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Speeding ticket, paralegal plead guilty, filling appeal?
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PostPosted: Tue Jun 07, 2016 11:57 pm 
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Joined: Thu Sep 26, 2013 12:07 pm
Posts: 3
I received a speeding ticket last year, and without knowing any better I hired x-copper. The end result was that they didn't do much - showed up, plead to a lesser charge and were on their way. Afterwards I found out that they didn't receive disclosure, which they passed off as unnecessary as they were able to get me this "great deal with 0 points". I was mad but assumed that I was out of luck, paid my fine, and chalked this up to being a learning experience.

Well earlier today I can't came across something on the city of Toronto's website about filing an appeal. I was wondering whether I have any shot in hell of filing an appeal given that my representation didn't properly represent me?


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Re: Speeding ticket, paralegal plead guilty, filling appeal?
PostPosted: Wed Jun 08, 2016 2:11 am 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 787
No, an appeal is against a error in law committed at the trial. The fact that your representative did a poor job is between you and them.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Speeding ticket, paralegal plead guilty, filling appeal?
PostPosted: Wed Jun 08, 2016 7:31 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
You only have 30 days to file an appeal.

Your only option now is to sue x-copper for malpractice.

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


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Re: Speeding ticket, paralegal plead guilty, filling appeal?
PostPosted: Wed Jun 08, 2016 12:12 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
In extenuating circumstances, the Courts can grant you an extension of time to file an appeal outside the initial 30-day window (section 85 of the Provincial Offences Act). Simply not being aware of the possibility to appeal probably wouldn’t meet the criteria though.

Also, the Courts do recognize what’s known as “ineffective assistance of counsel” as one possible reason to allow an appeal, but I don’t think it would be a straightforward argument. You’d have to review any contracts and agreements you signed with the paralegal firm to see what level of service was requested and expected. If you agreed to a simple reduction in fine/points, then the service they provided (or lack thereof) may be deemed sufficient.

Realistically you’d probably need an experienced lawyer to both review the matter and help you with the appeal (assuming grounds exist for an appeal). Then you also have to start weighing the costs and benefits of the whole process. Is it worth spending several thousand dollars in legal fees to fight an old speeding ticket? Also, if an appeal is granted and a new trial ordered, then what? Will there be grounds to beat the ticket in Court? Or do you simply end up with the same conviction on your record again.


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