Search found 8 matches

by Ta85
Thu Feb 13, 2020 8:40 pm
Forum: Courts and Procedure
Topic: Rescheduled Early Resolution Meeting - 30 Days
Replies: 13
Views: 2499

Re: Rescheduled Early Resolution Meeting - 30 Days

I wasn’t being sarcastic...I was enjoying the discussion. And yes, you have referred to case law which I’ve looked at and countered. You’ve provided legislation, as have I where the provision that I reference clearly mentions 30 days. If it was a loosey goosey timeline then it would say “the resched...
by Ta85
Thu Feb 13, 2020 7:59 pm
Forum: Courts and Procedure
Topic: Rescheduled Early Resolution Meeting - 30 Days
Replies: 13
Views: 2499

Re: Rescheduled Early Resolution Meeting - 30 Days

Curious if you’re a lawyer?

As I read the case it’s specifically about mistakes on a certificate of Offence.

Not the same as missing a legislated deadline.

I really appreciate all your input!
by Ta85
Thu Feb 13, 2020 5:10 pm
Forum: Courts and Procedure
Topic: Rescheduled Early Resolution Meeting - 30 Days
Replies: 13
Views: 2499

Re: Rescheduled Early Resolution Meeting - 30 Days

The original notice says “by law, the rescheduled date of your meeting must be within 30 days of your original meeting date”. I was actually checking the regular mail for the notice. Instead it came by email and it was in my junk folder which is why I didn’t see it. I called the courts today to find...
by Ta85
Thu Feb 13, 2020 4:21 pm
Forum: Courts and Procedure
Topic: Rescheduled Early Resolution Meeting - 30 Days
Replies: 13
Views: 2499

Re: Rescheduled Early Resolution Meeting - 30 Days

And as far as I understand you have to apply for an extension of time which the prosecutor would not have done. I think my point is that the conviction should never have been entered in the first place and I should be entitled to dismiss based on the prosecutor not scheduling the erm meeting in time...
by Ta85
Thu Feb 13, 2020 4:16 pm
Forum: Courts and Procedure
Topic: Rescheduled Early Resolution Meeting - 30 Days
Replies: 13
Views: 2499

Re: Rescheduled Early Resolution Meeting - 30 Days

You're right that they had to reschedule your ERM within 30 days of Dec. 17/19 (as per POA s.5.1(4)). That would mean your second meeting should have taken place by Jan. 16/20. Of course, this is all assuming that you requested the rescheduling of the ERM BEFORE Dec. 17/19. If you didn't then you w...
by Ta85
Thu Feb 13, 2020 3:35 pm
Forum: Courts and Procedure
Topic: Rescheduled Early Resolution Meeting - 30 Days
Replies: 13
Views: 2499

Re: Rescheduled Early Resolution Meeting - 30 Days

Go to your local POA court and file the paper work requesting a re-opening. They'll grant it. Once they do, don't bother with an ER meeting on that offence since the prosecution can't reduce anything----the $500 set fine on your ticket is already the minimum statutory fine (which neither they nor t...
by Ta85
Thu Feb 13, 2020 2:12 pm
Forum: Courts and Procedure
Topic: Rescheduled Early Resolution Meeting - 30 Days
Replies: 13
Views: 2499

Re: Rescheduled Early Resolution Meeting - 30 Days

But if they didn’t schedule the ERM within 30 days shouldn’t it be thrown out?
by Ta85
Thu Feb 13, 2020 1:40 pm
Forum: Courts and Procedure
Topic: Rescheduled Early Resolution Meeting - 30 Days
Replies: 13
Views: 2499

Rescheduled Early Resolution Meeting - 30 Days

Hi all, Hoping to get some insight. I got a notice for a handheld and requested an ERM. The Original date for the ERM was December 17, 2019. I requested to reschedule. On January 31, 2020 I received (through email) a notice for a new ERM date on February 12, 2020. The email went to my junk folder so...

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