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Ontario Highway Traffic Act

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Is this cause for Stay?
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PostPosted: Thu Nov 19, 2009 10:09 pm 
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Joined: Tue Nov 17, 2009 10:18 am
Posts: 3
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 ?


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PostPosted: Fri Nov 20, 2009 7:32 am 
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Location: somewhere in traffic
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.

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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