You just want to win. Get the fail to report of his record, cancel the fine, get your $500 back from the counsel who mispresented you, and not have to pay the driver any damages since he caused the accident. _________________ Without Justice there's JUST US
Any word from the crown or court regarding your appeal?
Just giving you an update, the downtown court quashed "fail to report" charge on March 5 and now we are at the same point as we were originally- having an original charge.
Therefore it looks like courts do whatever they want even s. 85 of the POA conflicts with s. 8 of the regulation, thus, s. 85 of the Act governs. The court should not not grant us an extension of time to file an appeal after 15 days period is passed. Reopening the case does not appear to be available either.
But court did it. How it is possible?
Also we are going to have a small claim court tomorrow in regards of the car damage...
Joined: 22 Apr 2008 Posts: 1732 Location: In YOUR rearview mirror!
Posted: Wed Mar 25, 2009 7:47 pm Post subject:
thanks for the update....but I had to go back and read what it was even about....keep us posted, it will be interesting to see what the JP of the day thinks
Cheers
HB _________________ Few people understand the psychology of dealing with a highway traffic cop. Your normal speeder will panic and slow down. This is wrong. It arouses contempt in the cop-heart. Make the bastard chase you. He will follow"
Probably something precedent-related. Hopefully the courts will get it right this time. Good luck with the small claims court, let us know how it goes.
I was disappointed with the small claim court judge decision yesterday. Judge ruled out - 25% driver's fault and 75% my son's fault. The explanation was simple- car driver was negligent, as he did not see any pedestrian (bike) on a sidewalk and my son was negligent as he did a very unusual maneuver to pass the car on the right and did not pay any attention that car was signaling...There were only one witness who confirmed that he have seen that the driver was signaling. Even we know the signaling itself does not give the right to turn…I still did not get it how it is possible…
I think we need to step back a bit and look at the forest. A lot of us were approaching this post as if it were traffic court. And that makes sense for piezomot's son's charge.
However the lawsuit is ordinarily beyond what we discuss here. I point this out because the civil case will not only consider who was within the law, but who was at fault and who failed to maintain a proper lookout. In the bicycle/vehicle/sidewalk cases I've read, liability ends up being shared proportionately between plaintiff and defendant. See:
Remember this is a civil suit. What is working against piezomot is that the driver may testify as to his son's speed. Also if he was riding a stunt bmx, then that creates another layer. No doubt his son will get taller between now and the trial which will affect the judge's perception that it was an adult riding on the sidewalk. I'm not saying any of this is fair but you can bet that the son's charge and the fact he tried to "get away" is going to play big in the court's assessment of fault. This is not a slam dunk case for either side.
I guess I was doing a bit of foreshadowing on page 5 of this thread. It really depends on the testimony of the witnesses, the diligence of the people involved and whether they kept a proper lookout. It doesn't have to be about who was within the law.
I don't know how much of this was at play at small claims court. It seems that your son's choice of using the sidewalk to overtake the vehicle is what the justice didn't like.
Thanks for keeping us up to date on this. I think you set a record for longest thread! _________________ Fight Your Ticket!
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Going back to this topic, it looks the police do whatever they want, if they want they lay the charge and if they want they do not!
"No charges in fatal bike accident
Meanwhile, Toronto Police are still investigating. But you can see the problem. First of all you are dealing with a 15-year-old and the fact that there is no criminal intent. There is also no law that says that bike is not to be on the sidewalk.
"They both saw each other and failed to negotiate that," said Burrows, who wants to see bikes off sidewalks.
But this cyclist was a 15-year-old on a kid's bike and it's only larger, adult-style bicycles that a city bylaw bans from sidewalks.
Translation? The tragic death of Jiang, 56, means nothing in terms of the law. "
It's not lost on anybody that had that been a car which struck and killed the woman, you know there would be charges laid. It's also not lost that people riding their bikes on pedestrian sidewalks are out of control in every part of the city.
"..A 16-year-old cyclist may be lucky to be alive after he went under a van and was dragged for 30 metres along Wellington Street Thursday evening.
He had been riding on the sidewalk.
The boy was airlifted by helicopter to Children's Hospital in London, Ont., after suffering severe burns and scrapes in the mishap around 6:40 p.m. Thursday. As of Friday afternoon, he was listed in fair condition at hospital.
No charges have been laid in connection with the crash, although police are investigating."
"But in Toronto, using bicycles are actually under dual regulation’s jurisdiction, they are Ontario <<Highway>> and Toronto By-Laws. The most biker’s offense is riding the bike on sidewalk.
According to police officer Mick Robetts of Toronto Police Services Traffic Team, the purpose of permitting small-diameter bicycles to operate on sidewalk is to allow children to have a chance to practice then they can ride on road. But because the children normally have no identification to prove their ages, so the only way to control this is by the diameter of bike tire. According to by-laws, penalty for illegal riding on sidewalk is $60 and $90 in downtown.
Even the regulation ”biker s are not allowed to ride on sidewalk” only applies in Toronto, other cities also have similar regulations, (in Markham, bikers are not permitted to ride bicycles whose tire diameter over 26 inches on sidewalk and offenders are charged $100 penalty). In Highway Traffic Act, there are also lots of rules regarding bicycles and bikers have to pay attention. These rules apply within Ontario and the
penalty is heavy. For example, the bad-attitude riders may be charged with careless driving and the
penalty is $325’.
But according to the information from Public Health Department of City of Toronto, among all the accidents between motor vehicles and bicycles, the accidents happened on sidewalk were 30% of them. Most
accidents happened when bicycle went out to road from sidewalk and when motor vehicle went out of driveway. So it means riding on the sidewalk is not absolute safe and it threatens pedestrians, especially
seniors, young children and vision/hearing ability challenged persons."
Sorry, I did not get it why it is considered to be an offence?
From this link below it is clear that if the tire size is less then 61 cm or 24 inches then this is not an offence!
"A City bylaw allows cyclists with a tire size of 61cm or 24 inches or less to ride on the sidewalk... "
Also is this only for children? From this link below it does not look like it is...
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