What do you do when a JP doesn't know the law?

MartinBrice
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What do you do when a JP doesn't know the law?

Unread post by MartinBrice on

Long story short: Got a parking ticket, decided to fight it. Requested disclosure, only got "Parking Tag Details" which tells me nothing. I had specifically requested, amongst other things, the Certificate of Parking Infraction, and evidence of ownership of the vehicle. I requested disclosure two additional times. When I didn't hear back, I filed a stay due to my chapter 7 rights being violated.

Fast forward to court: JP says that my disclosure request was fulfilled correctly the first time. Says that I would never be given evidence of ownership of the vehicle, because I already have it in my glove box! He also clearly didn't understand what a Certificate of Parking Infraction was, as he kept confusing it with the actual parking ticket. He refused to listen to my explanation of the Provincial Offences Act Section 17.1(7) which outlines the evidence required at trial.

I ended up getting the case withdrawn because of some other technicality, but I'm wondering what the proper thing to do in such a circumstance would be. Accept the JP's decision, and then appeal it?


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Radar Identified
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Unread post by Radar Identified on

MartinBrice wrote: Accept the JP's decision, and then appeal it?
Yep, appeal it.
* 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


MartinBrice
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Unread post by MartinBrice on

So this happened to me again today. I attempted to have the charge stayed due to lack of disclosure, but the JP insisted that my disclosure was adequate (even though my specific requests were not fulfilled). He then strongly encouraged me not to proceed to a trial, but I insisted since I was planning on making a motion of non suit since they wouldn't be able to present any evidence since it wasn't disclosed.

The prosecutor said that the Certificate of Parking Infraction and certified proof of ownership of the vehicle had been submitted to evidence. I asked why they weren't disclosed to me, and the JP said they never would be. I stated that section 18.1.1 of the POA states they must be presented as evidence to convict, and any evidence must be disclosed, but he wouldn't have any of it. I was then convicted of a minor parking offense.

Needless to say, I am very frustrated. As much as I would like to appeal this conviction on principle alone, the cost of doing so is almost as much as the fine for the charge, without taking my time into account.

I find it absolutely ridiculous that a JP who oversees hundreds of parking offences has no idea what a Certificate of Parking Infraction is - not to mention the fact that this particular JP felt it was okay to allow evidence at trial that hadn't been disclosed after specifically requested.

Thoughts?






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