The Highway Traffic Act simply states that you’re required to surrender your ownership upon demand. In short when the officer asks for it, you need to provide it. The HTA does not provide a grace period in which you can search your vehicle for the document.
That being said Courts are cognizant of the fact that people don’t drive around with their ownership in their hands. Drivers will obviously require a brief moment to retrieve the document from their glove box, purse, wallet, etc. But I think in Court would also expect drivers to reasonably know where the ownership is and be able to retrieve it promptly. I’m not aware of any case law that would require police to provide you with anything more than a brief opportunity to locate the document. I’d say there’s an onus on the driver to ensure the documents are in the vehicle and readily accessible prior to driving it.
In your case, I’d suggest a first attendance meeting. Some busy jurisdictions will withdraw the charge outright if you can show you had a valid ownership on the date of the offence. Others will offer a greatly reduced fine. I’m sympathetic to what you’ve said, but I don’t think it would be enough to beat the charge at trial.
Yea thanks for the useful information I will try that. I do agree to an extent that drivers in most cases should know and be able to retrieve the ownership promptly but there is cases where they should give you at least 2-3 minutes. Like if parents are going on vacation and allowing there kid to use there car then they obviously should give/tell where it is. But in my case when you get a call and have 24 hours to act to move an elderly person to a nursing home nothing is planned and small things are forgotten. I didn't even know I would be driving anyones car until the truck was loaded my dad was smart enough to think to give me the insurance slip but i highly doubt anyone in this rush situation would think to tell you exactly where the insurance slip is.
I didn't want to gain any special treatment as people go through a lot worse then having a mom/grandma have to go to a nursing home I just wanted my fair chance to find the ownership to provide to the police officer and it is not like I was requesting 5-10 mins I asked for 2 mins then when they said no I asked for 60 seconds another no. The kicker was I explained everything to the police officer that the last 24 hours have been crazy and I am really disorganized and I said sorry for this as I am sure it was frustrating for them as anyones job can be sometime but when I called the police station 10 minutes after this to ask if I could show them the lady said "did they write anything down that you had 24 hours or something to provide it as most officers will do this esp if you explained this situation to them as why you were driving the car at that time and were not organized"
Some people including police officers are really scumbags and are no different then the tobacco companies trying to sell to kids in schools in the 70's or the drug companies passing a drug that does bad things to you but will be highly profitable. They will do anything to make money aka fill there quota.
So I guess I use option 3 and request a trial then talk to the crown to try and make a deal or get lucky and they will drop it? What is worst case if I go with this that I just have to pay the 110$? If I lose in trial I don't have to pay anything extra like court fee's etc do I?
Is this kind of thing even good money management of tax payers dollars for the goverment? Anyone who can provide that they had valid ownership at the time of the offense is going to select trial and worst case is you still pay the same amount best case you pay less or nothing and they are paying judge/crown/police officer to miss work to show up and pay someone else to work there shift and countless other things? so spend like 1000$ to try and get 110$.....sounds like they should be allowing people to provide insurance/ownership/license within 24 hours after the fact at the police station and spend the money elsewhere like on the roads or maybe even make ohip cover dental or something.