Hi guys, Wondering if the officer not signing the "Summons to Defendant" Form 104 defendants copy would constitute a fatal error. To be clear, the certificate is signed with a carbon transfer signature, however not one that is in ink. I have noticed that a fair amount of officers take the time to sign each individual carbon copy, however in this case they did not. Thanks!

Topic

Fatal Error on Summons?

by: ghj on

17 Replies

User avatar
Radar Identified
High Authority
High Authority
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Re: Fatal Error on Summons?

Was going to answer... but Simon beat me to it. Indeed, section 9.1 of the Provincial Offences Act deals with these matters. There's also the London v. Young case that is worthwhile to read over for Part I "fatal errors."

Was going to answer... but Simon beat me to it. Indeed, section 9.1 of the Provincial Offences Act deals with these matters. There's also the London v. Young case that is worthwhile to read over for Part I "fatal errors."

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am
Contact:
Contact Simon Borys

Re: Fatal Error on Summons?

Sorry...I know you knew it too :)

Sorry...I know you knew it too :)

NOTHING I SAY ON HERE IS LEGAL ADVICE.
User avatar
LAWguy
Newbie
Newbie
Posts: 15
Joined: Tue Feb 22, 2011 9:09 pm

Posting Awards

Re: Fatal Error on Summons?

LOL Thanks to both of you. You all been a great help, this was a great thread, it can age happily. :D

Radar Identified wrote:

Was going to answer... but Simon beat me to it. Indeed, section 9.1 of the Provincial Offences Act deals with these matters. There's also the London v. Young case that is worthwhile to read over for Part I "fatal errors."

LOL Thanks to both of you. You all been a great help, this was a great thread, it can age happily. :D

"It's only a matter of time before you get pulled over for something"

Similar Topics

Return to “Courts and Procedure”



Featured Topics

lift laws, bumper height laws, headlight height laws

General Talk 04mach1

hey all im lifting my 03 f350 crew cab..

and ive called 3 different local police stations with NO HELP AT ALL...

im wondering...

is there bumper height laws?

headlight height laws?

what is a headlight?? ( like can i put any light at the proper level and it be legal?? or does it have to be a certain…

Falsely Accused of Handheld Device Usage

Hand-held devices JayT

Hi!

This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.

On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly…

Radar Gun Error Code & Incomplete Disclosure

Exceeding the speed limit by 16 to 29 km/h Sped

Hello,

I'm hoping somebody can point me in the right direction to track down various radar gun error codes.

Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)

The cop was using hand held radar,…

Fail to Stop for School Bus- Owner - 175 (20)

Failing to stop for a school bus Didi_87

Hi everyone,

My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a…

Prohibited Turn Sign Cannot be Seen

Prohibited turns Torque^

Hey guys I was hoping for some advice on my first ever ticket.

I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…

Novice Driver B.A.C Above 0%

General Talk tylerPaterson

heres the story

i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave…

Red Light Camera has extended delay for ticket

Red Light Camera Ticket bobajob

Hello Folks,

Well please confirm a couple of things.

1> Red Light Camera ticket is a "parking ticket" in essence, does not go on the record, so could just pay and forget.

2> Can early resolution, bring down the ticket fine, only reason would be excellent driving record, last 10 years. If…

Improper Left Turn: Harbor & Yonge St

Improper left turn bijelodugme

Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…

How To Fight A No Seatbelt Ticket

Driver failing to ensure that a passenger under 16 years is wearing a seat belt ticketcombat

The key ruling on fighting a seatbelt ticket is R. v. Kanda, 2008 and an example of it's application is R. v. Gupta, 2008.

In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…

Have trial next week for Failure to Obey Stop Sign

Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal rvs007

Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…