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Incomplete disclosure
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PostPosted: Sun Oct 28, 2012 9:46 am 
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Hi everyone, I received a speed ticket back in April 2012, I filed for Trial and requested disclosure (on Oct 1st, 2012 - following a template found online used by many users). I received a letter that the disclosure is ready, but when I picked it up, I was surprised to see only 2 photocopied pages. One is a copy of hand written ticket and the second is the "enforcement agency notes" which consist of just a drawing that doesnt make any sense plus a line of scribbled notes that i cant even understand. In the disclosure request, i clearly requested that the notes are typed, any abbreviations used to be explained as well as calibration report and manual of measuring devices (which were not provided). I believe that the disclosure is incomplete, can you please advise how I should proceed with this? I would like to send another request, is there a special document that I need to send for an incomplete disclosure?


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Re: Incomplete disclosure
PostPosted: Sun Oct 28, 2012 11:06 am 
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It's usually not automatic to get typed notes and explanations of abbreviations on a first disclosure request. You'll have to submit a specific request for these. A calibration "report". (you're probably thinking of a ceritificate) and a full copy of the manual aren't usually released in disclosure. Specific pages relating to testing of the device are usually what you get and if you would like to examine the manual, you can normally do that. A simple letter outlining your request is sufficient for the second request.


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Re: Incomplete disclosure
PostPosted: Sun Oct 28, 2012 7:27 pm 
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Decatur wrote:
It's usually not automatic to get typed notes and explanations of abbreviations on a first disclosure request. You'll have to submit a specific request for these. A calibration "report". (you're probably thinking of a ceritificate) and a full copy of the manual aren't usually released in disclosure. Specific pages relating to testing of the device are usually what you get and if you would like to examine the manual, you can normally do that. A simple letter outlining your request is sufficient for the second request.


Thanks Decatur, in my original dosclosure request, i used a template found on redflagdeals which many users used (referencing the Stinchcombe case), should i just craft a formal letter instead of a disclosure letter i used? do you think that it will be more effective?


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Re: Incomplete disclosure
PostPosted: Sun Oct 28, 2012 10:28 pm 
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I'm not a big fan of the templates or form letters. Keep it simple and ask only for what you know exists. Ask for a typed copy of the officers notes and shortforms and explain that you can't read them.


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Re: Incomplete disclosure
PostPosted: Mon Oct 29, 2012 9:45 pm 
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Decatur wrote:
I'm not a big fan of the templates or form letters. Keep it simple and ask only for what you know exists. Ask for a typed copy of the officers notes and shortforms and explain that you can't read them.


Thanks


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Re: Incomplete disclosure
PostPosted: Mon Nov 12, 2012 6:04 pm 
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Ultimately, if you are don't receive the documentation that you feel would make the disclosure obligation complete, then you bring a Stinchcombe application and litigate it before the presiding justice. This requires a notice of application, a factum, and whatever supporting documents you have (i.e. correspondence). Together, the notice + factum + supporting docs forms the "application record" that will be before the court. All of that needs to be served on both the crown and the court in a timely fashion.

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