R. v. Farah and R. v. Mirza are similar cases in which the wrong H.T.A. section number was written on the ticket. The two accuseds each attempted to "force a fatal error" by failing to show up for their respective trial dates, and both were convicted in absentia. Their respective appeals to the provincial offences appeal court were both dismissed on the grounds that the H.T.A. section number is not an essential element of the ticket. Both accuseds have applied for, and have now been granted, leave to appeal these decisions to the Court of Appeal for Ontario. Here are links to the decisions granting leave to appeal: R. v. Farah, R. v. Mirza It will be interesting to see how the court of appeal rules on these cases, as that ruling will probably provide a lot more clarity to the forced-fatal-error strategy and when it is (or perhaps is not) applicable.
R. v. Farah and R. v. Mirza are similar cases in which the wrong H.T.A. section number was written on the ticket. The two accuseds each attempted to "force a fatal error" by failing to show up for their respective trial dates, and both were convicted in absentia. Their respective appeals to the provincial offences appeal court were both dismissed on the grounds that the H.T.A. section number is not an essential element of the ticket. Both accuseds have applied for, and have now been granted, leave to appeal these decisions to the Court of Appeal for Ontario.
It will be interesting to see how the court of appeal rules on these cases, as that ruling will probably provide a lot more clarity to the forced-fatal-error strategy and when it is (or perhaps is not) applicable.
i lost my license in an accident i had to due my exceeding amount of demerit points. i went to jail and made bail i was put on a curfew of 9am to 9pm stupidly enough i did not follow and i got pulled over for driving with a different cars license plates, no insurance, and violating my curfew... i…
I was charged for disobey sign (no left turn) in a winter noon time around Bay/Edward (the prosecutor/judge said it to be a Absolute liability offences but disobey sign is actually a strict liability offence, right? And I found this: For example, if you made an illegal left-turn where there were…
so got fined with 69km in a 50km, at bottom of hill...didn't even have foot on the gas. first ticket ever in over 10 years of driving. fine was 62$ and 3 points.
cop says take to court and get demerit points reduced. didn't even let me speak and walks away.
On my way to work today I got a 110 dollar ticket + 2 demerit points.
I was driving north on Bathurst and turned left onto a side street into a residential area before hitting the lights at Eglinton and Bathurst. I normally do this to avoid the big line up to turn left onto Eglinton.
On the 400 extension EB towards Barrie cops like to hide out under an over pass that is Ski Trails Rd. They tag people as the come over the crest of the hill and that is 900m from where this officer was standing.
I'm confused because I knew this, saw the cop, and checked my…
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of…
Today i got caught doing 115 in a 90 at Mayfield and 410 and what I have been reading is that this offence is 3 points. Seeing this is my first offence I'm unsure if the ticket is supposed to I lost 3 points or is that just automatic. Also should I go to fight it to drop the points and just pay the…
I was (recently) involved in a traffic accident where, due to icy road conditions, I slid into oncoming traffic while making a right turn, while they were coming towards me and stopping at a stop sign. This was a residential area and there's no way I was exceeding anything over 20KM/h on…
