Search found 95 matches

by EphOph
Wed Nov 04, 2015 3:28 pm
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8323

Re: Disclosure Request


Now here is a question I do not know the answer to... why are some fields different on the Certificate of Offence versus your Notice of Offence? I would think they should be identical.
It's just the part at the bottom where on the accused ticket it says "you have 15 days etc", on the officer's copy there is a spot to fill out if a summons was ...
by EphOph
Wed Nov 04, 2015 9:53 am
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8323

Re: Disclosure Request

I've removed the part about the original notes and added the justification for the full manual and will be sending this today. I also found the relevant case: R. v. Stinchcombe .

The ticket was computer generated; the officer's copy says "Certificate of Offence" at the top. I know it's the officer's copy because some of the fields at the bottom ...
by EphOph
Tue Nov 03, 2015 1:00 pm
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8323

Re: Disclosure Request

Thanks jsherk. Since this is the first appearance I will just make do with the adjournment.
After all the worrying we finally received the disclosure package in the mail! (Regular, not Registered - along with the friendly Winlow warning). Anyway the officer's notes are included in a typed version only - are they entered this way or should I be ...
by EphOph
Tue Oct 20, 2015 10:08 am
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8323

Re: Disclosure Request

So 3 requests and 11 weeks later, still nothing! Pretty soon we will be at the 15 day limit for a charter application. Do these have to be done for no disclosure (like 11B) or can I just ask for a stay on the trial date? I know the JP will likely grant an adjournment, but is there any relevant case law for arguing in favour of a stay in this ...
by EphOph
Mon Sep 21, 2015 1:19 pm
Forum: Compulsory Automobile Insurance Act
Topic: Right to pay
Replies: 13
Views: 4434

Re: Right to pay

You do have the right to pay.

What law says that?

I am not sure which law (might be in CAIA?). I was recently at an accident reporting center and the employees there told me that the person at fault can pay for damages out of pocket instead of having insurance pay for it (what insurance company would deny that?). The accident still has to be ...
by EphOph
Fri Sep 18, 2015 3:50 pm
Forum: Compulsory Automobile Insurance Act
Topic: Right to pay
Replies: 13
Views: 4434

Re: Right to pay

You do have the right to pay. However at this point your insurance will know that you have an accident on record. I'm not sure if the impact on your premium from having an accident+claim is any different from accident only - you'll have to contact your insurance company to find out.
by EphOph
Fri Aug 07, 2015 9:00 am
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8323

Re: Disclosure Request

Thanks for the input everyone. Please note I am not trying to avoid receiving disclosure. I just think it's dumb that for this one thing they refuse to use mail, which is what's used for every other court communication. It's just as easy to stuff the documents in an envelope and write an address as it is to scan everything and make sure it gets to ...
by EphOph
Sun Aug 02, 2015 10:44 am
Forum: Courts and Procedure
Topic: Disclosure Request
Replies: 21
Views: 8323

Disclosure Request

Hello Folks,
I am at it again helping someone fight a ticket, this time in London. I have a few questions dealing with the disclosure request.
The prosecutors here seem to have gotten smart to the usual tactics. They now include a whole page (instead of the 2" tear-off slip) with one side for filling out defendant's information and the other side ...
by EphOph
Fri Nov 01, 2013 10:24 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 40 over on the 401 near chatham kent
Replies: 6
Views: 3072

Re: 40 over on the 401 near chatham kent

My plan was to motion for a stay due to a lack of disclosure, though I've heard that when you do that they usually just give it to you on the spot and then adjourn.

The reason I refer to it as a "trump card" is that I did not tell the prosecutor - I was waiting to tell the JP. As far as the prosecutor was concerned, I was prepared for trial and ...
by EphOph
Fri Nov 01, 2013 9:44 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: First Ticket: 32km over. Help.
Replies: 5
Views: 3176

Re: First Ticket: 32km over. Help.

Fine amount is based on speed you are charged with ( here ).

$6.00 per km over = set fine of $192.

Victim surcharge (based on fine amount, here ) of $35 plus $5 court cost ( here ) gives a total fine of $232.

The $192 quoted above was likely the set fine amount before the extra taxes were added on. If your total payable for 32 over is $227, it ...
by EphOph
Thu Oct 17, 2013 4:02 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 40 over on the 401 near chatham kent
Replies: 6
Views: 3072

Re: 40 over on the 401 near chatham kent

I had one in Chatham-Kent a few years ago. It never got to trial but this is how it went:

- Mid November, 2010 - ladar operator sitting under the overpass, pursuit vehicle came off the ramp to give me ticket for 36 over.
- Requested trial, received court date in January 2011 for April.
- Requested disclosure twice over the next two months, never ...
by EphOph
Wed May 22, 2013 8:42 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding - Sarnia
Replies: 4
Views: 1851

Re: Speeding - Sarnia

Just an update on this. The prosecutor offered 15 right away, so I tried to negotiate him down but he wouldn't budge. As this was only four months after the "offense" and the tax officer was present, I figured an adjournment wouldn't add very much time so I took the deal.

A couple notes about the Sarnia provincial court:
1. In the notice of trial ...
by EphOph
Fri May 03, 2013 10:54 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding - Sarnia
Replies: 4
Views: 1851

Re: Speeding - Sarnia

I did a bit of digging on the forum and found answers to both my questions:
Here for representation and here for charge amendment.

We've printed a letter that states that she has authorized me to represent her and will also get a signed letter from her boss stating why she cannot attend that day. I will post an update after the court visit.
by EphOph
Wed May 01, 2013 1:24 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Speeding - Sarnia
Replies: 4
Views: 1851

Speeding - Sarnia

Hello folks, just wondering if I can get some advice on this one:

In January, my mother got a speeding ticket in Sarnia for 20 over (reduced from 40). She sent in the ticket with option 3 selected and finally received a court date on 18 April for 16 May (less than a month). We faxed in the first disclosure request the same day, and another one ...
by EphOph
Wed Mar 14, 2012 12:33 am
Forum: General Talk
Topic: Two tickets, same time - how many convictions?
Replies: 3
Views: 2791

Re: Two tickets, same time - how many convictions?

Your TD Meloche Monnex insurance will likely increase. I recently signed up with them and I had a minor speeding conviction from 3 years earlier (it was about 2-3 weeks before it wouldn't affect the premium). My rate was about $100/year higher than it would have been without the single conviction (or so they told me).

It will be very difficult to ...