Is this correct? Unfortunately I'm not working right now and broke so running around all over town getting stuff stamped and such is just stuff I can't afford atm. So faxing everything is really my only option at this point. It's taken over 20 months to get to trial which has all been the court and no delays on my part so I'll be damned if I'm pleading guilty to this stupid cell-phone ticket.State that a stay application is governed by section 109 of the Courts of Justice Act. This section requires 15 days notification to be given to the Attorneys General of Ontario and Canada. You have done this and you have the fax receipts to prove it.
You also have faxed the prosecutor and have the receipt to prove it. In other words, all the parties who would have any issue with the application have been notified well in advance and as required by the Act.
You then point out that section 7(7) of Regulation 200 of the Courts of Justice Act allows for a motion to be heard without notice:
(7) An application or motion may be heard without notice,
(b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.
If the justice mentions that there is no affidavit of service reply that you will be happy to swear before the court that you did fax the forms.
She will then ask the prosecutor to look over your fax receipts to see if there is any issue with it. This should be enough to allow the motion.
Make sure you bring extra copies of your documents to provide to the justice and the prosecutor.
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