Court lost request for trial

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Joined: Tue Sep 28, 2010 12:41 am

Court lost request for trial

by: morta on
Mon Oct 01, 2012 10:54 am

My wife got a ticket in april on 401 in Brockville area. We filed the ticket for a trial.
The ticket was sent by a registered mail. We've been waiting for a trial date since then, but the court has never replied to us and the last weekend we received a letter from the Ministry of Transportation that my wife's license is suspended for an unpaid ticket.
I tracked the registered letter on Canada Post web site and it shows that the letter was successfully delivered. The name of the person who signed it is B Winston.
Now I'm wondering whether there is a way to find out how my letter get lost and whose screwup it is Canada Post or the court
It was sent to
32 A Wall Street
Brockville, Ontario
K6V 4R9
I'll appreciate any advice/help on that
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by: morta on
Mon Oct 01, 2012 2:35 pm

The update:
My wife called the court office. They reluctantly (after she insisted and re-requested it a few times) confirmed that they received the ticket and sent a letter to us with a court date...and they claim their letter returned back to them.
Then of course there was a trial without her presence and the result of the trial has never been sent to us either.
Nevertheless the ministry of transportation with notice of driver license suspension was delivered without any problem.
Of course I can only speculate now, but I suspect there is some foul play of the court staff there.
I am planning to send to the court a few letters requesting the proof of their letters returned
Any better advice on what could be done here?
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by: mnstrcck on
Mon Oct 01, 2012 4:55 pm

If a conviction has already been registered, that is, if a trial was held and by the fact that your wife did not show up a verdict of guilty was registered, you will have to appeal the conviction on the grounds that you were not notified. If more than 8-10 months has passed since your wife sent in her Notice of Intention to Appear, you are very likely to fight for an 11(b) Charter violation.

There's a lot of information regarding that in these forums. Additionally, you should appeal as soon as possible.
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by: admin on
Mon Oct 01, 2012 10:35 pm

morta wrote:Can anybody recommend a decent paralegal/lawyer in Brockville/Kingston area?
You can fill out the form at the bottom of the page to get in touch with a Traffic Ticket Fighting company.
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