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 Reply to topic  [ 2 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Filling Notice of Motion before trial
Author Message
PostPosted: Mon Aug 24, 2015 8:16 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
For Provinical Offences like speeding, if I want to file a Notice of Motion before the trial for anything (let's say to have some evidence excluded), do I have to use the form POA-0007, or can I just submit something that is similar to it?

The reason I ask is that it contains a sentence that says "And further take notice that in support of this application will be read the affidavit of _____ and such other and further evidence as may be required." If I MUST use form POA-0007 then that means I must also include an affidavit which must be sworn/signed by a commissioner of oaths (which costs money)!

Can I not just submit a Notice of Motion with all my "points and evidence" included that I want to raise and then just sign it without having a commissioner of oaths sign it, since I will be at the trial when it is dealt with anyways?

I have tried searching acts/statutes but to clarify my questions:

Where does it say what should/must be included in a Notice of Motion?

In what situation (if any) does it say that we MUST use form POA-0007?

Thanks

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Filling Notice of Motion before trial
PostPosted: Tue Aug 25, 2015 10:03 am 
Offline
Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
I believe if you bring the affidavit with you when you file your paperwork at the court office you can swear in front of the clerk accepting your paperwork as they are a COA.

Ticketcombat has a write up on this relevent to Toronto http://ticketcombat.com/step4/howtofile_hard.php

Your MP, MPP or local elected representative can also be a Commissioner of Oaths.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 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. Filling a motion in Ontario

jsherk

1

449

Mon Nov 12, 2012 5:48 pm

Simon Borys View the latest post

There are no new unread posts for this topic. notice of motion?

[ Go to pageGo to page: 1, 2 ]

pardnme

20

1853

Tue Nov 25, 2008 9:56 pm

pardnme View the latest post

There are no new unread posts for this topic. Notice of Motion to Adjourn after a previous adjournment

Gloomfrost

3

1655

Sat Nov 02, 2013 4:47 pm

Gloomfrost View the latest post

There are no new unread posts for this topic. Notice of Motion - adjournment of trail date - court error

Reggie

4

395

Sun Jan 29, 2017 11:00 pm

jsherk 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. Notice of Trial was stamped 5 weeks before trial.

shankeith

2

480

Wed Dec 09, 2015 2:09 pm

jsherk View the latest post

There are no new unread posts for this topic. Verbal Motion to Stay at The Trial

slepy

8

858

Tue Apr 03, 2012 2:26 pm

Stanton View the latest post

There are no new unread posts for this topic. Can someone else Motion to Change the Trial Date?

veetor

1

438

Tue Dec 08, 2015 5:30 pm

jsherk View the latest post

There are no new unread posts for this topic. help with a motion to change trial date by prosecutor

bottleboy

2

847

Wed Nov 25, 2009 8:03 am

Reflections View the latest post

This topic is locked, you cannot edit posts or make further replies. prosecutor files motion to change trial date, help

bottleboy

1

771

Thu Nov 26, 2009 6:00 am

hwybear View the latest post

There are no new unread posts for this topic. Need help with 2nd change of trial date motion by prosecutor

bottleboy

2

712

Tue Jan 26, 2010 11:07 pm

neo333 View the latest post

There are no new unread posts for this topic. Prosecutor's Motion to Adjourn original Trial Date

TEB

8

1525

Fri Jul 29, 2011 9:32 am

Simon Borys View the latest post

 


Who is online

Users browsing this forum: Google Adsense [Bot] and 7 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.