Mr. Husband's counsel Dirk Derstine of Derstine Penman and Stephanie DiGiuseppe of DiGiuseppe Law successfully opposed the Crown's application for leave to appeal to the Supreme Court of Canada in the case of R. v. Husbands.
In 2012, Mr. Husbands was charged with two counts of first-degree murder and other offences related to the shooting at the 2012 Toronto Eaton Centre. Dirk Derstine and Stephanie DiGiuseppe were Mr. Husband's counsel at his 2014 trial, where he was convicted of second-degree murder. Those convictions were overturned by a unanimous decision of the Ontario Court of Appeal in 2017, with Dirk Derstine and Stephanie DiGiuseppe again acting as counsel.
The Crown sought leave to appeal the Court of Appeal's decision to the Supreme Court of Canada. On February 8th, 2018, a unanimous Supreme Court denied the Crown's application.
Both Derstine and DiGiuseppe will represent Mr. Husbands at his retrial, beginning in September of 2018, where, as a result of his acquittal for first-degree murder in 2014, he will face charges of second-degree murder.