Speeding - what should the set fine and total payable be?

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Keroba
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Speeding - what should the set fine and total payable be?

Unread post by Keroba on

Hi,

A friend got a ticket Jan. 9th of this year for doing 110 kph in a 90 kph zone, so 20 over.

What should the set fine and total payable read?

It's confusing to me, as the prescribed fine under HTA s.128 is different than the set fine enumerated by the Chief Justice of the Ontario Court of Justice.

Why would these be different? Has the Chief Justice just not updated their list?

Thanks in advance for your help.


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Simon Borys
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Unread post by Simon Borys on

One list is for ticket (i.e. out of court settlements), the other is for JP's to apply in court, after a trial. The table in the HTA is for JP's to use.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Keroba
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Unread post by Keroba on

Ok, so the ticket is right if it shows $75 as the set fine, with a total payable of $95?

20 x $3.75 = $75 set fine + $15 VFS + $5 service cost = $95 total payable

If the HTA table was used, it would be:

20 x $4.50 = $90 set fine + $20 VFS + $5 service cost = $115 total payable

I was thinking a London (City) v. Young argument could be used on appeal after a POA s. 9 default, but now I guess not.

Is there any other offence that has a varied fine, between what the Chief Justice's list says the set fine is, and the penalty prescribed in the Act that enumerates the offence?


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Simon Borys
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Unread post by Simon Borys on

Keroba wrote: Is there any other offence that has a varied fine, between what the Chief Justice's list says the set fine is, and the penalty prescribed in the Act that enumerates the offence?
No
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Radar Identified
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Unread post by Radar Identified on

Proper set fine & total payable: $75 and $95, respectively. The amounts are correct.




* 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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