Ontario Highway Traffic Act

Before we close this post, I would like to understand one thing, can anyone with 100% certainty tell me if the owner of a vehicle can be charged based on a citizen's report?

An owner can be charged for failing to stop for a school bus based on your report, yes. As I mentioned earlier, some police services want the school bus driver to be the one ...

Show up on your court date and check in with the Prosecutor. Usually, the Prosecutor will ask if you would like to "resolve" the charge ahead of time. At that point, the negotiation begins. Let the Prosecutor make the offer. You can counter-offer with one of the two I mentioned above.

Can't condone that either. Consider what would've happened if the driver had swerved to avoid the rake, or blown a tire and lost control at 100 km/h on a residential street when...

everyone was outside as it was one of the first nice days of the year.

The only thing worse than a driver who is going too fast for the conditions... is a driver who ...

If the officer doesn't show up, they usually do withdraw the charge. The disclosure looks pretty solid so my recommendation would be a plea-bargain. I don't think "defence of necessity" applies in this case, because they will simply say that you were either driving too fast for the conditions, or were braking too late, and the JP will convict ...

The issue I have is that, although I have personally reported the licence plate of driver who failed to stop for a school bus with the lights flashing, the police refused to do anything about it, despite my repeated follow-ups and making it clear that I would be at the court to testify.
Furthermore this driver failed to stop at the stop sign, so ...

They have an agreement with the feds to collect unpaid NB provincial fines. Anyone who files a Canadian income tax return who has outstanding fines in NB will get it deducted automatically. If you don't have a Canadian income tax return, my understanding is that NB will sic a collection agency in your country of residence on you.

They're much ...

What you did was perfectly legal and reasonable. The provision you're referring to is section 170 of the HTA. Take a look at it here:

http://www.ontariohighwaytrafficact.com/topic46.html

You'll note that provision doesn't apply within a municipality or built-up area. They can erect signs that say "No stopping" or "No parking," but if there's a ...

I would hope so, obviously no guarantees. However, HTA 7 (1)(a) refers to validated permit, which you had. He charged you under the wrong section. If he charged you under section 7 (5), then you'd have no recourse because a full true copy wasn't carried.

SO does this mean that I would receive a ticket in the mail, for 490$ or whatever the fine is, but NO demerit points, NO record on my licence and NO insurance penalties? Since they can only charge me as the owner and not the driver?

Correct.

Just to ask: Was the bus stopped when you passed it or was it still moving?

Yes the ticket can be paid ...

hwybear wrote:Is Don Mills Rd the same as Hwy 404?

Nope. Don Mills Road is a north-south arterial, owned by the city of Toronto. The Don Valley Parkway is what the 404 becomes south of the 401.

Pretty sure Don Mills isn't a King's Highway.

I'll add, you're welcome as well. You took a civil and mature approach, so you got a civil and mature response.

The idea that early resolution is a "it can't hurt" kind of situation, came from ticket defenders telling me directly they would meet with a prosecutor to work out a deal, and that the prosecutor would have to give the opportunity to accept the original charge before the charges can be increased.


This is correct (for the most part), and works ...

What will happen is, if you get convicted, they will not change it to "stunt driving" once it shows on your Ontario abstract. It will be speeding only.

Let us know what happens.

The cop reduced your speed from stunt driving level (52 over the limit) to 15 over?!?!?!!!!!

You may want to re-consider whether you want to fight/plead here. First of all, should you go to court, the Prosecutor can (and almost certainly will) amend the speed back up to the original 52 over the limit. The R. v. Winlow ruling allows for this, and ...