My summons notice for "Drive while under suspension" seems like everything is correct. However, the "AT" portion of the ticket is completed incorrectly, The intersection noted is correct, but the municipality is not. Is this immediate grounds for a dismissal (ie: a fatal error), or will the prosecution simply amend the ticket and carry on?
Wrong City on Summons
My summons notice for "Drive while under suspension" seems like everything is correct. However, the "AT" portion of the ticket is completed incorrectly, The intersection noted is correct, but the municipality is not. Is this immediate grounds for a dismissal (ie: a fatal error), or will the prosecution simply amend the ticket and carry on?
Last edited by Scottyc on Tue Mar 26, 2013 10:47 am, edited 1 time in total.
Re: Wrong City on Ticket
You didn't receive a "ticket". That would be a Part III Summons with a court appearance. Details on the Summons will be amended if needed.
You didn't receive a "ticket". That would be a Part III Summons with a court appearance. Details on the Summons will be amended if needed.
Re: Wrong City on Summons
If it makes a difference- the actual municipality where the infraction occurred is in a different court division/district. In other words, I am to appear (as per the summons) at a courthouse which does not oversee the jurisdiction where the offence occurred. Can they still amend the summons and move the court appearances to the right court house? Or what is the likely outcome of this? what if I don;t mention the error and they don't notice and I wait for trail to bring it up?
If it makes a difference- the actual municipality where the infraction occurred is in a different court division/district. In other words, I am to appear (as per the summons) at a courthouse which does not oversee the jurisdiction where the offence occurred. Can they still amend the summons and move the court appearances to the right court house? Or what is the likely outcome of this? what if I don;t mention the error and they don't notice and I wait for trail to bring it up?
Re: Wrong City on Summons
It's not going to matter because under the Provncial Offences Act if the offence happens in a jusrisdiction adjacent to the court actually listed for the appearance , they can hold the trial there. Territorial jurisdiction 29. (1) Subject to subsection (2), a proceeding in respect of an offence shall be heard and determined by the Ontario Court of Justice sitting in the county or district in which the offence occurred or in the area specified in the transfer agreement made under Part X. 2009, c. 33, Sched. 4, s. 1 (35). Idem (2) A proceeding in respect of an offence may be heard and determined in a county or district that adjoins that in which the offence occurred if, (a) the court holds sittings in a place reasonably proximate to the place where the offence occurred; and (b) the place of sitting referred to in clause (a) is named in the summons or offence notice. R.S.O. 1990, c. P.33, s. 29 (2). Transfer to proper county (3) Where a proceeding is taken in a county or district other than one referred to in subsection (1) or (2), the court shall order that the proceeding be transferred to the proper county or district and may where the defendant appears award costs under section 60. R.S.O. 1990, c. P.33, s. 29 (3).
It's not going to matter because under the Provncial Offences Act if the offence happens in a jusrisdiction adjacent to the court actually listed for the appearance , they can hold the trial there.
Territorial jurisdiction
29. (1) Subject to subsection (2), a proceeding in respect of an offence shall be heard and determined by the Ontario Court of Justice sitting in the county or district in which the offence occurred or in the area specified in the transfer agreement made under Part X. 2009, c. 33, Sched. 4, s. 1 (35).
Idem
(2) A proceeding in respect of an offence may be heard and determined in a county or district that adjoins that in which the offence occurred if,
(a) the court holds sittings in a place reasonably proximate to the place where the offence occurred; and
(b) the place of sitting referred to in clause (a) is named in the summons or offence notice. R.S.O. 1990, c. P.33, s. 29 (2).
Transfer to proper county
(3) Where a proceeding is taken in a county or district other than one referred to in subsection (1) or (2), the court shall order that the proceeding be transferred to the proper county or district and may where the defendant appears award costs under section 60. R.S.O. 1990, c. P.33, s. 29 (3).
Re: Wrong City on Summons
Decatur I used to have a very fast car and an even faster bike.(with a lead foot/wrist) One time (on the bike) I was going so fast that they only caught me because I stopped at a yellow light. They didn't catch up, to me, until, just as the light changed to green. I stopped and the cop said he was going 120 mph and that I was pulling away. I got a speeding ticket. I had started in ++++++ city and he wrote +++++ city. I went to court. I said nothing and watched all the other cases. At the end of they day they had to call out the names not dealt with. They got to my name I put up my hand. I paid attention to everything. By the time I got up I knew a lot more then when I entered. I knew that I had to object before the charge was read that the court to have no jurisdiction. So i did object. Result judge agreed and case dismissed. You have to object before they get to much into their talk.(reading charge). I am curious if you have any comment on this? Cheers Viper1
Decatur
I used to have a very fast car and an even faster bike.(with a lead foot/wrist)
One time (on the bike) I was going so fast that they only caught me because I stopped at a yellow light.
They didn't catch up, to me, until, just as the light changed to green.
I stopped and the cop said he was going 120 mph and that I was pulling away.
I got a speeding ticket.
I had started in ++++++ city and he wrote +++++ city.
I went to court.
I said nothing and watched all the other cases.
At the end of they day they had to call out the names not dealt with.
They got to my name I put up my hand.
I paid attention to everything.
By the time I got up I knew a lot more then when I entered.
I knew that I had to object before the charge was read that the court to have no jurisdiction.
So i did object.
Result judge agreed and case dismissed.
You have to object before they get to much into their talk.(reading charge).
I am curious if you have any comment on this?
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
use at your own risk"
Re: Wrong City on Summons
The court did have jusrisdiction and could have heard they charge or had it moved to the other jurisdiction. Maybe the JP was being lazy?
The court did have jusrisdiction and could have heard they charge or had it moved to the other jurisdiction. Maybe the JP was being lazy?
Re: Wrong City on Summons
Looks like a spam monkey had hit. Admin., please make it go away!!
Looks like a spam monkey had hit. Admin., please make it go away!!
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