I have received a "NOTICE OF TIME AND PLACE OF HEARING OF APPEAL" from the Ontario Court of Justice in Brampton.
I am appealing a guilty conviction of a HTA offence due to not showing for the hearing. Reason for now showing was a medical emergency.
I have documentation including a specialist doctor's note, prescription receipts, and an emergency room admittance shortly after the hearing date.
It is my understanding that this hearing is simply to deny or grant my appeal, and not to re-hear the case, is that correct?
If so, would my documentation be sufficient? Should I expect any tricks from the prosecutor? What else should I expect, or prepared to answer?
Lastly, the time elapsed between the ticket being issued and the conviction date was 21 months and 3 weeks. Each adjournment and delay was due to the prosecutor, prosecutors office, or the court. I know I have an 11(b) argument, but can I ask the judge to consider an acquittal without an "Application for Stay of Proceedings"? Would the judge consider throwing out the case even though this hearing (if I understand correctly) is simply to hear the reason for appeal?
Any help and input is greatly appreciated. If anything needs clarification please ask!
I'm no expert and I'm sure our experts will chime in, but I'm concerned because I think you should have applied for a "re-opening" not an appeal. An appeal can only succeed if there was an error made by the judge / justice during the original trial.
See Section 11 regarding re-opening. It has a very small window of opportunity.
Section 116 is Appeals
Should have clarified upon arriving at the Brampton POA courthouse to apply for a re-opening after missing my hearing date, I was told they are only permitting applications via an "in-basket" method. I did not have the opportunity to speak to a JOP, and was told to call the courthouse after 3 business days to get the decision. I tried my best to include as much information within the application, but it was a lot of material to cover and I couldn't convey all of it via paperwork. I went above and beyond what I could with the paperwork on the spot.
The decision was denied.
I then appealed to the Provincial Court.
Does my appeal only apply to the conviction, or also to the re-opening denial?
Sounds like the appeal is just on the re-opening decision.
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