Sign/License Charges

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Simon Borys
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Re: Sign/License Charges

Unread post by Simon Borys on

Good question...not sure, I think just calendar days.
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akarimov
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Unread post by akarimov on

Well. its too late anyways :)
Gonna have to do without the motion. In case, that does not work, could you give me an idea of how to lead the interrogation?


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Unread post by Simon Borys on

You mean the cross examination? That's more an art than a science and how it goes depends largely on how the prosecutor's examination n chief goes so im not really sure what i can say by way of general advice.
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Unread post by EphOph on

According to this case,
http://www.canlii.org/en/on/oncj/doc/20 ... cj150.html ,
you can make the motion at the trial without providing notice. I haven't seen anyone on this site recommend this method so I may be wrong. The case is a relatively short read through, but it basically states that you don't have to provide notice because your rights are violated by the local prosecutor, not the province or the gov't of Canada.

Please note however that the defendant was denied his motion and then later appealed and was found to be right, so you should bring a copy or two with you if you decide to do this as the prosecutor will likely attempt to use everything in his arsenal to stop you.


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Unread post by akarimov on

bring a copy of what?

@Simon Borys
Thanks for you help


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Unread post by EphOph on

A copy of the case I linked to, just print it out. It will prove to the prosecutor and JP that you are allowed to make the motion. A printout of section 109 of the Courts of Justice Act (the reason that the JP initially rejected the motion) wouldn't hurt either.

I intend to do this at my trial in August, but you might want to hear from the more experienced members here before attempting it.


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Unread post by akarimov on

Sounds good, thanks.

Here is another questions, my court is at 3pm and I want to try to change it to 8am. If I am lucky and manage to do it, is it going to affect my ability to file 11b motion? Since, technically I moved the court date.


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Unread post by hwybear on

stay on one thread, below deleted an added onto this thread
akarimov wrote:I got two Notices of Trial with two different offense numbers. Do I have to make two versions 11B applications for each offense?

Also, on the 11B application is says that I have to include the copies of the ticket. Don't they take the ticket when you request the trial?
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akarimov
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Unread post by akarimov on

Hi,

My courtdate was moved due to prosecutor not providing me with a disclosure. Because of this mistake, my court is now 17 months since I got charged. My next step would filing 11B motion.
I am a little confused on which forms to use. Can I use Affidavit form and Form 4F? I attached the copies of the forms, please look it over please to see if I got the right ones.

Thank you
Attachments
form_4f.zip
(127.01 KiB) Downloaded 93 times
affidavit.zip
(241.95 KiB) Downloaded 93 times


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Simon Borys
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Unread post by Simon Borys on

EphOph wrote:According to this case,
http://www.canlii.org/en/on/oncj/doc/20 ... cj150.html ,
you can make the motion at the trial without providing notice.
This case, R v Vellone, is currently under appeal by the crown at the Ontario Court of Appeal. It has not been heard yet. If you're going to use it you might want to make sure it's hasn't been overruled by that time.
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akarimov
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Unread post by akarimov on

I tried to create a new thread, but it got added to my old thread.
Anyways, can anyone take a look at my forms please


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Radar Identified
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Unread post by Radar Identified on

akarimov wrote:I tried to create a new thread, but it got added to my old thread.
There's a few reasons for that:

1. When people are trying to follow your story, chasing down multiple threads to get the big picture makes it much more difficult.
2. Without the full picture accessible to them (ie. one thread), people are likely to give you incomplete, inaccurate or just plain wrong advice.
3. By creating new threads for the same ticket, people may start asking you questions that you've already answered in the old thread.

In other words, it makes it easier for you, and easier for others, to follow your case and give you concise and clear advice if you stick to one thread. When you post to your old thread, everyone can see that there's a new post that's been made and they'll click on it to see what's up.
* 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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Unread post by akarimov on

I got some questions before I file for 11B. Here is the timeline so far:
July 2010 - Charged
Aug 2010 - First attendance (meeting with the prosecutor)
July 2011 - Courtdate
Jan 2012 - New courtdate appointed by the prosecutor because disclosure wa not provided.

Will I have any trouble with my 11B?

thanks

below cut from another thread and added to proper thread, by HTA moderator
akarimov wrote:I am following the process of filing 11B from ticketcombat.com. Should I include:
1. Copy of disclosure request
2. Proof of request
3. Notice of trial
4. Copies of the ticket

Do I include those with Affidavit or Form 4F or both?


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Unread post by Radar Identified on

Should easily get the stay based on the 11B.
* 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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akarimov
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Unread post by akarimov on

Thank you! About the forms ... Can anyone write a list of documents that go with Affidavit and Form 4F. That would be greatly appreciated






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