Notice Of Trial Was Stamped 5 Weeks Before Trial.

I got a ticket for HTA Section 128 end of August in the Peterborough district (I live in Etobicoke). I had applied for a trial date through mail.

Last week (December 4th) I received the Notice of Trial (Stamped Nov 30th) for a court date for January 7th. I wanted to apply for disclosure, but should I also apply for motion as well to move the date so I can review the disclosure. I remember seeing something about getting the documents 9 weeks before the trial, but they haven't even given that time, is that even fair? What should I do?

You're over thinking. Just request disclosure as soon as possible and go from there. There's no set amount of time that you are afforded to go over your disclosure. All charges are different and disclosure packages vary. They could have it ready tomorrow or they could have it ready on your trial date. Most likely (being 5 weeks away with the holidays), they'll have it on your trial date and they'll put off the trial for another day.

I would suggest you need at least 2 weeks to review the disclosure.

I would send request immediately for disclosure and then if you don't get it within 2 weeks of trial you can call Clerk of the Court and ask if they will move trial, or you can show up on the trial and ask the them to move it.