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Ontario Highway Traffic Act

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PostPosted: Sat Nov 14, 2009 1:57 pm 
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Location: Toronto
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.


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PostPosted: Wed Jul 07, 2010 9:16 pm 
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I'm going to try the by-law defense this upcoming Monday...third appearance for the same ticket. This time I'm asking for a trial, and if they run out of time I have a rock solid 11B.


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