Hey guys this is my second time posting. A while back actually about 5 month ago I got a ticket for proceeding contrary to sign at intersection 144(9). When the officer was asking me for my insurance and drivers license, i did not have the new insurance slip, 
thus he also gave me a ticket for…
Hello all
(simon or anyone else can feel free to answer)
I requested disclosure of a radar manual in original disclosure request. Didn't get disclosure until trial date, so an adjournment was granted. At that time the Provincial Prosecutor stated that it wasn't his policy to release the manual to…
so last night i was driving home at around 1am
i was going 120 in a 100 when a car started tailgating me (almost bumper to bumper)
i sped up in order to put some distance between us but it wouldnt leave me alone for over 10 minutes.
i was exhausted and not paying attention to my speed guage i ended up…
Hey folks. New forumer here.
Just curious to hear a few opinions on the following video taken at a photo enforced intersection.
As you can see, the light was still yellow for a fraction of a second as the camera-car entered the intersection (crossed the stop line), but it was close.
I drive a Honda Civic and we all know how those are when it comes to theft. On my driveway my brothers car was stolen twice and once broken in to. Also a few other cars have been stolen on my street. I have an alarm and all that. But say my alarm was going off and I ran outside and fought off the…
Hello all, yesterday I received a ticket for parking in a handicapped spot outside of school. I was done classes and had to load up my van with some very heavy and awkward items for transport. I had been parked in the garage across the street for the duration of my classes and decided to bring…
Sometimes I find plain simple English not quite so simple:
Green arrow(14) Every driver approaching a traffic control signal showing one or more green arrow indications only or in combination with a circular red or circular amber indication and facing the indication may proceed only to follow the…
Hi, recently I was driving home around 2:30pm from the bus stop I drive to in order to bus to school. I was traveling down Kennedy just past 19th seatbelt on, doing the speed limit. About one and a half kilometers past the intersection of Kennedy and 19th a fox sprinted across the road. I swerved…
What to include when filing a form 4F - a question
Hi,
Planning to file a form 4F today. Applying for a stay based on the length of time it has taken to get to court.
I have some case law from CANLII that shows the length of time from my ticket to my court sate violates my rights to a speedy trial (13 months).
Here's the question...do I submit the case law with the form 4F or do I hold it until I get to argue for the stay once in court. Please advise, I have no lawyer and don't want issues with the way I file this if at all possible.
Thanks!
Re: What to include when filing a form 4F - a question
You will likely not be successful in seeking a stay.
The Supreme Court has held in R. v. Jordan (https://scc-csc.lexum.com/scc-csc/scc-c ... 7/index.do) that unreasonable delay is 18 months in provincial trial courts.
If it has been less than 18 months between the offence date and the trial date, the burden is on you to show that the delay is unreasonable. You must show that you took "meaningful steps that demonstrate a sustained effort to expedite the proceedings" and "the case took markedly longer than it reasonably should have."
"Absent these two factors, the s. 11(b) application must fail. Stays beneath the presumptive ceiling [of 18 months] should only be granted in clear cases."
