Re: Urgent - Illegal Stop & Arrest On Private Property Markus wrote:Ah! It seems I might have misunderstood. I assumed you had a valid sticker on both plates. Are you now saying that that not only was the wrong sticker on the licence plate but that the wrong sticker had also expired? Or that the sticker o…
Re: Urgent - Illegal Stop & Arrest On Private Property Stanton wrote:R v Tresham is an 18 year old case which resulted in amendments to the HTA. I'd suggest you have a look at R. v Hajivasilis which is more current and relevant. In Hajivasilis, the Court of Appeal clarified that certain sections of the HTA…
Re: Urgent - Illegal Stop & Arrest On Private Property jsherk wrote:+1 for R. v. Tresham - I have not dealt with a situation like this before, so will be interesting to follow. You may not even have to testify... in cross-examination if you ask the officer if he saw you arrive or saw you drive on the highway,…
Re: Urgent - Illegal Stop & Arrest On Private Property How is 12(1)(a) enforceable on private property if the entire Highway Traffic Act (as of 2013 outside of very serious accidents and charges under the criminal code) isn't enforceable on private property? Where is the case law supporting these "anywhe…
Re: Urgent - Illegal Stop & Arrest On Private Property I admit no guilt whatsoever as I did NOT operate the vehicle in question on the highway. The officer waited for over two hours for the opportunity to catch me doing so, but I did not do so. I feel that makes the G.P.S. records of his cruiser not only rele…
Re: Urgent - Illegal Stop & Arrest On Private Property I'm really surprised by the some of the responses so far.
I've read repeatedly that Highway Traffic Act is not applicable in Ontario on private property. It doesn't matter who owns the property, only that it is private property. There's a massive amount …
Urgent - Illegal Stop & Arrest On Private Property I've searched for hours looking for a similar situation to mine on a number of forums, and I couldn't come up with anything close. I know I need to file for disclosure tomorrow (my court date is October 7th), and plan to do so regardless of what else I en…
