11b - Good News

diehard
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11b - Good News

by: diehard on
Fri Oct 07, 2011 8:50 am

If anyone is considering using an 11b application here is a link to the most recent decision. Prosecuters are not too happy!

R. ex rel City of Toronto v. Andrade, 2011 ONCJ 470 (CanLII)

The Ontario Court of Justice handed down it's decision on an appeal made by the City of Toronto against the granting of Section 11(b) stays.

The case is R. ex rel City of Toronto v. Andrade. It will be known as R. v. Andrade.

There were two cases involved, one with a delay of 11 months and 28 days (Andrade) and the other, 11 months and 4 days (Hariraj).

In the original trails, the JP's involved accepted that the delays were unreasonable and and stayed the proceedings as a result.

The City of Toronto decided to appeal and lost. :mrgreen: :mrgreen: :mrgreen:




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Reflections
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by: Reflections on
Fri Oct 07, 2011 6:25 pm

From a citizens point of view, Yeah!. 11 months 4 days. <<<<<<<<< It's right there.

From a "I would like to see the justice system stop tripping over it's own feet" POV, Yeah! And by that I mean that traffic tickets are written everyday, deal with them quickly.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Stanton
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by: Stanton on
Fri Oct 07, 2011 7:23 pm

A quick read of the decision makes it sound like this should apply to straight forward tickets (i.e. officer observed you do something illegal). Still sounds like more time will be allowed for more complicated trials (i.e. serious MVC with multiple witnesses).


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Reflections
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by: Reflections on
Fri Oct 07, 2011 7:53 pm

And that is perfectly fine. How many tickets does an officer write in a given day??? And would the officer and the Crown not have the "canned" statementsvpretty much copy and pasted from another trial, school, whatever the case maybe. It is not a stretch to say that traffic tickets should be dealt with quickly and efficently.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: hwybear on
Fri Oct 07, 2011 8:27 pm

It should be speedy, however, tighten up the other end too...either respond within 15 days or be guilty.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Radar Identified
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by: Radar Identified on
Sun Oct 09, 2011 12:36 am

Thank you for the link and the case law, diehard.
hwybear wrote:It should be speedy, however, tighten up the other end too...either respond within 15 days or be guilty.
No argument here.

However, generally speaking, case law (e.g. R. v. Rowan) specifically cited the "15 days or that's it" as the reason why the Prosecutors should have absolutely no excuse with respect to simple charges.
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http://www.OntarioTicket.com OR http://www.OHTA.ca


mathers
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by: mathers on
Thu Oct 20, 2011 10:28 pm

Actually, from a detailed read of the judgment, it would appear that for straightforward matters where a trial is requested immediately, anything beyond 9 months (30 day intake; 8 month institutional) is likely to be granted, anything beyond 10 months is very likely to be granted and anything beyond 11 months is virtually certain if this appeal case is cited in an application for stay. For anything beyond 10 months, I would think a JP would have to have a good reason to distinguish the case being heard from this decision to refuse a stay.




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by: Radar Identified on
Wed Oct 26, 2011 6:30 pm

Yes
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http://www.OntarioTicket.com OR http://www.OHTA.ca






coldanca
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by: coldanca on
Wed Oct 08, 2014 12:41 pm

Does anybody have an update about what happened to the Andrade case? Can we still use it in an 11B application?


f'dbytheman
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by: f'dbytheman on
Thu Oct 04, 2018 5:03 pm

Guys, I just won an 11b a few weeks ago. I just got notice that the crown is appealing. I was at only 5 months but with extenuating circumstances. I am due to be heard Nov 22.


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