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Ontario Highway Traffic Act

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15th day... How to calculate?
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PostPosted: Tue Oct 06, 2009 2:49 pm 
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Joined: Tue Oct 06, 2009 1:15 pm
Posts: 4
Just wondering how the 15 days that you have to exercise your options re a traffic ticket are calculated. Seems like a dumb question, I know, but I want to go with a trial option... but not enter it until the 15th day. Does it include the day the ticket was issued? My ticket was issued on Sept 21, but the date on the ticket is the 22nd.

As the date on the ticket is wrong, I'm hoping that the officer filed it under the correct day (21st, instead of 22nd) and that I'll be convicted in absentia. I figure I should then be able to appeal based on being mislead by the ticket date and not noticing it was wrong until later.

Not sure if that really matters either... sort of a shot in the dark.

Any thoughts?


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PostPosted: Fri Oct 09, 2009 10:46 pm 
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Joined: Tue Oct 06, 2009 9:56 pm
Posts: 68
http://www.canlii.org/eliisa/highlight. ... g-200.html

4. The following apply to the calculation of a period of time prescribed by the Act, section 205.7 or 205.19 of the Highway Traffic Act, these rules or an order of a court:

1. The time shall be calculated by excluding the first day and including the last day of the period.

2. Where a period of less than six days is prescribed, a Saturday or holiday shall not be reckoned.

3. Where the last day of the period of time falls on a Saturday or a holiday, the day next following that is not a Saturday or a holiday shall be deemed to be the last day of the period.

4. Where the days are expressed to be clear days or where the term “at least” is added, the time shall be calculated by excluding both the first day and the last day of the period. R.R.O. 1990, Reg. 200, r. 4; O. Reg. 498/94, s. 2; O. Reg. 567/00, s. 1.

5. A notice or document given or delivered by mail shall, unless the contrary is shown, be deemed to be given or delivered on the seventh day following the day on which it was mailed. R.R.O. 1990, Reg. 200, r. 5


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