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Ontario Highway Traffic Act

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Appeals process....
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PostPosted: Fri Mar 13, 2009 1:49 pm 
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Joined: Tue Dec 30, 2008 12:24 am
Posts: 107
Hi,
I'm curious how easy it is to get an appeal for a decision on a provincial offences matter. Surely ever area will be different but as a whole are most appeals granted or denied? Whats a viable excuse to get an appeal? Not for me, just discussion.

Thanks!


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PostPosted: Fri Mar 13, 2009 6:34 pm 
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Joined: Mon Jun 30, 2008 5:59 pm
Posts: 486
Location: Toronto
It's fairly straightforward to do. You have to file your appeal within 15 days. Then request a transcript. In Toronto, you then wait a year and shell out about $80 before you get it (3 copies).

When it's finally ready, you submit the transcript to the prosecutor and the clerk of the court. They'll only schedule a trial after getting the transcripts (although technically you don't necessarily need them).

Then you prepare and submit a factum explaining why you are appealing. Basically you have three arguments, insufficient explanation, errors in law, or errors in fact. I cover this in detail on the very last page of my site.

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