Minimum lead time for disclosure

User avatar
neo333
Jr. Member
Jr. Member
Posts: 68
Joined: Thu May 28, 2009 10:55 am
Location: Toronto, Ontario

Minimum lead time for disclosure

by: neo333 on
Wed Jan 20, 2010 5:28 pm

What is the minimum amount of time needed to request disclosure (i.e how many weeks before court date must you file for disclosure)?


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

Moderator

by: Radar Identified on
Wed Jan 20, 2010 6:01 pm

Usually 9 weeks is the minimum "safe bet" lead time.
* 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
racer
VIP
VIP
Posts: 959
Joined: Wed Nov 14, 2007 7:27 pm
Location: Guelph, Ontario
Contact:

by: racer on
Wed Jan 20, 2010 6:52 pm

There is no set minimum time, as a lot of people don't even know that they can request disclosure, find this site, read over, "Oh *EDIT*" response kicks in, and they scramble to request disclosure a week before the date, and then adjourn.

Realistically, it should not take the prosecution more than 8 weeks, so I would say 2 months before trial would be a good bet.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


User avatar
neo333
Jr. Member
Jr. Member
Posts: 68
Joined: Thu May 28, 2009 10:55 am
Location: Toronto, Ontario

by: neo333 on
Wed Jan 20, 2010 10:57 pm

Thanks for the replies, RI and racer.

So, if a guy files for disclosure 4 weeks before court date, I assume the adjournment would be "charged" to defendant? i.e. defendant would be responsible for the delay (therefore not helping the 11b process).


User avatar
racer
VIP
VIP
Posts: 959
Joined: Wed Nov 14, 2007 7:27 pm
Location: Guelph, Ontario
Contact:

by: racer on
Thu Jan 21, 2010 7:48 pm

Unless the prosecutor moves quick, that may be the case. You can make an argument that it does not take much time to photocopy the stuff needed. If your friend only has 4 weeks left, I would still ask for it and see what happens.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


User avatar
neo333
Jr. Member
Jr. Member
Posts: 68
Joined: Thu May 28, 2009 10:55 am
Location: Toronto, Ontario

by: neo333 on
Fri Jan 22, 2010 12:43 pm

Disclosure was already requested. He faxed his disclosure exactly 1 month before court date. Obviously, he hasn't had any reply yet. He will fax his 2nd disclosure request 2 weeks before court date.

I assume he will not get anything before his court date. I'm sure the judge will adjourn so we can get disclosure. The 1st court date is 10.5 months after the infraction.

Ideally, we want the prosecution to be responsible for the delay (which would give us a VERY strong case for 11b). Any other advice on how to accomplish this?


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Fri Jan 22, 2010 2:42 pm

neo333 wrote:Disclosure was already requested. He faxed his disclosure exactly 1 month before court date.

Ideally, we want the prosecution to be responsible for the delay (which would give us a VERY strong case for 11b). Any other advice on how to accomplish this?
How can the court be responsible if this person waits one month prior to trial to ask for disclosure? sure they knew about their court date a lot sooner than one month.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
neo333
Jr. Member
Jr. Member
Posts: 68
Joined: Thu May 28, 2009 10:55 am
Location: Toronto, Ontario

by: neo333 on
Fri Jan 22, 2010 3:58 pm

Hwybear: I hear you..... The guy (like most every average person) was not aware of his right to disclosure, until he had a conversation with me with only 4 weeks left. But 4 weeks seems plenty to provide a few photocopies.....


User avatar
racer
VIP
VIP
Posts: 959
Joined: Wed Nov 14, 2007 7:27 pm
Location: Guelph, Ontario
Contact:

by: racer on
Sat Jan 23, 2010 10:45 pm

neo333 wrote: The guy (like most every average person) was not aware of his right to disclosure, until he had a conversation with me with only 4 weeks left. But 4 weeks seems plenty to provide a few photocopies.....
Sounds almost exactly as I said lol.

As for your friend, I would ask the court to dismiss the charge due to not receiving disclosure, and try to make a point that another day in court will cause an undue hardship due to wages lost for that day.

What is the offence?
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


User avatar
neo333
Jr. Member
Jr. Member
Posts: 68
Joined: Thu May 28, 2009 10:55 am
Location: Toronto, Ontario

by: neo333 on
Sun Jan 24, 2010 2:15 am

racer: it sounds exactly as you said, because i got from you! lol.

The offence is speeding 82 in a 60.

The judge won't laugh him out of the courtroom if he tries for a dismissal based on disclosure would he? He is pushing it with only 4 weeks notice on disclosure...


User avatar
racer
VIP
VIP
Posts: 959
Joined: Wed Nov 14, 2007 7:27 pm
Location: Guelph, Ontario
Contact:

by: racer on
Sun Jan 24, 2010 6:35 pm

22 over can be dropped to 15 over, as soon as he tells the prosecutor that he didn't receive the disclosure. Not getting disclosure = another day in court for all 3 (your friend, prosecutor, cop). Plea-bargain might be the best way to go.

Now, it does not hurt to apply for 11b because 10 months should be a long enough delay. And he better do it ASAP too...
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


OTTLegal
Jr. Member
Jr. Member
Posts: 97
Joined: Sat Oct 03, 2009 8:25 pm
Location: Toronto
Contact:

by: OTTLegal on
Mon Jan 25, 2010 7:19 am

Most people once they receive the disclosure have no idea what to do with it.....do you?
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


User avatar
ponyboyt
Jr. Member
Jr. Member
Posts: 69
Joined: Wed Jul 01, 2009 2:17 pm

by: ponyboyt on
Mon Jan 25, 2010 8:38 am

OTTLegal wrote:Most people once they receive the disclosure have no idea what to do with it.....do you?
I call and bitch about lack of information.


User avatar
neo333
Jr. Member
Jr. Member
Posts: 68
Joined: Thu May 28, 2009 10:55 am
Location: Toronto, Ontario

by: neo333 on
Mon Jan 25, 2010 10:13 am

How likely will a judge toss the case on an 11b for 10months?
Last edited by neo333 on Mon Jan 25, 2010 10:25 am, edited 1 time in total.


User avatar
neo333
Jr. Member
Jr. Member
Posts: 68
Joined: Thu May 28, 2009 10:55 am
Location: Toronto, Ontario

by: neo333 on
Mon Jan 25, 2010 10:23 am

OTTLegal wrote:Most people once they receive the disclosure have no idea what to do with it.....do you?
OTTLegal: why don't you enlighten us? :wink:

The value and substance of your post pales in comparison to the length of your signature and link to your website......


Post Reply
  • Similar Topics

Return to “Courts and Procedure”

Who is online

Users browsing this forum: No registered users and 2 guests