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Ontario Highway Traffic Act

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Re: How to file an 11B
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PostPosted: Tue Dec 27, 2011 6:30 pm 
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Joined: Wed Oct 26, 2011 11:19 pm
Posts: 61
Hi All,

Wanted to share a link to the most recent update on the R. v. Vellone appeal being brought forward by the Crown. The judge has ruled to allow the appeal, concluding that the judge in the previous Vellone appeal erred.

You can find it here:
http://www.canlii.org/en/on/onca/doc/2011/2011onca785/2011onca785.html

Interestingly, it looks as if though it may not be necessary to serve the Attorney General of Canada as HTA and POA offenses are an Ontario matter. It will be interesting to see how this unfolds.

Any input is appreciated!


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Re: How to file an 11B
PostPosted: Tue Jan 10, 2012 9:11 pm 
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Joined: Wed Sep 21, 2011 8:08 pm
Posts: 12
Quick question,

I'm trying to plan out whether I need to take the whole day off work, how long did this process take for everyone? I'll be at Old City hall.

Thanks


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Re: How to file an 11B
PostPosted: Sun Jan 15, 2012 8:54 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Take the whole day off work. It's a process similar to pulling teeth.

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* 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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Re: How to file an 11B
PostPosted: Mon Feb 06, 2012 10:21 am 
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Joined: Wed Sep 21, 2011 8:08 pm
Posts: 12
Thanks for the response. Do you/anyone know whether there's been success of filing for a stay via fax method?

Coming in FAR from Toronto, so if I can somehow pull it off with a decent chance at Old City Hall that would be preferred....


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Re: How to file an 11B
PostPosted: Mon Feb 06, 2012 4:37 pm 
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Joined: Wed Sep 21, 2011 8:08 pm
Posts: 12
Also, how important is it to have the original notice of trial along with transcripts?

I already had my court date adjourned due to lack of disclosure, however I've seemed to have temporarily misplaced (going to search for it still) the notice of trial. I also didn't request any transcripts from the first hearing since I didn't thought it was needed until now. Figures....

Thanks in advance


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Re: How to file an 11B
PostPosted: Wed Feb 08, 2012 8:31 pm 
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Joined: Wed Sep 21, 2011 8:08 pm
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Alright so just an update: a paralegal is willing to file an 11b for me but the process is all done through fax?

Is this a viable option?

Please try to respond asap as I need to know tonight!


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Re: How to file an 11B
PostPosted: Thu May 17, 2012 2:29 pm 
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Joined: Thu May 10, 2012 7:12 pm
Posts: 6
Thanks for the helpful information!
Now, I understand the court date could be rescheduled due to lack of "Disclosure". But, how long in advance should you request the disclosure, so the prosecutor cannot argue that you gave a short notice on purpose to delay the trial?
Would you request the disclosure by mail/in person/by fax?

Thanks!


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Re: How to file an 11B
PostPosted: Wed Sep 12, 2012 6:11 am 
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Joined: Tue Oct 25, 2011 8:44 pm
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Who do you give the two binded copies to? the court and the prosecutor? or do you hold on to a binded copy and give it to the judge on the day of the trial? any help would be greatly appreciated.


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Re: How to file an 11B
PostPosted: Wed Sep 12, 2012 10:34 am 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 543
Hoodedvillan wrote:
Who do you give the two binded copies to? the court and the prosecutor? or do you hold on to a binded copy and give it to the judge on the day of the trial? any help would be greatly appreciated.
you give one of the copies to the courts (where you initially filed your tickets), they will then give it to the judge on the day of trial


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Re: How to file an 11B
PostPosted: Wed Sep 12, 2012 5:05 pm 
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If you're talking about the 2 bound copies of the 11(b) Charter motion you serve one on the prosecutor but then you still have to file the other one with the court IN ADVANCE of the trial - not on the day of.

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Re: How to file an 11B
PostPosted: Mon Dec 24, 2012 10:07 am 
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Joined: Wed Nov 25, 2009 11:28 am
Posts: 147
I was wondering the other day, if you get two tickets by the same officer on the same day, and if you are two file an 11(b) motion after receiving the court date, is it one procedure (set of documents) for both tickets? Or do you have to file both tickets separately?


