Suspension and Judgement under HTA

Moderators: Reflections, admin, hwybear, Radar Identified, Decatur, bend

teddybear2112
Newbie
Newbie
Posts: 2
Joined:

Suspension and Judgement under HTA

Unread post by teddybear2112 on

I am trying to find out how my husband can get back on the road:

In 2000 he had an accident with no insurance with a hefty fine, due to financial reasons he could only pay a portion and now is ready to pay it off. His license was suspended due to the non-payment. In the meantime there is a judgement that has been filed against him for this in 2003(discovered on his Equifax and it looks like the driver of the other vehicle possibly?) We printed his driver's abstract to see what it said as we want to make the necessary arrangements to get him road-worthy again and it show both the unpaid fine suspension and an unpaid judgement under the HTA. Would this be in regards to the fine or the judgement by this other person. He had no notice of trial for the judgement and no nothing of it.

Any idea where we go from here? What this would be? How to make arrangement? What to do?

Thank you, Michelle


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

First thing to do is get the fines paid off. Contact MTO (Driver Improvement Office) as that is a good place to start, or the court house. They should be able to start steering you in the right direction. He'll have to pay the fines, plus a licence reinstatement fee of $150. He may have to apply for a new licence due to the fact that its validity period surely expired during the time he was suspended.

The fine and judgement on the Driver Abstract have nothing to do with any lawsuit or claim filed by the other driver. It is related to the collision, the fact that he didn't have insurance and the suspension. As far as the on Equifax claim, that's not surprising for a collision where a driver doesn't have insurance - the other person's insurance company goes after you directly.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


teddybear2112
Newbie
Newbie
Posts: 2
Joined:

Unread post by teddybear2112 on

Thank you for your help. I have gone to the MTO office and they have directed me to go to the court office to find out what and how to pay the fine. As well they told me that there is a possibilty that they may settle for a lesser amount but do not know if this is true..I will find out. Also, the judgement was in small claims court, would my husband have to be served and have the opprotunity to go to court or is automatic...another question I will be trying to find answers to.

Thanks again...it was of great help :)


Benjamin Button
Newbie
Newbie
Posts: 18
Joined:

Unread post by Benjamin Button on

Just a question in relation to the answer regarding suspension. Out of interest if a licence expires while suspended wouldn't that make the suspension erroneous in that the licence is no longer valid but dead (expired) ?


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

Not really. The suspension and the expiry of the licence both would (in a legal sense) bar the owner from driving, but one doesn't cancel the other. For example, there are two different offences: Drive Suspended and Drive With No Licence. Drive Suspended is more serious - either you're under a court-ordered or administrative suspension (e.g. unpaid fines, BAC over 0.05, etc). Drive With No Licence could be something as simple as not renewing your licence when it is due, and continuing to drive. If his licence expired and he was suspended, he could be charged with both.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Benjamin Button
Newbie
Newbie
Posts: 18
Joined:

Unread post by Benjamin Button on

I see what you mean... but the suspension ticket would be the one to give if licence was not expired. When something is expired it is not in effect/dead/not valid etc..... Therefore the Driving with no licence would be the one to be given in this regard. It only makes sense that way. You can't possibly give a suspended ticket when the licence in question is not viable.


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

Benjamin Button wrote:I see what you mean... but the suspension ticket would be the one to give if licence was not expired. When something is expired it is not in effect/dead/not valid etc..... Therefore the Driving with no licence would be the one to be given in this regard. It only makes sense that way. You can't possibly give a suspended ticket when the licence in question is not viable.
I understand what you’re saying from a semantic point of view, but that’s not the legal interpretation. It’s technically a suspension of a person's right to drive a vehicle, not their actual licence. Technically you can be suspended without even having ever applied for a licence.


Benjamin Button
Newbie
Newbie
Posts: 18
Joined:

Unread post by Benjamin Button on

Can you show me the legal interpretation please. Which Act and which section ? Many thanks


Benjamin Button
Newbie
Newbie
Posts: 18
Joined:

Unread post by Benjamin Button on

PS. I dont see how someone can be suspended (unless by hanging ;-) ) A licence to use can be suspended from use. And a determination that someone be prevented from Driving (even without having applied for a licence) could be in effect. But a man/woman cannot be suspended only a licence.... thats why I want the Act/Section Thank you


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

It would be covered by the Highway Traffic Act and the Driver’s Licence Regulation (340/94). Relevant sections under the HTA would be 32 and 53, and probably lots of sections under the OReg.


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined:
Contact:

Unread post by Simon Borys on

Even an expired licence can be suspended. At that point you could technically be charged with 2 offences - 1 for drive no licence (because it's unlicenced) and 1 for drive suspended (because it's suspended), but the Kienapple Principle in criminal law would, I believe, prohibit a conviction on both counts simultaneously. One would have to be stayed before sentencing.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Benjamin Button
Newbie
Newbie
Posts: 18
Joined:

Unread post by Benjamin Button on

OK well I guess the licence holder would need to revoke the licence then rather than leave it in 'expired' condition ? thank you for your helpful advice Simon.


Brian Smith
Newbie
Newbie
Posts: 17
Joined:

Unread post by Brian Smith on

In Ontario the issuing of a license by MTO grants you permission to drive on a highway. This permission, if your license expires, ends. The courts, along with MTO, can also suspend your license. In this case you are barred by provincial law from driving on a highway. The third level would be a prohibition imposed by a criminal court, which generally bars you from driving any motorized from of transportation anywhere in Canada. Any one, two, or three of these may apply to a person.






Post Reply

Return to “General Talk”