Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic This topic is locked, you cannot edit posts or make further replies.  [ 2 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Failure to Appear at Trial
Author Message
PostPosted: Sun Oct 11, 2009 6:20 pm 
Offline
Jr. Member

Joined: Tue Oct 06, 2009 9:56 pm
Posts: 68
If you are issued a certificate of offence and an offence notice and give notice of an intention to appear, and then fail to appear at the time and place appointed for the hearing, under POA s. 9.1(1), you are deemed not to dispute the charge.

Quote:
Failure to appear at trial

9.1 (1) If a defendant who has given notice of an intention to appear fails to appear at the time and place appointed for the hearing, the defendant shall be deemed not to dispute the charge.

Examination by justice

(2) If subsection (1) applies, section 54 does not apply, and a justice shall examine the certificate of offence and shall without a hearing enter a conviction in the defendant’s absence and impose the set fine for the offence if the certificate is complete and regular on its face.

Quashing proceeding

(3) The justice shall quash the proceeding if he or she is not able to enter a conviction. 1993, c. 31, s. 1 (3).




In such cases, the justice can ONLY apply s. 9.1 (2) or (3).

If by chance the certificate is complete and regular on its face the justice can ONLY impose the set fine, as evidenced in s. 9.1(2).

The set fine does not include the victim surcharge fine and court cost fine found under s. 60.1 of Part IV of the POA (Trials and Sentencing) because no hearing was held.

Are justices adding these additional fines?

I'm not sure, but if they are, they are not permitted to.

The justice can only impose the set fine for the offence and s. 60.1(2) articulates that the surcharge is deemed to be a fine.

Quote:
Surcharge

60.1 (1) If a person is convicted of an offence in a proceeding commenced under Part I or III and a fine is imposed in respect of that offence, a surcharge is payable by that person in the amount determined by regulations made under this Act.

Collection

(2) The surcharge shall be deemed to be a fine for the purpose of enforcing payment.



Moreover, other fines are added under POA regulation 945 if you are found guilty after a trial, but these additional fines are not to be added here as no hearing was held and no other fine can be imposed.

http://www.e-laws.gov.on.ca/html/regs/e ... 0945_e.htm

Regulation 945 are the purposes of subsection 60 (1) of the Act and imposes a $5 fine for service of offence notice or summons, and a $10 fine upon conviction under section 9.1 of the Act.

POA s. 60(3) evidence that these items are fines.

Quote:
Costs collectable as a fine

60(3) Costs payable under this section shall be deemed to be a fine for the purpose of enforcing payment.



Only the set fine can be imposed, as evidenced in s. 9.1 (2).

Are justices adding these addtional fines?

I'm not sure, but if they are, they are not permitted to.

Additionally, not all offences subject to a certificate of offence and offence notice bear a set fine. Some offences only bear a statute fine.

If the offence you are charged with does not bear a set fine, and only bears a statute imposed fine, the conviction can be entered but NO fine can be imposed as the justice can ONLY impose a set fine, as evidenced in s. 9.1(2).

The set fine is created by the chief justice of Ontario, as evidence in POA s. 1(1).

Quote:
“set fine” means the amount of fine set by the Chief Justice of the Ontario Court of Justice for an offence for the purpose of proceedings commenced under Part I or II.


A statute fine is created by the statute you are charged under.


Top
 Profile  
 
PostPosted: Sun Oct 11, 2009 7:24 pm 
Offline
Jr. Member

Joined: Tue Oct 06, 2009 9:56 pm
Posts: 68
The government will argue that the justice is imposing the set fine for the offence you committed, however, upon a conviction being entered, the POA statute imposes additional fines. These additional fines are not imposed by the justice for the conviction of the offence committed.

With respect to the court cost fine, it falls under Part IV of the POA and Part IV is titled Trial and sentencing.

You were not involved in a trial, as evidence as in s.9.1 because you did not attend court.

Moreover, s. 60(3) states costs payable under this section shall be deemed to be a fine for the purpose of enforcing payment.

This section referred to in s. 60(3) falls under Part IV of the POA and this section does not apply to Part I of the POA unless a trial is held.

Anyway, if a person cannot afford to pay the fine issued for an offence they are convicted of, how does adding more fines, the service of offence notice or summons fine, the conviction under section 9.1 fine, and the victim surcharge fine, work as a purpose (means) of enforcing payment of the original fine that cannot afford to pay?

The surcharge fine might be legit upon conviction. But only if a set fine is imposed. If you are convicted of an offence that has no set fine, you pay no fine, and the surcharge cannot be imposed despite the conviction as a fine must be imposed to trigger s. 60.1.

Quote:
Surcharge

60.1 (1) If a person is convicted of an offence in a proceeding commenced under Part I or III and a fine is imposed in respect of that offence, a surcharge is payable by that person in the amount determined by regulations made under this Act.




Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic This topic is locked, you cannot edit posts or make further replies.  [ 2 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Failure to Stop - Notice of Trial

jonathanfront18

4

869

Wed Feb 19, 2014 9:15 pm

highwaystar View the latest post

There are no new unread posts for this topic. Have trial next week for Failure to Obey Stop Sign

rvs007

6

1113

Thu Feb 14, 2013 8:24 pm

ynotp View the latest post

There are no new unread posts for this topic. Won at trial for Failure to Stop at Stop Sign. Thanks!

MrsHo

6

2898

Mon Jan 28, 2013 11:21 am

MrsHo View the latest post

There are no new unread posts for this topic. No notice of trial but trial scheduled for this Tuesday

GLOBAL WARMING?

8

1132

Tue Jun 12, 2012 6:34 pm

GLOBAL WARMING? View the latest post

There are no new unread posts for this topic. Out of town trial, no disclosure, trial April 11?

[ Go to pageGo to page: 1, 2 ]

Bil22

17

1482

Mon Apr 08, 2013 8:44 pm

daggx View the latest post

There are no new unread posts for this topic. Notice of Trial was stamped 5 weeks before trial.

shankeith

2

481

Wed Dec 09, 2015 2:09 pm

jsherk View the latest post

There are no new unread posts for this topic. Failure to remain, failure to report accident, and

III

4

3219

Mon Oct 03, 2011 8:21 pm

Radar Identified View the latest post

There are no new unread posts for this topic. re-trial

Semicolon

2

508

Wed Nov 14, 2012 11:49 pm

EZ Coach View the latest post

There are no new unread posts for this topic. Trial will not be processed

CHAND

5

1211

Mon Apr 28, 2008 3:35 pm

Bookm View the latest post

There are no new unread posts for this topic. Trial Location

taylor_m

4

531

Fri Jan 23, 2009 12:22 am

tdrive2 View the latest post

There are no new unread posts for this topic. Stalling trial by JP

seeg65

1

412

Sat Aug 22, 2009 11:32 pm

FiReSTaRT View the latest post

There are no new unread posts for this topic. trial procedure

mathers

1

692

Tue Mar 16, 2010 10:19 am

Reflections View the latest post

 


Who is online

Users browsing this forum: No registered users and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.