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Ontario Highway Traffic Act

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summons
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PostPosted: Mon Feb 14, 2011 9:47 pm 
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Joined: Mon Feb 14, 2011 9:39 pm
Posts: 3
have a summons, to appear on a stat holiday, the cop must have been in a hurry filling it out or something. also, where can i look up proper summons procedure, there is no court stamp on it, no sig. by a justice o peace.

problem 2 have a fine on a court doc, but it doesnt show up on MTO abstract, why??


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Re: summons
PostPosted: Mon Feb 14, 2011 10:19 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
You're going to need to provide a few details.

First, what type of summons is it? Part III?

Second, what type of court document, when was it issued and for what type of fine?


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Re: summons
PostPosted: Mon Feb 14, 2011 11:03 pm 
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Joined: Mon Feb 14, 2011 9:39 pm
Posts: 3
summons is for HTA driving under susp.

the court doc is form 105, information sheet, lot of monkey business on it. on the front they have stamped it for jan 2010, a year before the alleged infraction. inside there are initials scribbled out and different ones drawn over, the sheet with the court decisions has dates stamped, scribbled out and new dates stamped, one box has a fine of $1000, but no other sentence, yet they suspended the licence. there was a conviction of no insurance, when proof of valid insurance was disclosed, and lastly, how do they get away with having the information done "hearsay", the issuing officer doesnt even fill out the paperwork?


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Re: summons
PostPosted: Tue Feb 15, 2011 12:15 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
lyndenki wrote:
summons is for HTA driving under susp.


I'm guessing you've been served a Part III summons. The information on the summons is filled out by the police officer serving you. Since they're typically served at the side of the road, there is no requirement or opportunity for a JP to sign them, etc. The officer will have to swear before a JP or Commissioner for Taking Oaths that they've served you a copy of the document before it will be accepted by the Courts. If the officer served you a Part III that has an invalid Court date, you'll likely receive a corrective summons with a new date.

lyndenki wrote:
the court doc is form 105, information sheet, lot of monkey business on it. on the front they have stamped it for jan 2010, a year before the alleged infraction. inside there are initials scribbled out and different ones drawn over, the sheet with the court decisions has dates stamped, scribbled out and new dates stamped, one box has a fine of $1000, but no other sentence, yet they suspended the licence. there was a conviction of no insurance, when proof of valid insurance was disclosed, and lastly, how do they get away with having the information done "hearsay", the issuing officer doesnt even fill out the paperwork?


I really don't know what you're asking.


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