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Ontario Highway Traffic Act

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Re: Careless driving - left turn causing collision
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PostPosted: Mon Jan 02, 2017 6:59 pm 
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Joined: Fri Oct 11, 2013 5:46 pm
Posts: 258
argyll wrote:
...The worst we ever discussed at work was whether a police officer could be disturbed criminally...


Disturbed mentally is a given, but criminally is a whole different issue! :lol:


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Re: Careless driving - left turn causing collision
PostPosted: Mon Jan 02, 2017 8:09 pm 
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In Ontario Court of Justice, one JP's decision is not binding on another JP.

But when you find an Ontario Court of Justice appeal case (not Ontario Court of Appeal) that was decided by a Judge, is that case binding on JP's since a Judge decided it?

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+++ This is not legal advice, only my opinion +++


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Re: Careless driving - left turn causing collision
PostPosted: Mon Jan 02, 2017 8:37 pm 
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jsherk wrote:
In Ontario Court of Justice, one JP's decision is not binding on another JP. But when you find an Ontario Court of Justice appeal case (not Ontario Court of Appeal) that was decided by a Judge, is that case binding on JP's since a Judge decided it?


That's correct.

To further clarify, a Superior Court of Justice decision is binding on an OCJ judge, and an Ontario Court of Appeal decision is binding on both (and the JP for that matter). Of course, the Supreme Court is binding on everyone.

Of course, that's the theoretical rule. However, keep in mind that in practice, lower courts are notorious at 'distinguishing' their case from the 'precedent' case. In other words, they hold that THEIR case is different from what the higher court (precedent) ruled (to get around being bound by that decision!). Plus, equal level courts sometimes disagree with the other's interpretation. So, one OCJ appeal judge will decide differently than another OCJ appeal judge!

That's when you get conflicting decisions, and then you need a higher court to clarify things. It happens all the time.


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Re: Careless driving - left turn causing collision
PostPosted: Thu Jan 05, 2017 12:28 pm 
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jsherk wrote:
Just call them and ask if it is ready. If you still have not received it by the trial date (or get less than 2 weeks before the trial) then you can ask for an adjournment at the trial and say you want to have time to review the disclosure with a lawyer.


Most Prosecutor Offices will not mail out disclosure packages and you will likely be required to pickup your disclosure in person. While I can not directly advise you how to act on your own behalf at court as a self-represented defendant, a second formal and documented disclosure request would generally be my standard practice. Should disclosure not be provided by trial, it would be a basis to request the charge be dismissed although the Justice may grant an adjournment to allow the Prosecutor more time to remedy the lack of disclosure.

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The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


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