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

Suspension and Judgement under HTA
Author Message
PostPosted: Wed Mar 28, 2012 4:42 pm 
Offline
Newbie

Joined: Wed Mar 28, 2012 4:27 pm
Posts: 2
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


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Wed Mar 28, 2012 6:10 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
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


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Thu Mar 29, 2012 10:29 am 
Offline
Newbie

Joined: Wed Mar 28, 2012 4:27 pm
Posts: 2
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 :)


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Thu Mar 29, 2012 10:01 pm 
Offline
Newbie

Joined: Thu Mar 29, 2012 9:47 pm
Posts: 18
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) ?


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Fri Mar 30, 2012 1:30 am 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
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


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Fri Mar 30, 2012 9:37 pm 
Offline
Newbie

Joined: Thu Mar 29, 2012 9:47 pm
Posts: 18
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.


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Fri Mar 30, 2012 10:02 pm 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
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.


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Fri Mar 30, 2012 10:04 pm 
Offline
Newbie

Joined: Thu Mar 29, 2012 9:47 pm
Posts: 18
Can you show me the legal interpretation please. Which Act and which section ? Many thanks


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Fri Mar 30, 2012 10:07 pm 
Offline
Newbie

Joined: Thu Mar 29, 2012 9:47 pm
Posts: 18
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


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Fri Mar 30, 2012 10:18 pm 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
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.


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Sat Mar 31, 2012 4:28 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
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.


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Sun Apr 01, 2012 12:05 am 
Offline
Newbie

Joined: Thu Mar 29, 2012 9:47 pm
Posts: 18
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.


Top
 Profile  
 
Re: Suspension and Judgement under HTA
PostPosted: Mon Apr 02, 2012 7:26 am 
Offline
Newbie

Joined: Sun Nov 13, 2011 11:17 am
Posts: 17
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.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 13 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. MTO License suspension due to judgement

Bruceb

12

6081

Mon Nov 21, 2011 11:08 pm

torontob View the latest post

There are no new unread posts for this topic. HTA 144(18) changed to HTA 130, is that allowed?

kooler

3

1030

Sun Mar 22, 2009 11:13 pm

ticketcombat View the latest post

There are no new unread posts for this topic. Charged with wrong offence: HTA 62(11) instead of HTA 62(19)

shnuffy

7

2509

Fri Dec 31, 2010 1:04 pm

Simon Borys View the latest post

There are no new unread posts for this topic. - HTA O.Reg 611 and HTA 84

hydronaut

1

338

Sat Jul 16, 2016 7:54 am

screeech View the latest post

There are no new unread posts for this topic. HTA S144(18) vs HTA S144(19) fatal error or not

momemon

2

1301

Sun Mar 23, 2014 7:41 pm

Decatur View the latest post

There are no new unread posts for this topic. Suspension

trouble

2

454

Mon Dec 28, 2015 10:43 am

jsherk View the latest post

There are no new unread posts for this topic. Driving under suspension

c3kan

8

3088

Sat Oct 03, 2009 10:59 pm

OTTLegal View the latest post

There are no new unread posts for this topic. Driving while under suspension

Oobie

14

1153

Thu Sep 24, 2009 3:23 pm

Oobie View the latest post

There are no new unread posts for this topic. Driving while under suspension

Rockyca

1

720

Mon Nov 09, 2009 9:11 am

OTTLegal View the latest post

There are no new unread posts for this topic. Drive Under Suspension 53

lucky777

3

2172

Mon Nov 30, 2009 9:53 pm

hwybear View the latest post

There are no new unread posts for this topic. driving while under suspension

ccricket

8

2798

Fri Apr 02, 2010 9:33 am

OTTLegal View the latest post

There are no new unread posts for this topic. Driving while under suspension

terror96

1

3008

Sun May 02, 2010 8:14 pm

OTTLegal View the latest post

 


Who is online

Users browsing this forum: No registered users and 2 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.