Re: Do all traffic signs require a by-law?
Posted: Sat Nov 14, 2009 12:57 pm
case law wrote:Has anyone here successfully used the by-law argument in court for a stop sign yet?
Short answer to your question: No. But... a while ago, when observing a trial, I saw a case stayed for non-disclosure because the Crown did not provide the defendant with a copy of the by-law. The Crown argued that the existence of the sign was "prima facie" evidence of the existence of the by-law, some sort of case law cited. They went back and forth but the JP finally stayed the charge. That was for a "disobey sign," though. I've heard of cases where it hasn't worked, too.