Is it worth filing 11B after 17 months?

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Joined: Wed Apr 20, 2011 2:25 pm

Is it worth filing 11B after 17 months?

by: pipars on
Wed Apr 20, 2011 2:57 pm

Hi, I got a speeding ticket in Toronto for 69km/hr in 50 zone on February 24, 2010. I filed 2 disclosure requests before the trial and got just a fraction of what I have asked from the prosecutor. I should mention that I live in Kitchener and I had to drive 3 times to Toronto to submit all this and get the papers back from the prosecutor.
On the court date on February 11, 2011 I asked judge to stay the trial (without submitting the forms) because prosecution failed to provide me the documents to defend myself. Despite prosecutor's long speach about how it is my fault, judge adjourned the trial and ordered prosecutor to give me all that I am missing. He also mentioned, that since I live in Kitchener prosecution should have given me all that I wanted in the first place. Prosecutor gave me all documents that I wanted right after the court session.

The next trial date was set to July 29th 2011. Little tip for others: After prosecutor came up with the date (making sure the officer can attend) judge asked me if I am ok with that date or not. Being plainly stupid - I said yes. I should have said 'no' and the trial would have been scheduled for the day when my officer would have a harder time to come over.

Shall I submit 11B? is 17 month delay enough for the judge to grant me a stay?
Shall I submit a trial schedule request asking to expedite the trial, so I can show to the judge I have tried to do it faster, or it doesn't matter?

Thank you
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Simon Borys
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am

by: Simon Borys on
Wed Apr 20, 2011 8:57 pm

If you would have rejected the date offered they would probably have just picked another one that the officer was working so he would have been just as likely to attend. Also, any further delay after the first date that was offered could have been counted against you if you decide to file an 11(b). Personally I think 17 months is great for an 11(b), assuming the all of those months are attributable to the crown and not to you.
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