Search found 91 matches

Simon Borys wrote:You can check out Bill 103 here to see exactly what changes were made.

http://www.ontla.on.ca/web/bills/bills_ ... BillID=413

Thanks again Simon; great information. Now I know a little more and I stand corrected!.

Cheers.


.

Hi Simon Borys and Radar Identified ;

Sorry I didn't reply to this post earlier. I am new at this and I guess I didn't mark the Notify me when a reply is posted option and I was not aware of your comments until now that I am browsing through my old posts. I will mark that option now.

Here it is:

What you describe is quite common. You should ...

I would advise you to file a complaint, but you would be wasting your time; you see, the complaint is reviewed by themselves. :roll:

No they don't. Complaints are now reviewed by the OIPRD.

Thanks Simon , I didn't know this.

I searched the OIPRD website at

https://www.oiprd.on.ca/CMS/Home.aspx

But I haven't been able to find the ...

The Stig wrote:Hwy;

I was taught long ago by a retired MNR CO that

"you never win or lose in court.....you just go and present evidence".

Good words to live by.

Actually, you bring to court the truth, the whole truth and nothing but the truth, to the best of your knowledge.

I would add, with the help of your good conscience.

Cheers.

...
Come on hwybear , you asked me what a White application was and I answered.

The Police Officer may NOT use any of that information to charge the driver. This information includes the Driver's License, which is used to identify the driver. Since identification is an essential element of an offence, without it the conviction fails..

that is ...

Hey hwybear :

Well, I lost a case this spring in regards to fail to remain

Was there a trial or was the charge withdrawn? In other words, was it the JP or the prosecutor who left the defendant go free?

I guess you mean fail to report, which triggers the issue of damages. Under s. 200, the driver must remain at or forthwith return to the scene ...

Hi hwybear ,

White application..

what is a white application? I have never heard that term.

R. v. White
http://scc.lexum.umontreal.ca/en/1999/1999scr2-417/1999scr2-417.pdf

A 1999 Supreme Court Case that deals with self-incrimination under compulsion.

Sec. 199 of the HTA compels drivers to report an accident under certain circumstances ...

He guys, thank you for your comments.

I thought that more people would be participating, but I guess just a few - the few good ones - carry this forum on their shoulders. :D

You were all correct!!

The amount set by regulation is $1,000 and the accident should be reported under s. 199(1) only if it results in damage to property apparently ...

Hey admin , thanks for you comment.

This is done because the unborn child does not have OHIP. However, nothing prevents them from using the father's OHIP coverage and in your case they should use your OHIP simply because the child is your son/daughter.
Excellent point there Biron. I would never have thought of that!

It was a traumatic and ...

Good for you RYOUNVS . Go and give them all you got.

... It does sound as though it's going to be difficult to effectively fight my case on my own. The crown is much more experienced than I, and that may well be my biggest downfall. I can only hope that the JP sees that both my wife and I are being honest about what happened.


I believe the ...

It was alleged that my client was involved in an accident in a parking lot. At the time he was late for a meeting in one of the plaza's offices and he was a little late.

The complainant alleged that my client's vehicle collided with his and that my client was at fault.

Immediately after the alleged incident my client found a parking spot, parked ...

... and JPs are agreeing with them! I don't think it's right, but the one thing I've realized is that the legal system is far from standardized or consistent , as you know very well.

You are so right!! Mostly in lower level courts. It defies the fundamental tenets of common law and many of them just do whatever the prosecutor suggests. But ...

Hey RYOUNVS

... Let me be clear Biron, I wasn't meaning to be belligerant in any way

No need for the clarification at all. I never thought you were belligerent, on the contrary, you ' sound ' quite friendly. :)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

On another topic:

... I am recently married to a british ...

Yeah, R. v. Sandhu, 2009 is a great case. I work in Hamilton and from time to time I show up in Burlington.

His Worship K. W. Dechert is a fair and meticulous trier of fact. I have also met Ms. Diane Howarth, a nice and capable prosecutor. Lynn Carter is a very experienced, honest and intelligent paralegal. I respect and admire her.

