, Senior Associate

I am an internationally and domestically trained lawyer. I first studied law in Munich, Germany, and graduated in 2015. After another two and a half years of mandatory training as a lawyer, prosecutor, and judge, I was called to the bar in Munich in January 2018. After practising at a busy law firm in Munich, I moved to Toronto. Here, I studied at Osgoode Hall Law School, where I obtained a Master’s of Law. In 2020, I joined BE Defended as an articling student in 2020, then joined the firm as an associate upon my call to the bar.

I successfully represent clients at all stages of their proceedings, including their initial arrest, bail hearings, trials, and on appeal.

My successes include having countless charges withdrawn, including charges for firearm offences and possession of drugs for the purpose of trafficking. I have also achieved outright acquittals with and without successful Charter applications, including for violent offences and impaired driving; as well as discharges following preliminary inquiries, in particular for drug charges.

I have an excellent track record for bail hearings and have won heavily contested bail hearings and reviews at all levels of court including the Court of Appeal.  

I am licensed as a lawyer both in Ontario and in Germany.

Lucas Azzopardi, Junior Associate

I completed my undergraduate studies at McMaster University, where I obtained my bachelor’s degree in Justice, Political Philosophy and Law. I then attended the University of Ottawa where I obtained my Juris Doctor. While in Ottawa, I interned at a prominent criminal defence firm where I assisted on the acquittal of a client charged with first-degree murder.

I joined BE Defended in 2021, first as an articling student, and now as an associate. While at BE Defended, I have appeared before the Ontario Court of Justice, Superior Court of Justice, and Ontario Court of Appeal and have represented clients on a wide variety of charges including impaired driving, theft, robbery, sexual assault, and murder. I have experience representing clients at all stages of the criminal process including their initial arrest, bail hearings, trials, and parole hearings.

I have also represented clients in the civil context on matters before the Small Claims Court, the Landlord and Tenant Board, and the Superior Court of Justice.