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Ontario Highway Traffic Act

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Change lane not in safety - Bus Driver
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PostPosted: Wed Dec 30, 2015 7:48 pm 
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Joined: Wed Dec 30, 2015 7:09 pm
Posts: 2
Any help would be greatly appreciated.

While changing lanes (right--->left) in a 60 ft. articulated bus my rear (8 ft. from the rear bumper) made contact with a vehicle (front right fender) in the left lane. A passenger/witness (I have his name and number) sitting right at the point of contact told me that the car did not stop/slow down and drove into my space (shrinking my merging gap). Initially the other driver was ticketed with failure to yield to my bus. A week after the collision the officer changes his mind after reviewing the in-bus video (which my employer does not allow me to view) and issues me a ticket for change lane not in safety. I'm requesting disclosure and I'm not sure if I should omit/add anything to this list:

o Any photographic or video evidence the Crown intends to use in the event of a trial; (I want to see the video)
o A full copy of the police officer's notes, typed if not legible;
o A copy of both sides of the officer’s copy of the ticket (Notice of Offence);
o A copy of the collision report;
o Witness will say statements;
o Witness statements;
o Any statements made by the defendant; (Omit?)
o Copies of the original notes of such statements; and
o The names and address, occupation and criminal record of the persons providing such information. (Omit?)

I foolishly chose the "Early Resolution – Meet with Prosecutor" option. Can I still request disclosure having chosen this option? Do I immediately ask for a trial date at the meeting?


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Re: Change lane not in safety - Bus Driver
PostPosted: Wed Dec 30, 2015 10:18 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2094
Location: Ontario
It looks like you're using the TicketCombat form which has a lot of non-relevant items. I'd suggest you simply request the following:

1) A copy of the onboard video
2) A copy of the officer's notes (if they're not legible you can make a second request for typed notes)
3) A copy of any witness statements (i.e. written statements provided by other motorists)
4) A copy of your statement (this is assuming you provided some form of written statement)
5) A copy of the accident report

You can certainly request disclosure at the early resolution meeting. The Crown may even have some or all of the disclosure ready for you. You can hear what the Crown has to say (probably not much they can offer you since it's a minor charge to begin with) and request a trial.


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Re: Change lane not in safety - Bus Driver
PostPosted: Wed Dec 30, 2015 10:53 pm 
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Newbie

Joined: Wed Dec 30, 2015 7:09 pm
Posts: 2
Thanks for the reply.

I've amended the list to reflect the following:

o Any photographic or video evidence;
o A copy of the police officer's notes;
o A copy of the collision report;
o A copy of any witness statements;
o A copy of my statement; (should this be worded differently?)

I did provide written details/diagrams to the officer as I'm required to do so by my employer.


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