Hi, I attended court last week for my trial date. When I arrived, the prosecutor moved my date to later this coming summer. This new trial date will take place over 1 year from the initial incident. Here are my questions: 1) What is the time limit you need to reach for file an 11B? I've read some places anything over 8-10 months...some places say 11months. Is there a regulation or specific case law that gives a range? Is 1 year valid for 11B? 2) When should I file the 11B? If I just had my trial date recently, should I file the 11B right away (like, in April) or should I wait until about a month before the trial date later this summer? I'm concerned that if I file the 11B NOW, that they might try to move up the trial date and I'd lose my 11B status. On the other hand, if I don't have any communication until I send an 11B a few months from now, does that make me look bad...as if I am not actively trying to get a speedy trial? I asked for an earlier date already in court, but they said the date they gave me is the earliest. Do I need a transcript to verify I said this in court? Note: I've already filed for a STAY before my first trial date due to no disclosure (not because of 11b). Do I need to follow up on this disclosure Stay application again also? Since filing, I did receive disclosure.
Hi,
I attended court last week for my trial date. When I arrived, the prosecutor moved my date to later this coming summer. This new trial date will take place over 1 year from the initial incident. Here are my questions:
1) What is the time limit you need to reach for file an 11B? I've read some places anything over 8-10 months...some places say 11months. Is there a regulation or specific case law that gives a range? Is 1 year valid for 11B?
2) When should I file the 11B? If I just had my trial date recently, should I file the 11B right away (like, in April) or should I wait until about a month before the trial date later this summer? I'm concerned that if I file the 11B NOW, that they might try to move up the trial date and I'd lose my 11B status. On the other hand, if I don't have any communication until I send an 11B a few months from now, does that make me look bad...as if I am not actively trying to get a speedy trial? I asked for an earlier date already in court, but they said the date they gave me is the earliest. Do I need a transcript to verify I said this in court?
Note: I've already filed for a STAY before my first trial date due to no disclosure (not because of 11b). Do I need to follow up on this disclosure Stay application again also? Since filing, I did receive disclosure.
The remedy for 'non-disclosure' is simple, you get disclosure. It appears the crown has satisfied their disclosure obligations? What was the reason your recent trial date was adjourned? You have to give us a timeline of events. Date you received ticket Date you filed for trial Date you received 'notice of trial' Date you requested disclosure Trial Date New Trial Date You should read R. ex rel City of Toronto v. Andrade, 2011 ONCJ 470 (CanLII) in full to better understand how the 11b time calculations are done.
The remedy for 'non-disclosure' is simple, you get disclosure. It appears the crown has satisfied their disclosure obligations?
What was the reason your recent trial date was adjourned? You have to give us a timeline of events.
iFly55, thanks for your reply. Received ticket: July 4, 2013 Filed for trial: July 8, 2013 Received 'notice of trial': Sept 9, 2013 Requested disclosure: Sept 26, 2013 (first of 3 requests) Trial Date: March 10, 2014 (postponed - cop didn't show for personal reasons) New Trial Date: July 24, 2014
iFly55 wrote:
What was the reason your recent trial date was adjourned? You have to give us a timeline of events.
Date you received ticket
Date you filed for trial
Date you received 'notice of trial'
Date you requested disclosure
Trial Date
New Trial Date
iFly55, thanks for your reply.
Received ticket: July 4, 2013
Filed for trial: July 8, 2013
Received 'notice of trial': Sept 9, 2013
Requested disclosure: Sept 26, 2013 (first of 3 requests)
Trial Date: March 10, 2014 (postponed - cop didn't show for personal reasons)
Your delay can definitely get you a stay, just follow the guidelines in this thread: http://www.ontariohighwaytrafficact.com/topic2952.html File the 11b app ~20-30 days before your trial date.
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