Search found 136 matches: london young

FyreStorm wrote: Mon Jun 15, 2020 8:40 pm Yes, there's one to fight.

How should I? I've heard people just avoiding it until justice reviews it and if not they appeal using the London vs Young, but are those tactics dated? It's my second ticket ever, first one being only 15km/h over so I'm new to this. Any advice would be greatly appreciated!

... as $180 set fine and $200 Total Payable. If I ignore the Ticket, can I still use London vs Young 2008 to get it quashed? Or has case laws changed since I've last been on here?

... the argument is that the ticket is not "complete and regular on its face." Per London v Young (which was about incorrect set fines on a bunch of tickets), the judge states in paragraph 30:
"The Oxford English Dictionary, 2nd ed., Vol. XIII, at p. 523, contains a number of definitions or meanings of the word "regular". One definition that appears ...

... on the ticket), and getting 3 demerits in the process. The other option, similar to London v. Young, is to request trial, not show up and be convicted (deemed not to dispute charge). Under this scenario, I would be convicted of s. 128 for speeding, to which I would appeal and say: "my ticket and the set fine says it is about a permit violation, why ...

... and wait to see if it gets quashed. If it doesn't then you can appeal citing the London v Young case.

Hi. So the ticket was not quashed. I have received a Notice of Fine/conviction. What's next? How do I appeal the ruling? Any further details on the London vs Young case?

Thanks for all your assistance!

Yep this looks like a classic fatal error scenario. The best thing to do in this situation is ignore the ticket and wait to see if it gets quashed. If it doesn't then you can appeal citing the London v Young case.

... it comes to fighting such cases tooth to nail.

Anyway, just a small note to jsherk, London v. Young would still be a valid argument if you need to use it, in that case the tickets were not corrected. So if a ticket is filled with the court and it is incomplete, you can still use that case law.
In this scenario the officers were "modifying" with the ...

... out with a new ruling today that will effect those of us who might wish to use the London v. Young defence. It seems that the court has said that if a cop notices an error on a ticket before filing it he or she can change it on their copy before filing to with the court. In order to get the ticket quashed you will now have to convince a Judge that ...

... it self, instead it is contained in an Ontario Court of Appeal ruling called City of London vs. Young. Here is a link to it http://www.ontariocourts.ca/decisions/2008/may/2008ONCA0429.htm

Also worth reading is the Provincial Offences Act. This is the enabling legislation that allows police officers and other enforcement agencies to issue tickets ...

... it self, instead it is contained in an Ontario Court of Appeal ruling called City of London vs. Young. Here is a link to it http://www.ontariocourts.ca/decisions/2008/may/2008ONCA0429.htm

Also worth reading is the Provincial Offences Act. This is the enabling legislation that allows police officers and other enforcement agencies to issue tickets ...

If the ticket does not state section number 128, then you must follow the London v. Young "forced fatal error" method. There are many many threads here that discuss this method, please use the search bar.

List of fatal errors: http://www.ontariohighwaytrafficact.com/topic1965.html

It appears you have already chosen the trial option. In order to force ...

... to do nothing, i didnt appeal nor pay, hoping to get the ticket quashed based on London vs young. Unfortunatelty, I was convicted in absence. I appealed and have my appeal date in the next 2 days. Also, when I filed the appeal, the clerk gave me copies of all the relevant documents, and in that I noticed that she had a copy of my ticket, however ...

... the search function on this site to search for the terms "force fatal error" and "London vs Young" that should bring up a number of threads from people who have used this strategy to defeat tickets with fatal errors on them.

Sounds like a good candidate for the London v Young defence, since the fine doesn't match the offence listed on the ticket.

... a huge difference on my insurance increase and demerit points).

Wondering if London v. Young applies here and the best way to proceed.

This was on highway 64, ontario.

... Then it's up to you whether you want to go the London v. Young forced fatal error route for this by-law ticket. IMO I think you should, $115 or $85 is still a lot of money, but it depends on how much your time is worth appearing in court for one-day if you're forced to appeal.

Appeal Process: http://www ...

... Then it's up to you whether you want to go the London v. Young forced fatal error route for this by-law ticket. IMO I think you should, $115 or $85 is still a lot of money, but it depends on how much your time is worth appearing in court for one-day if you're forced to appeal.

Appeal Process: http://www ...

I'd say yes. The London v. Young ruling focused heavily on the set fine issue. As we know, there are only a few things that render a ticket null and the set fine is definitely one of them. There's the R. v Monahan decision which says quite clearly that even if the total payable is correct, if the set fine is wrong, the certificate is not complete and ...

Sooo, yea I sped and got a ticket! My first I think in 10 years!!

Anyways, I noticed my Set Fine amount is Incorrect! But my Total Payable fine is Correct.

Would I be able to use the Fatal error, London v. Young method?

Thanks

... and had the ticket quashed in their respective situations, however - in reading London v. Young, what stands out to me is:

London (City) v. Young, 2008 ONCA 429
http://canlii.ca/t/1x2n3

[82] I acknowledge that there can be cases where a mistake in the "set fine" amount found on the offence notice (the defendant does not see the certificate of ...

... here have won fatal error cases on appeal. If you search force fatal error or London v Young using this site's search function you will find many threads on the subject. I have added links to a few of the more informative ones but there are more if you search. Also the city should refund the fine money you paid if you win your appeal.

http ...

... will eventually examine the ticket and should throw it out at that point (based on London vs Young and POA section 9(1)b). If they don't, appeal.

This thread/comment seems relevant: http://www.ontariohighwaytrafficact.com/topic6662.html#p34362

And this one: http://www.ontariohighwaytrafficact.com/topic6486.html

When I go to appeal/higher court do I photocopy 2 copies of London Vs Young?

Do I photocopy set fines for speeding 33 km. hr and over?

Any other "GOTCHAS" I have to watch over??
Thanks
joepenoso

... conviction without contact from me at all........now I am appealing conviction using London vs. Young Fatal Error wrong fine $ on speeding ticket and March 20, 2015 is my (APPEAL) court date in a higher court.
joepenoso

... to extend time to file an appeal. I cited reasons for this as fatal errors quoting London vs. Young as fine was incorrect for speeding 33 km. over and also defendents ( my) misspelled name. was given back my paper work and sent to the second floor Prosecutions office. I was told to go to 7785 Hurontario Courthouse across the street and file this ...

... any way defective in substance or in form.[/quote]You need to search this forum for London v. Young, and the appeal process; even one of the recent threads on the home page has information regarding this: http://www.ontariohighwaytrafficact.com/topic6703.html

Forced fatal error involves zero communication with the crown or the JP. The only time you ...

Wait until the JP is done with it. The JP should notice the error on your ticket and quash it, in which case you won't have to do anything. If he misses the error then you can go ahead and appeal using London vs Young.

... it now..........or wait till the J.P. gets through with it and appeal it then using London vs. Young. Fatal Error, incorrect fine....yadda yadda yadda?
joepenoso
Thanks
You

... ca/living/provincial-offences/pdf/Notice-of-Appeal-Part-1&2-POA-0201.pdf 4.) I quote London vs Young. Correct???
To paraphrase I don,t go to court because the ticket can only be amended during trial. After trial I ask for a form stating Fatal Error and quoting London vs. Young because the ticket now cannot be amended. My misspelled name with ...

... happens in my absence, I ask for a form called(What is the form called)?
4.) I quote London vs Young. Correct???
To paraphrase I don,t go to court because the ticket can only be amended during trial. After trial I ask for a form stating Fatal Error and quoting London vs. Young because the ticket now cannot be amended. My misspelled name with ...