Ontario Highway Traffic Act

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.


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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Was there a trial or was the charge withdrawn?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. :)

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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 ...