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Ontario Highway Traffic Act

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HTA Information
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PostPosted: Thu Sep 15, 2011 1:52 pm 
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Joined: Thu Sep 02, 2010 4:18 pm
Posts: 16
Hi,

Sorry if i may be posting in the wrong thread my questions are as follows;


1. Are Highway Traffic Act Matters Kept Public? Say if someone did an Appeal would that appeal be kept as public record accessible to anyone who may need it for reference?

2. if a person was charged with an offense given part 3 matters " Summons " 2 people and entirely similar situation both accused and co-accused. and the accused goes onto do an Appeal and subsequently its dropped due to errors in law, can that be used for the co accused aswell since they where both charged with the identical charges and situations?

What had happened was;

I and a friend where riding our bikes, we both got summons the police officers views where obstructed by buildings he assumed it was us doing the crazy stuff at night and subsquently gave us the summons, my friend went onto appeal and cases where thrown out due to lack of evidnce i beleive it was.

My case is coming up i would like to also point that case out to the JP in hopes that they will throw it out.

what would be the best advice that can be given to me?



Regards,


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Re: HTA Information
PostPosted: Fri Sep 16, 2011 9:43 am 
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Posts: 1065
Judicial findings from one trial may be of assistance at another, but you can't introduce that into evidence just by claiming it. You need to have a reported case or a transcript of the judge's reasons.

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http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Re: HTA Information
PostPosted: Sat Sep 17, 2011 7:46 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
Shaan wrote:
I and a friend where riding our bikes, we both got summons the police officers views where obstructed by buildings he assumed it was us doing the crazy stuff at night and subsquently gave us the summons, my friend went onto appeal and cases where thrown out due to lack of evidnce i beleive it was.,

that actually does not sound like an "appeal" at all.

what you described is a bike getting stopped, driver given summons with court date, driver proceeeded with a trial and was found NOT GUILTY= that is not an appeal, and no public record

now if it was.....bike getting stopped, driver given summons with court date, driver proceeded with a trial and was found GUILTY, driver then appealed to another court with reasons of errors in law, another trial took place (Appeal Trial), then was found NOT GUILTY = appeal and is on public record and can be searched

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: HTA Information
PostPosted: Sat Sep 17, 2011 7:52 pm 
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Joined: Thu Sep 02, 2010 4:18 pm
Posts: 16
Well, It is the later situation where was found quilty and then proceeded to do an appeal and at the appeal he was aquited of both charges, how could i search it up i know an appeal was done.


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Re: HTA Information
PostPosted: Sat Sep 17, 2011 7:54 pm 
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Location: In YOUR rearview mirror!
you should be able to search on CanLii by the surname of the person,

I don't know how much delay there is in adding the results to the system (1week, 1 mth, 6 mths etc) ??

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: HTA Information
PostPosted: Sat Sep 17, 2011 8:19 pm 
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Posts: 16
Nothing on there perhaps another source i can search ?


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Re: HTA Information
PostPosted: Sat Sep 17, 2011 11:20 pm 
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99% of JP's decision on provincial offences are not reported, therefore it is not going to be on CanLII or any other legal database. The only way would be, as I said, to order the transcripts.

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http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Re: HTA Information
PostPosted: Sun Sep 18, 2011 3:36 am 
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Joined: Thu Sep 02, 2010 4:18 pm
Posts: 16
Hi do i need to have the person present or is it considered public information? and if its public or private do we just go to the courthouse it was heard at with the offence number or other information and ask for transcripts as a regular case?

and what other information would be needed and procedure please


Thank-you for your help.


Regards,


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Re: HTA Information
PostPosted: Sun Sep 18, 2011 9:29 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Court decisions are public with few exceptions and available to everyone. Contact the Courthouse to enquire about the actual process to request one. Typically you pay a nominal deposit before they review the transcript to give you an estimate of the final cost. The longer the trial, the more you pay, but expect at least $100 in costs.

Just curious, but have you tried speaking with the Crown yet? If the original charge couldn't be substantiated due to lack of evidence, I'm surprised they're proceeding with yours. Unless of course the officer simply left something out of his testimony that can be corrected at your trial.


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