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In this case you should get the officer's notes and a copy of the witness statement. If you do not have disclosure on the day of trial, bring it to the JP's attention. You could ask for the charge to be dismissed, although this technically is not the proper procedure to follow. The JP may be sympathetic and stay the charge, but more than likely he ...

You have every right to refuse to hire them again. If I had a driver like that, I'd probably do the same, especially since they got all defensive about it.

Separate Note: My wife was recently driving down a busy street in Toronto, in the right lane, when a cab driver turned right from a side street without slowing at all. She had to swerve violently to avoid a crash. To illustrate how close it was, the guy who was behind her stood on his brakes and screeched his tires. She honked at the cab driver ...

If you are concerned about the cabbie's driving, the best thing to do is complain to his company (which you did). If they do not appropriately deal with the situation, then go to the BBB (which you did). The other alternative is to report it to the police. You have witnesses and can also identify the driver. He was (allegedly) repeatedly breaking ...

I would also think that deliberately not showing up for court when you are an acquaintance with the accused could result in charges of Obstruction Of Justice (CCC s. 139).

Make sure you get affidavits of service for each party that you served via fax.

What will probably happen is the JP will order the Crown to produce the disclosure materials and adjourn to another day.

You can call your paralegal and ask them if the trial has been scheduled. Chances are, it has not. I'm currently in the process of contesting a ticket at the same courthouse and it took over eight months just to get the Notice of Trial. If you are in doubt, you can call Court Services yourself and they'll tell you.

Does anyone know what happens to me if I just don't show up, or does anyone have any suggestions on how to get out of this?


If you don't show up, a warrant could be issued for your arrest. You could go to jail.

As for "getting out of it," I really don't think that is an option. You could talk to a lawyer about it, but I strongly suggest you ...

Wait until at least 6 months after the date of the offence before you talk to the Prosecutor. Otherwise, the Prosecutor can withdraw the original charge, and have the officer show up and issue a summons for you to appear. What I'd do is this: Get the trial date, get disclosure, THEN warn the Prosecutor you plan on following the "London v. Young ...

Creative? If you're asking for ones that resulted in either the court or the officer ROFL, then I've heard of plenty. As far as ones that were accepted as "defence of necessity," I can't think of any. Some "creative" ones that have been tried and failed include:

- "I was going to run out of gas" (driving faster actually burns gas at a higher rate ...

The only one I heard that successfully worked was where a cardiac surgeon was speeding to a call at St. Michael's Hospital in Toronto. He got stopped for going 75 in a 40 zone, pleaded with the officer to be released and ticketed later, however the officer refused and ticketed him at the roadside. Anyway, when it went to court, the Prosecutor ...

Of course the officer would not likely write "lost sight of vehicle." What you want to see is if "stopped without sight lost" is missing.

[youtube]http://www.youtube.com/watch?v=3GfS3M3UZr0[/youtube]

The courts do not consider "weather conditions" to be a valid reason for failing to stop. If you were to testify that the roads were slippery and that was why you were unable to stop, it would be a "gimme" for the Prosecutor. Some valid reasons for failing to stop include:

- Brakes failed unexpectedly (mechanical problem, would need a mechanic's ...

Not really. If you took your ticket to the courthouse that was listed on the back of the ticket, and that same courthouse is where this notice came from, that's the end of it. If the police do not file the ticket within 7 days, the courts will not accept it. It is possible that the officer was delayed in filing the ticket, but really, there could ...

Once you get your trial date, file for disclosure of the evidence against you. In this case, you want the officer's notes. You want to see if the officer lost sight of your vehicle. If the officer did, you might be able to make a case that they stopped the wrong vehicle. However, if the officer's notes look pretty solid, you might want to think ...

Well looks like you played this one perfectly. Not only did you save demerit points, it also saved you a licence suspension. 4 demerit points, as you know, would've netted you a licence suspension as you are a G2 driver. In addition, I think you'll probably get an insurance increase. HOWEVER, don't be disappointed with that. You were looking at a ...

Would the JP have dismissed my 11B request for stay if I hadn't done this?


Probably. If the adjournment was due to the fault of the Crown (e.g. no disclosure), the JP presiding would have needed evidence (the transcript) that it was the Crown's fault in order to rule in your favour. I'd get it, even if it costs more. The more paperwork you can ...

Yep, that courthouse covers all of Scarborough and parts of East York. HUGE backlog. Lots of cases dropped/stayed due to 11B (unreasonable delay) filings.

Agree with da Bear. The diagram does not have to be exact. In this case, it is close enough. I would also recommend photographing the scene of the collision and indicate where your lane change, then his lane change and the subsequent collision, took place. If the situation happened as you described it, he is 100% at fault by the Fault Determination ...

The correct set fine is $260 with a total payable of $325. The Ontario Court of Appeal has ruled that this is a fatal error (London v Young). However, you must go through a rather obscure process to get it quashed. This is done by not showing up on the day of trial. The Justice of the Peace must examine the ticket and quash it if there are no fatal ...

10 months and 2 weeks is not sufficient time for an 11B in my opinion. 11 months is the minimum "goal line."

Suspension's already over so you can't get it "dismissed." I have no idea what part of the HTA, CAIA or what was used. It is definitely weird. But perhaps you could mention it when going to court. Might've been a 3-day suspension that the officer mistakenly "reduced" to 24 hours. As for the careless driving charge, I'd suggest hiring a paralegal ...

It means you are off the hook.

I wouldn't say there's "no way." All depends on what you plea-bargain to. A municipal by-law infraction for disobeying a sign would not carry demerit points.

Well, I don't see how you're considered "at fault." He probably could've been charged with Lane Change - Not in Safety contrary to section 142 (1) of the Highway Traffic Act.

Click here for Fault Determination Rules

Look at section 10 (4). Does this describe your situation?

I'm guessing that there was less than $1000 damage, correct?

What you got was a summons to appear in court for failing to stop for a school bus. I wouldn't chance not appearing, even with what the officer said. You should probably consider hiring legal representation if you cannot go yourself.

Given the circumstances, it's going to be difficult to fight this ticket if the officer shows up for court. The officer could have charged you with careless driving. It sounds like he gave you a bit of a break. Unless there's some sort of technicality that comes up, you could try to plea bargain to a lesser offence, but "fail to drive in marked ...

Well... if you have no prior convictions, you should be able to plea-bargain it down to a lesser charge. They might offer you a municipal by-law infraction, or some Highway Traffic Act infraction that is less expensive and has 2 demerit points or less. diehard told you how to start: option 3. Take your ticket to the courthouse listed on the back ...

Enough to get it quashed... probably not. It does specify a valid location. You could argue that you've been misled by the ticket and it is not specific enough, but I'm not really sure that will work.