Hi all, I first want to thank the experts and contributors in this forum for all the information, advice and assistance you provide for people lwho do not know how to defend themselves. I am in search of help and advice on this particular situation. The notice of trial was issued approximately 14 weeks from the trial date for the offence of proceed contrary to sign at intersection contrary to HTA 144(9), however it was postmarked 7 weeks from the scheduled trial date. The notice was delivered and received 6 weeks before the scheduled trial date. The first request for disclosure was sent 1 week after, that is, 5 weeks before the scheduled trial date, thru registered express mail. As the disclosure is required urgently now to prepare for trial, I will submit reminder notices and check for availability in person. The concern is that the crown may not be able to provide the full disclosure before the trial date and this may lead to an adjournment. As the offence date is 8 months from the trial date, is there cause and case law to apply for a stay? Is it better approach or not to apply for a stay before the deadline ?
Hi all,
I first want to thank the experts and contributors in this forum for all the information, advice and assistance you provide for people lwho do not know how to defend themselves.
I am in search of help and advice on this particular situation.
The notice of trial was issued approximately 14 weeks from the trial date for the offence of proceed contrary to sign at intersection contrary to HTA 144(9), however it was postmarked 7 weeks from the scheduled trial date. The notice was delivered and received 6 weeks before the scheduled trial date. The first request for disclosure was sent 1 week after, that is, 5 weeks before the scheduled trial date, thru registered express mail. As the disclosure is required urgently now to prepare for trial, I will submit reminder notices and check for availability in person.
The concern is that the crown may not be able to provide the full disclosure before the trial date and this may lead to an adjournment.
As the offence date is 8 months from the trial date, is there cause and case law to apply for a stay?
Is it better approach or not to apply for a stay before the deadline ?
You are doing everything you can and in the right sequence. As far as "As the offence date is 8 months from the trial date, is there cause and case law to apply for a stay?" it's usually at least a year delay, if not longer, that the courts consider a 11b arguement.
You are doing everything you can and in the right sequence. As far as "As the offence date is 8 months from the trial date, is there cause and case law to apply for a stay?" it's usually at least a year delay, if not longer, that the courts consider a 11b arguement.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
I received a ticket today for not having a muffler on my car. The muffler was starting to fall off 2 days ago so i took it off so it wouldnt break off and damage someone else's vehicle. the same day i ordered a new muffler on ebay. and now today i got a ticket for not having a muffler. the cop said…
I wrote this article in response to another post regarding an on-duty police fficer involved in an MVC a a result of what appears to be some boneheadedness on his behalf...but it's a good talking point...so I've reposted it here to get other perspectives...
Is there a way to get out of being subpoenaed for an accident in ontario. i searched here and found only one thread that was related but in that case the person had already been subpoenaed. ( i guess once you are sent the subpoenea then there is no way out ? - what if you travel out of…
Hi. I have been researching the law when it comes to introducing evidence to court. I have requested disclosure and am making a Charter challenge on the grounds that incomplete disclosure. In my research, I have discovered a book on radar use in North America, it is essentially the radar bible.…
I was curious if there is any way that demerit points can be reduced or taken off of one's record after the tickets have been paid. I know in Alberta one can take a 'safe driving course' after a certain amount of time with a clean record and get demerit points taken off. Is there any such…
Hi - I was looking for some advise for the above speeding ticket I got this afternoon. I was travelling in Newmarket on Davis drive making a left hand turn onto Bathurst. The office pulled me over for failing to stop on the yellow light. I told her I did not feel I could stop safetly, as it was…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket,…
Just wanted to get an opinion on a recent charge a received. (not seeking legal advise, just some educated opinions).
Background:
My wife and i live in the GTA and recently were down in the Windsor area (lakeshore, ontario just outside of Windsor) We are in the process of moving down…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been…
