How to file an 11B

iFly55
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Re: How to file an 11B

by: iFly55 on
Thu May 19, 2011 6:34 pm

apologize for bumping this thread

i just got my trial date and it's 10 months from my offense date, can i still file an 11 (b)?


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by: Radar Identified on
Thu May 19, 2011 9:01 pm

10 months is not enough of a delay to warrant an 11B.
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fish1234
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by: fish1234 on
Mon Jul 18, 2011 12:05 pm

Radar Identified wrote:10 months is not enough of a delay to warrant an 11B.
I guess: 10 months 21 days is not long enough either?


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by: Stanton on
Mon Jul 18, 2011 2:30 pm

fish1234 wrote:I guess: 10 months 21 days is not long enough either?
General consensus is 1 full year.




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by: Stanton on
Wed Jul 27, 2011 5:51 pm

actng wrote:my 1 yr and 25 days still got quashed in court! :(
It's just the minimum, unfortunately no guarantee. Still very dependent on the jurisdiction and JP.


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by: robbiedigital on
Mon Aug 01, 2011 11:21 pm

I'm finally ready to drop off my Applications at the various locations. I know a lot of people are suggesting that faxing is easier, but because I have the time and work downtown, I'd actually prefer to drop them off in person and not have to worry about faxed receipts and affidavits of service.

To be clear - this is still a legit process, correct?

I'm fairly nervous about the actual day in court as I'm approaching the 15 business day mark, though if I'm able to drop them all off tomorrow, I'll be around 17/18 days ahead. However, my trial, through no fault of my own, is 17+ months after the ALLEGED ;) offense date, so based on what I've read, that should be enough.

I did speak to the guys at Ex Copper (who wanted $300 to prepare the 11b!) and they mentioned that the Old City Hall JPs are huge sticklers, and they are less willing to accept an 11b than other Toronto courts. Anyone have any first hand experience?
Last edited by robbiedigital on Mon Aug 01, 2011 11:31 pm, edited 1 time in total.


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by: robbiedigital on
Mon Aug 01, 2011 11:28 pm

clyrrad wrote:Hi Guys,

Ok today all 6 books were stamped by all the necessary parties - I still however can not find any good information on what to do from here. I've reviewed these forums and ticketcombat.com (excellent resources and have been very hepful) - however I cant find any good information on what to do / expect from here.

Now that everyone has been served, how does one find out if the 11B is accepted or not? Is this something you have to argue for on the date of your trial or does your sworn statement and documents included in your 11B application do the job for you?

I am trying to figure out what to expect from here and what will happen on the trial date. Can someone PRETTY PLEASE shed some light on this? I've been scouring the Internet and Forums and I can not find a answer to this question - I really need to know whats next.

What will happen from here? What should I expect at Trial? I read some information that you are not supposed to enter a plea but to tell the court that you have an 11B application pending - if that's the case - what happens? Does the court send you a letter letting you know if your 11B is accepted?

PS: I would like to open a detailed thread about how I did the 11B application since I was given a bit of a different run around from each office - but also because I learned alto and would like to contribute back to these forums for the info I have taken, but I need to know what to do / prepare from here.

:?: Hoping someone can help me out and answer this question. :?:
Hey - how did it go? Didn't see an update!


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by: robbiedigital on
Tue Aug 02, 2011 2:56 pm

Hi there,

Well, I physically dropped off all 4 documents and everything seemed to go OK, except that the order of offices as posted earlier is incorrect. The Provincial Offences Office at Edward St should be your LAST destination, not second last. Also, seems like they don't have or don't use "O" numbers anymore, they are called M for Motions.

Rob




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by: Radar Identified on
Fri Aug 19, 2011 2:39 pm

No. She has to swear the statement in front of the Commissioner. If she's not present, the Commissioner cannot verify that she is actually making the statement.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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by: robbiedigital on
Mon Aug 29, 2011 10:14 am

Was successful in court this morning. Here's how it went down...pretty simple, actually:

Got to the court around 8:45am, massive pre-trial line up. Didn't get to speak directly to the prosecutor, but I notice that she did have a copy of my Application. Instead, I had to speak to who I assume was her assistant or temp. I explained to him that I had filed a Charter argument, but he insisted that they didn't have it - so I had to stand my ground and pointedly say that his colleague had it in her hand.

Then he went on to my charge, 64 in a 40, and made some comment about me challenging something that's 34 over. This is when I got a bit upset with him, and said "that's 24, mate" - he didn't appreciate that, and the cop sitting on the bench beside him started laughing. He asked what my argument was, and I said right to a trial within a reasonable amount of time. In hindsight, I shouldn't have given him so much attitude.

I go into the courtroom and sat down with a ton of other people. People came and went (it was actually quite noisy and I really couldn't hear what was going on). Most plead guilty to a lesser charge, and only a few got off as the officer hadn't shown.

Then I get called up, state my name, and the prosecutor just proceeds to say that she had received my Charter argument, and due to the nature of the delay (a mix up at the Offences Office..not my fault), she recommends that the charge be withdrawn. JP says "you're free to go", and I walked out feeling like a King!

That's about it. Overall, if you can do your homework properly and get the procedure down, its well worth the effort and money (printing/binding) to file these, but since I work downtown, I had a huge advantage - most of these office visits (whether it be to gather info, request trials, or file the Application) were done at lunch or on break. I would seriously reconsider if I didn't work in the core.

Thanks to this site for all the great advice and information!

Cheers,
Rob


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by: Radar Identified on
Mon Aug 29, 2011 11:49 pm

robbiedigital wrote:This is when I got a bit upset with him, and said "that's 24, mate" - he didn't appreciate that, and the cop sitting on the bench beside him started laughing.
BWAHAHAHAHAHAHA!!

I wouldn't recommend saying something like that, but it must've been pretty funny.

Congratulations on your win.
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by: L8TR on
Tue Aug 30, 2011 12:55 pm

Hi everyone,

Many thanks to diehard - I followed his "quick and simplified guide describes how to file an 11b" http://www.ontariohighwaytrafficact.com/topic2952.html step by step - filled and served all parties. In my case (disobey sign) delay (caused by Crown) is 12 months and 26 days.

I am back from my first trial ever @ Toronto West Court and I looked very dumb after Judge looked at my "Notice of Application for stay of proceedings" and said: "Proceed".
I did not know what to do next and the judge said that I have to argue.
I have no idea what to say as I thought everything is described in the "Notice of Application for stay of proceedings".
Judge made a decision for the trial ajournment. The next trial date is scheduled in March of 2012.

Can somebody explain please what do I need to say after judge's word "proceed"?
Do I need to redo the "Notice of Application for stay of proceedings" or to make any amendment to it for the next trial date scheduled ?
Is 12 months and 26 days sufficient time to drop the case by Toronto West Court?

Thank you in advance,

l8tr


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by: Radar Identified on
Sun Sep 04, 2011 12:35 am

You have to explain why you filed the application, the circumstances of the case, and why you believe that the charge should be stayed, citing case law. You need to lay your case out for the JP. 12 months and 26 days should be enough but you need to explain to the JP why this is true for your case.

Go on to the CanLII website and look for 11B applications. Specifically look for the R. v. Rowan case and that should help you out.
* 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


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