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Re: How to file an 11B
PostPosted: Thu Jan 10, 2013 5:34 pm 
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Attended my trial today after filing 11B and won! Will share my experience to help others to prepare for next steps after filing 11B.

Offence: Red light - fail to stop
Offence date: Feb 11, 2012
Trial date: Jan 10, 2013
Length: 11 months less a day

In court:
Cop is here.
1/2 hour before allotted time, prosecutor talked to all the accused one-by-one and offer everyone an identical deal - $60 and no demerit points. However, when I came up and told the prosecutor my name, she just highlighted my name to indicate I am present, and ask me to sit down and wait. I am the only one she did not make an offer.
After all the guilty pleads are done (only 30 minutes after it started, an full room of 20+ people are done, each took less than a minute), I am the last one to go up.
I went up, state my name, then prosecutor said she is withdrawing the charge.

So it seems like the prosecutor will automatically withdraw charges if you file the 11b paperwork properly.
Based on my interpretation of R. v. Andrade, if you file your notice of intention to appear in court within 15 days as required, then you can calculate institution delay:
a) Inherent time requirements of case: 1 month
b) Accused delay: the number of days you took to file your notice of intention to appear in court
c) Institutional delay: trial date - offence date - a) - b)

If c >= 9 months, you have a case for 11b. In my case, c = 9.5 months, and I filed 11b paperwork 1 month before trial date.


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Re: How to file an 11B
PostPosted: Tue Jan 15, 2013 9:51 am 
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Joined: Wed Nov 25, 2009 11:28 am
Posts: 147
vincci wrote:
Attended my trial today after filing 11B and won! Will share my experience to help others to prepare for next steps after filing 11B.

Offence: Red light - fail to stop
Offence date: Feb 11, 2012
Trial date: Jan 10, 2013
Length: 11 months less a day


Congratulations. You were within the period, but I believe 11 months is a bit too short, judge could have rejected the 11b motion.

Anyway, what court office was this?


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Re: How to file an 11B
PostPosted: Fri Jan 18, 2013 8:50 pm 
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Joined: Sat Dec 29, 2012 10:17 am
Posts: 7
In Andrade's case the superior court allowed stay of proceedings for 11 months 4 days and 11 months 28 days. Thus 11 months is safe now for the purposes of 11(b)


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Re: How to file an 11B
PostPosted: Fri Jan 18, 2013 8:52 pm 
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Joined: Sat Dec 29, 2012 10:17 am
Posts: 7
vincci wrote:
Attended my trial today after filing 11B and won! Will share my experience to help others to prepare for next steps after filing 11B.

Offence: Red light - fail to stop
Offence date: Feb 11, 2012
Trial date: Jan 10, 2013
Length: 11 months less a day

In court:
Cop is here.
1/2 hour before allotted time, prosecutor talked to all the accused one-by-one and offer everyone an identical deal - $60 and no demerit points. However, when I came up and told the prosecutor my name, she just highlighted my name to indicate I am present, and ask me to sit down and wait. I am the only one she did not make an offer.
After all the guilty pleads are done (only 30 minutes after it started, an full room of 20+ people are done, each took less than a minute), I am the last one to go up.
I went up, state my name, then prosecutor said she is withdrawing the charge.

So it seems like the prosecutor will automatically withdraw charges if you file the 11b paperwork properly.
Based on my interpretation of R. v. Andrade, if you file your notice of intention to appear in court within 15 days as required, then you can calculate institution delay:
a) Inherent time requirements of case: 1 month
b) Accused delay: the number of days you took to file your notice of intention to appear in court
c) Institutional delay: trial date - offence date - a) - b)

If c >= 9 months, you have a case for 11b. In my case, c = 9.5 months, and I filed 11b paperwork 1 month before trial date.



My delay is 11 months and 3 days and I am planning to make the application either this week or next week. My trial is on 5th March. Quick question:
1. You said that you filed on the basis of Andrade. Did you attach the case of Akov and Morin?
2. Which court house was it?


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