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Ontario Highway Traffic Act

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Re: careless driving because pedestrian claims my car hit he
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PostPosted: Mon Feb 13, 2017 11:32 am 
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Joined: Wed Dec 01, 2010 8:38 pm
Posts: 73
Congratulations on getting three nasty charges withdrawn!

As far as the HTA is concerned you will not be re-charged so you can stop worrying about that. However I do believe you could be sued civilly by the pedestrian up to 2 years after the incident. That is the statute of limitations for property damage, not sure if it's longer for injury. The person couldn't even be bothered to show up to a witness summons so you probably have nothing to worry about though.


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Re: careless driving because pedestrian claims my car hit he
PostPosted: Mon Feb 13, 2017 11:54 am 
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Perhaps she thought she was going to get an easy settlement from you. Who knows. If that was the case then well done for standing up to the allegation.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: careless driving because pedestrian claims my car hit he
PostPosted: Mon Feb 13, 2017 12:12 pm 
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Posts: 25
Thanks guys. Your support was very much appreciated. Now first thing I need to do is call up my insurance and let them now that the charges were withdrawn and tell them that this lady never showed up to testify. This way her civil suit will most likely also be thrown out. She probably thought I was going to simply go in and plead guilty, sucks for her i guess lol. I should sue her for wasting my time and money to deal with this headache. But it will just probably cause me more headaches than what it's worth.

For next time though, what should I say to a cop who calls me and tells me they got a report that my vehicle was involved in an accident?


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Re: careless driving because pedestrian claims my car hit he
PostPosted: Mon Feb 13, 2017 12:58 pm 
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Congratulations on the win. Yes it is all done now with nothing to worry about.

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+++ This is not legal advice, only my opinion +++


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Re: careless driving because pedestrian claims my car hit he
PostPosted: Mon Feb 13, 2017 4:29 pm 
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dude wrote:
This way her civil suit will most likely also be thrown out.


That's very good news that the charges were withdrawn. Although I wouldn't necessarily leap to a civil suit being thrown out. You were not found to be not guilty at the end of a trial that you can point to with a court transcript. Your charges were withdrawn without trial based (on the record) upon the the witness not being present.

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The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


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Re: careless driving because pedestrian claims my car hit he
PostPosted: Tue Feb 14, 2017 3:50 pm 
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OTD Legal wrote:
dude wrote:
This way her civil suit will most likely also be thrown out.


That's very good news that the charges were withdrawn. Although I wouldn't necessarily leap to a civil suit being thrown out. You were not found to be not guilty at the end of a trial that you can point to with a court transcript. Your charges were withdrawn without trial based (on the record) upon the the witness not being present.


Yes, spoke with my insurance who is handling the claim regarding these charges as well as the letter I received from her lawyer stating she wants to pursue personal injuries back in May when the cop issued the charges. He was asking if there were any documentation from the courts that you received to show that she never showed up to court and that your charges got withdrawn. I told him I got no sort of documentation what so ever, and he said that they have up to 2 years from the time of the "alleged accident" to submit to a personal injury claim and send you court documents to show up to court. So far I got nothing but they have until April 2018 I guess to summon me to court. He said if you get anything regarding this matter to let them know.

Is there any way I can get documentation from the court to show the charges were withdrawn and that the witness never showed up to court.


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Re: careless driving because pedestrian claims my car hit he
PostPosted: Tue Feb 14, 2017 4:27 pm 
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dude wrote:
OTD Legal wrote:
dude wrote:
This way her civil suit will most likely also be thrown out.


That's very good news that the charges were withdrawn. Although I wouldn't necessarily leap to a civil suit being thrown out. You were not found to be not guilty at the end of a trial that you can point to with a court transcript. Your charges were withdrawn without trial based (on the record) upon the the witness not being present.


Yes, spoke with my insurance who is handling the claim regarding these charges as well as the letter I received from her lawyer stating she wants to pursue personal injuries back in May when the cop issued the charges. He was asking if there were any documentation from the courts that you received to show that she never showed up to court and that your charges got withdrawn. I told him I got no sort of documentation what so ever, and he said that they have up to 2 years from the time of the "alleged accident" to submit to a personal injury claim and send you court documents to show up to court. So far I got nothing but they have until April 2018 I guess to summon me to court. He said if you get anything regarding this matter to let them know.

Is there any way I can get documentation from the court to show the charges were withdrawn and that the witness never showed up to court.


Yes, you can request a transcript of the hearing. The transcript will likely be short and not cost very much money.

_________________
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


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Re: careless driving because pedestrian claims my car hit he
PostPosted: Tue Feb 14, 2017 10:18 pm 
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Location: Markham
OTD Legal wrote:
Yes, you can request a transcript of the hearing. The transcript will likely be short and not cost very much money.


Alternatively, you can request for a "minute" from the court in accordance with section 62 of the Provincial Offences Act:
"Minute of conviction
62. Where a court convicts a defendant or dismisses a charge, a minute of the dismissal or conviction and sentence shall be made by the court, and, upon request by the defendant or the prosecutor or by the Attorney General or his or her agent, the court shall cause a copy thereof certified by the clerk of the court to be delivered to the person making the request."

