Is the wrong Total Payable still a fatal flaw?

azdjedi
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Jr. Member
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Joined: Thu Mar 14, 2013 2:43 pm

Is the wrong Total Payable still a fatal flaw?

by: azdjedi on
Tue Mar 18, 2014 4:56 pm

Hi,

I'm wondering if anybody has any new cases surrounding the fatal flaw of total payable. The last case I know of where that was a valid defence to have the ticket quashed was "- R. v. Monahan et al., 2009 (2009oncj298)" but that was over ruled by 2012oncj773.

My story:
The Set Fine was correct but the Total Payable was wrong so I ignored the ticket. The JP convicted me anyway and I got a notice of fine in the mail. The amount I was told to pay was again wrong (this time by only $1). I'm hoping to use the wrong Total Payable as well as the wrong Notice of Fine to have my appeal judge quash the ticket due to too many errors.

Thanks




jsherk
High Authority
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Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on
Sat Apr 05, 2014 8:51 am

You need to appeal the decision and then go to the appeal Judge and say the Justice made an error at law because the ticket was not regular on its face (wrong fine) and that the Justice should have quashed it.

What was the set fine and total payable on the ticket? Total Payable will be Set Fine + Victim Surcharge + $5 service fee.

http://www.ticketcombat.com/offences/fatal.php

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


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