that would not be the reason.Radar Identified wrote: The kid must dismount and walk the bike through the crosswalk, which is probably why the officer did not charge you at the time. .
Would be interviews of all witnesses. Would also wait to see the outcome of the injuries to the kid. This could be waiting for the child to be released from hospital and speaking to him at his residence. Then might take all the statements to the crown for the crown to decide which charge, if any should be laid.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Toronto by-laws are still messed up from consolidation, so you might want to ask your paralegal to look into whether that crossover is a proper crossover enacted by a by-law. I think the by-laws are still in several different documents, like Metropolitan Toronto By-law No. 108-86 and By-law No. 23506 of the former City of Scarborough. It would depend on which area you were in.
Relevant HTA sections:
- HTA 104 (2.1) ["all" bicycle riders to wear helmet (see regulation below)]
- HTA 140 (1) [when a driver is required to yield to pedestrians in a crossover]
- HTA 140 (2) [what to do when coming upon other vehicles stopped at a crossover]
- HTA 140 (3) [no passing within 30 m of crossover]
- HTA 140 (4) [no pedestrian shall walk into the path of a vehicle that simply cannot yield]
- HTA 140 (5) [no municipal crossover is valid on streets with a limit in excess of 60 km/h]
- HTA 140 (6) [no riding in crossover!]
- Reg. 610 (3) and (4) [helmet requirements]
- Reg. 610 (5) [age exemption for those over 18, not applicable in your case though]
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