Recovery of legal costs incured from of appeal of unsafe lane change ticket. i was acquitted on appeal by Ontario provincial court due to errors in fact. I have been charged and convicted in Ottawa city court for unsafe lane change. I could not believe the errors that the JP made during the trial with the officer testimony contradicting distance and time line on three separate occasions and the Summary of decision by the JP totally reversing the sequence of events the officer testified to. In short I appealed the decision to provincial court on the grounds of errors in fact. In total I had a factum prepared with four errors in fact and two failures of explanation one dealing with swearing in. I was never in court before and asked to have the swearing options explained, especially the option to affirm. After a small commotion between the JP/clerk no explanation was given and the clerk just started reading the affirm option. The prosecutor from the city of Ottawa present in appeal's court agreed and recommended acquittal before I even got to speak so obviously there were huge issues with the conduct of the whole trial. I'm getting a refund for the ticket but I had to order and present a transcript of the first trial proceedings and also consulted with a paralegal for total charges of just over $300. I also had to take two days off from work to attend both first trial and the appeal. How do I go about recovering these costs from what basically was a bogus ticket. It should have been "not guilty" in the first trial if the JP had done her job. I would love to sue for stress and basically what was a bullying attempt by the O.P.P. officer but this is Canada so it is probably out of the question... Do I have to sue the city for these costs in small claims court? When I asked about recovery of legal costs the Provincial judge seemed annoyed and said to ask the court clerk. I thought that the procedure was to pursue recovery of costs right at the trial. The clerk did not give me any info and said that they don't deal with this and to pursue it with the city so I'm getting a runaround. On a separate qustion, it is legal to disclose details of the proceedings obtained via a transcript such as time date, officer's name, name of the prosecutor, and the JP. I was asked on another forum to scan in the sections of the transcript that show errors in fact but since this information is there I'm not sure if it can be disclosed. Granted I paid for it and it is my case but it does not feel right. Thanks in advance.
Recovery of legal costs incured from of appeal of unsafe lane change ticket. i was acquitted on appeal by Ontario provincial court due to errors in fact.
I have been charged and convicted in Ottawa city court for unsafe lane change. I could not believe the errors that the JP made during the trial with the officer testimony contradicting distance and time line on three separate occasions and the Summary of decision by the JP totally reversing the sequence of events the officer testified to. In short I appealed the decision to provincial court on the grounds of errors in fact. In total I had a factum prepared with four errors in fact and two failures of explanation one dealing with swearing in. I was never in court before and asked to have the swearing options explained, especially the option to affirm. After a small commotion between the JP/clerk no explanation was given and the clerk just started reading the affirm option.
The prosecutor from the city of Ottawa present in appeal's court agreed and recommended acquittal before I even got to speak so obviously there were huge issues with the conduct of the whole trial. I'm getting a refund for the ticket but I had to order and present a transcript of the first trial proceedings and also consulted with a paralegal for total charges of just over $300. I also had to take two days off from work to attend both first trial and the appeal. How do I go about recovering these costs from what basically was a bogus ticket. It should have been "not guilty" in the first trial if the JP had done her job. I would love to sue for stress and basically what was a bullying attempt by the O.P.P. officer but this is Canada so it is probably out of the question...
Do I have to sue the city for these costs in small claims court?
When I asked about recovery of legal costs the Provincial judge seemed annoyed and said to ask the court clerk. I thought that the procedure was to pursue recovery of costs right at the trial. The clerk did not give me any info and said that they don't deal with this and to pursue it with the city so I'm getting a runaround.
On a separate qustion, it is legal to disclose details of the proceedings obtained via a transcript such as time date, officer's name, name of the prosecutor, and the JP. I was asked on another forum to scan in the sections of the transcript that show errors in fact but since this information is there I'm not sure if it can be disclosed. Granted I paid for it and it is my case but it does not feel right.
Recovery of costs is by way of a Costs Application to the court. Generally this would be submitted along with any other materials for your appeal and would be heard then, or adjourned to a later date to be heard separately if time didn't permit the appeal and the application to be heard at once. In your case it sounds like the appeal is over. I'm not sure if it's possible to now, after the fact, bring an application for costs since the court seems to have lost jurisdiction over you - the process being completed.
Recovery of costs is by way of a Costs Application to the court. Generally this would be submitted along with any other materials for your appeal and would be heard then, or adjourned to a later date to be heard separately if time didn't permit the appeal and the application to be heard at once.
In your case it sounds like the appeal is over. I'm not sure if it's possible to now, after the fact, bring an application for costs since the court seems to have lost jurisdiction over you - the process being completed.
You asked very good questions, it would be nice to get an answer to them : it is legal to disclose details of the proceedings obtained via a transcript such as time date, officer's name, name of the prosecutor? I want posted on the Internet recovery of legal costs. a transcript of the first trial proceedings and also consulted with a paralegal and time off work to attend both first trial and the appeal, can refund be applied for these costs? I phoned the courthouse to request a form for the refund of costs, they do not have a form for refund of costs. Is there a form number for it?
You asked very good questions, it would be nice to get an answer to them :
it is legal to disclose details of the proceedings obtained via a transcript such as time date, officer's name, name of the prosecutor?
I want posted on the Internet
recovery of legal costs. a transcript of the first trial proceedings and also consulted with a paralegal and
time off work to attend both first trial and the appeal, can refund be applied for these costs?
I phoned the courthouse to request a form for the refund of costs, they do not have a form for refund of costs.
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
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I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
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Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
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Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
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So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
