Notice of Motion - adjournment of trail date - court error

Reggie
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Notice of Motion - adjournment of trail date - court error

Unread post by Reggie on

Wondering if anyone can give me a hand on this one.

Got a Red light ticket back Oct 9, 16. Went to first resolution didn't like the offer so asked for trail. Got Disclosure very quick as well as trail date (Feb 13, 16). The hiccup comes in today when I received a letter for a Notice of Motion, the prosecutor wants to change trail location and date due to the trail being set at the wrong court house "Should have been set in St. Catharines not Niagara falls" then citing officers availability. I imagine this is not very uncommon but the court will hear this motion on January 30 (11 days from getting the letter) and only 2 weeks before the trail. I have booked my time off for the original trail already, is there some argument I can make if I go to court on the 30th about timing issues/unfairness (I live over 70km away). As well if I wish to send a notice of motion do I not need to do this 15 days in advance of the motion?

any insight would be appreciated.


jsherk
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Unread post by jsherk on

Only Charter arguments need 15 days. Regular motions only need about 3 days notice.

If you do not show up for motion date on January 30 then they will just move it.

If you do show up for the motion date, then you can argue that you do not want them to move it and why. The JP gets final decision on whether to move it or not.
+++ This is not legal advice, only my opinion +++


Reggie
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Unread post by Reggie on

Do you think it is worth it to send someone to the motion and object given it was not an error not attributable to me and I have already booked off the day for my current trail date? or will this go no where? I have meetings I can not miss to attend this motion due to short notice, and I would assume showing up undercuts my argument that my schedule is not as flexible anyway. Just wondering if its even worth it, would I have to show why this is prejudice against me or is the fact that the motion is only 2 weeks from my trail and I have gone through the work to get the day off already enough?

Thanks alot for the input.


Reggie
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Unread post by Reggie on

So I had done research and found that with the Provincial Offences act and the way it prescribes how to count days, that the court did not indeed give me the 3 days notice but 2 instead. In saying this I have an important meeting tomorrow morning I can't miss and will not be able to make it and given the hearing is 9:00a.m. on a Monday I could not find anyone else to go.

Is there any type of "appeal" process, if not how does this stop a prosecutor from filing and then handing out late notice, or no notice and if you are a no show the motion is carried?

It seemed if I could get the motion denied I would be home free as the reason to move the motion was the cop could not show that day.

Thanks again for the time everyone.


jsherk
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Unread post by jsherk on

Fax a letter to both the Clerk of the Court office and to the Prosecutors office.

Say you were not given enough notice. Tell them why you can not attend. Tell them that you can only attend on the date previously set for the trial, and say they can bring the motion then if they want but you will still object to it.




+++ This is not legal advice, only my opinion +++


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