As far as I'm aware, this is free of charge.

I've attached an example of what this would look like - blacking out identifying information.


Attachments:
File comment: Minute of Dismissal
Example.png
Example.png [ 241.65 KiB | Viewed 95 times ]
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Re: careless driving because pedestrian claims my car hit he
PostPosted: Wed Feb 15, 2017 10:22 am 
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Joined: Sun Dec 04, 2016 9:46 pm
Posts: 25
Whenaxis wrote:
OTD Legal wrote:
Yes, you can request a transcript of the hearing. The transcript will likely be short and not cost very much money.


Alternatively, you can request for a "minute" from the court in accordance with section 62 of the Provincial Offences Act:
"Minute of conviction
62. Where a court convicts a defendant or dismisses a charge, a minute of the dismissal or conviction and sentence shall be made by the court, and, upon request by the defendant or the prosecutor or by the Attorney General or his or her agent, the court shall cause a copy thereof certified by the clerk of the court to be delivered to the person making the request."

As far as I'm aware, this is free of charge.

I've attached an example of what this would look like - blacking out identifying information.



Interesting...How does one request a minute? and also what is the difference between dismissed, withdrawn, and quashed? To me it sounds like they are all the same thing


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Re: careless driving because pedestrian claims my car hit he
PostPosted: Wed Feb 15, 2017 12:43 pm 
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Joined: Tue Dec 13, 2016 7:26 pm
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Location: Markham
In the past, I've just sent in a letter (by mail or fax) to the courthouse - something along the lines of what I attached below.

Dismissed:
A justice can dismiss a charge if:
- the prosecution does not appear at trial
- the prosecution offers no evidence or insufficient evidence at trial
- the defendant is found not guilty at trial

Withdrawn:
A charge can be withdrawn:
- before the defendant enters a plea, the prosecutor has discretion to withdraw a charge for any reason
- after the defendant enters a plea, the prosecutor can request to withdraw a charge if the justice allows it

Quashed:
A charge can be quashed if:
- the defendant does not appear for trial, the justice finds that the ticket or subpoena is not complete and regular on its face
- the defendant does appear for trial, there is a defect apparent on the face of the ticket or subpoena and an amendment would not be in the interests of justice. Otherwise, the ticket or subpoena can be amended and corrected.


Attachments:
Letter.png
Letter.png [ 31.81 KiB | Viewed 73 times ]
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Re: careless driving because pedestrian claims my car hit he
PostPosted: Wed Feb 15, 2017 1:03 pm 
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Joined: Sun Dec 04, 2016 9:46 pm
Posts: 25
Whenaxis wrote:
In the past, I've just sent in a letter (by mail or fax) to the courthouse - something along the lines of what I attached below.

Dismissed:
A justice can dismiss a charge if:
- the prosecution does not appear at trial
- the prosecution offers no evidence or insufficient evidence at trial
- the defendant is found not guilty at trial

Withdrawn:
A charge can be withdrawn:
- before the defendant enters a plea, the prosecutor has discretion to withdraw a charge for any reason
- after the defendant enters a plea, the prosecutor can request to withdraw a charge if the justice allows it

Quashed:
A charge can be quashed if:
- the defendant does not appear for trial, the justice finds that the ticket or subpoena is not complete and regular on its face
- the defendant does appear for trial, there is a defect apparent on the face of the ticket or subpoena and an amendment would not be in the interests of justice. Otherwise, the ticket or subpoena can be amended and corrected.


Thanks man, this helps a lot. Essentially though, all 3 of those findings would result in the same thing though right? i.e your record clean and no one will ever harass you again.

I have learned soo much from this Forum. This is the best forum ever. Thank you to all the members on this thread that were soo informative. I will definitely be more prepared now the next time I am involved in a traffic incident.


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Re: careless driving because pedestrian claims my car hit he
PostPosted: Wed Feb 15, 2017 2:45 pm 
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Joined: Mon Nov 28, 2016 3:00 pm
Posts: 89
dude wrote:
Thanks man, this helps a lot. Essentially though, all 3 of those findings would result in the same thing though right? i.e your record clean and no one will ever harass you again.

I have learned soo much from this Forum. This is the best forum ever. Thank you to all the members on this thread that were soo informative. I will definitely be more prepared now the next time I am involved in a traffic incident.


The three are different although the bottom line is that the original offence is not placed on the record as a conviction. Only in the case of a dismissal has the matter actually been adjudicated. A quashed or withdrawn offence can still be reserved within the appropriate period of reservice.

_________________
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


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Re: careless driving because pedestrian claims my car hit he
PostPosted: Wed Feb 15, 2017 5:06 pm 
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Joined: Tue Dec 13, 2016 7:26 pm
Posts: 59
Location: Markham
OTD Legal wrote:
A quashed or withdrawn offence can still be reserved within the appropriate period of reservice.


Yes, you can be served again with a summons up to 6 months after the date of the offence, which is the limitation period provided by the Provincial Offences Act.


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Re: careless driving because pedestrian claims my car hit he
PostPosted: Wed Feb 15, 2017 5:41 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1654
But very unlikely... would have to be a very serious crime for them to try that.

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