In this case ...

Thank you Radar Identified for your kind reply. I was somewhat familiar with R. v. Nikolovski, a 1996 case and you " made " me read it again. 8)

The burden of proof is different for the prosecution and for the defense. If the prosecutor is going to introduce evidence produced by some means like videos, photographs, alcohol levels, the defence ...

Dear RYOUNVS and Simon Borys :

Sorry about this long, but, in my opinion, necessary post.

I do this for a living -fight traffic tickets, that is. I have done it for over 20 years. I found this forum not to long ago and I thought I could help people by sharing my experience and knowledge. I have a track record of pro bono representations. Biron is ...

I think it is a good idea to put cameras in the car. :idea:

You do not have to prove that your speedometer has been checked or certified to raise a reasonable doubt. The prosecution's burden of proof is different and much more stringent because they have to prove the charge beyond a reasonable doubt.

Similarly, you do not have to go over the ...

Canadian Charter of Rights and Freedoms
8. Everyone has the right to be secure against unreasonable search or seizure.

What happened to your wife sounds like unreasonable search and seizure to me. It is further a flagrant violation of your privacy rights.

Police officers -not all of them- often do that. They show incompetence and negligence ...

Automobile insurance is provided to a specific vehicle and driver(s). Plates are not insured, at least not under this type of insurance.

You can register/attach old plates to a newly bought vehicle, even if you still own the old vehicle, however, the old vehicle's ownership (registration/permit) should indicate that the vehicle is unplated and the ...

The authority for a justice of the peace to amend a certificate is provided by s.34 of the POA. That authority, however is limited to proceedings where the defendant is present or represented. It may not be used to amend a certificate in absentia (where the defence is not present).

There are two sections of the POA that compel the justice of the ...

You will have to go to each jurisdiction (city you got a ticket) and go to the POA office, as suggested by OPS Copper, and ask to see a justice of the peace to request an extension of time to pay the fines.

To get the time extension you have to show that you made an effort to pay but can not finish paying within the allotted time.

If you haven't ...

That's right nav551. You did not have to signal.

Read the following carefully:

Signal for left or right turn

142. (1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall ...

10. Everyone has the right on arrest or detention
...
(b) to retain and instruct counsel without delay and to be informed of that right

I don't see anywhere in that section of the Charter that someone has the right to a telephone call, personal or otherwise.

This right has 3 parts, all of which are essential to it.

First; to retain and ...

Good to be here and hopefully I will be of service to the good people in this great forum.

if I hire a person to represent me in court, do I still need to appear there myself or can the person representing me handle it completely without me?

You don't have to be there at all if you hire a paralegal. Your chances...depends on the evidence the officer is going to present. If he is going to say that the arm was out and the light was ...

You have a very good chance of prevailing in court, but you will not learn here everything you need to know to go for a trial. You better hire an experience representative. By experienced representative I mean a true litigator -ask for their performance statistics- and not a paper pusher or mediator.

In law, the charge can not be changed from red ...

What you describe is quite common. You should have not been charged and, in my opinion the police officer acted negligently. There is Supreme Court case law directing that police officers may be liable for damages when charging someone and failing to conduct a proper investigation.

What they expect is that you go to court and 'plea bargain' to ...

It seems that you are well prepared to challenge the charge.

There is case law indicating that, if requested the prosecutor must produce the speed detection device manual.

You should receive the officer's original notes, and if not legible (can not read them) the prosecutor should provide you with a witness and a 'will say' statements.

The LIDAR ...

It is most likely that the prosecutor is appealing the dismissal of the charge only out of principle. Probably the prosecutor will not proceed with the charge against you.

You may contact the prosecutor and ask if they will be looking for a) a new trial, b) a conviction or c) just a court order.

In any event, for what you disclose the chances of ...

For what you describe, you did not have signal and you should be successful in court in a very brief, simple and easy trial.

Cheers.