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Simon Borys
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Joined:
Fri Apr 30, 2010 10:20 am
Last active:
Fri Feb 10, 2017 11:46 am
Total posts:
1065 | Search user’s posts
(2.31% of all posts / 0.19 posts per day)

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NOTHING I SAY ON HERE IS LEGAL ADVICE.
  • Simon Borys’s recent activity
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  • Re: Commercial truck requirements
    Not all of the requirements you've cited apply right at the 4500 kg cut off though. For example, you don't need a name on the side of the vehicle unless you're registered for or actually weight 8182 kg or more. There are nuances to the CMV requirements …
    2 Replies
    9152 Views
    Last post Sat Jul 13, 2013 9:26 am View the latest post
  • Re: Missed Early Prosecution meeting
    daggx wrote:As a matter of law you cannot be convicted simply for missing an early resolution meeting. Sure you can. Provincial Offences Act s. 9. It means you're deemed not to dispute the charge. For failing to attend the meeting our ticket will like…
    9 Replies
    12787 Views
    Last post Sat Jun 22, 2013 7:59 am View the latest post
  • Re: 144(9) from "Keep Left" sign?
    In 2008 the Court of Appeal said that the presumption was of strict liability for HTA offences (Brampton v Kanda), however that is only the starting point. Many offences have been addressed in specific cases both before and after Kanda. You'd have to do…
    14 Replies
    4914 Views
    Last post Wed May 15, 2013 9:45 pm View the latest post
  • Constitutional challenge to s. 68.1(1) - speed limiters
    There is an ongoing challenge to s. 68.1(1) of the Highway Traffic Act, which mandates speed limiting devices for commercial motor vehicles. It will be heard soon by the Ontario Court of Justice, sitting as an appeal court from the decision of the justic…
    0 Replies
    2966 Views
    Last post Thu May 09, 2013 10:33 pm View the latest post
  • Re: DUI in Ontario, moved to Out of province
    That would make much more sense. I know x-copper is a reputable organization that's been around for a while. I would be surprised if they were acting outside of their scope of practice as paralegals.
    5 Replies
    8271 Views
    Last post Thu May 09, 2013 10:26 pm View the latest post
  • Re: DUI in Ontario, moved to Out of province
    I feel obligated to point out that paralegals aren't allowed to represent someone on an impaired or over 80 charge. You can read here on the Law Society of Upper Canada website that their practice is restricted to offences for which the maximum penalty i…
    5 Replies
    8271 Views
    Last post Thu May 09, 2013 8:27 pm View the latest post
  • Re: Middle car in sandwich rear-end. Careless??
    Not just CAN withdraw a charge, but MUST if there is no reasonable prospect of conviction - per the Crown Policy Manual. To pursue a conviction where there is no reasonable prospect of conviction (because the facts don't support it) would be unethical. …
    10 Replies
    4141 Views
    Last post Thu May 09, 2013 8:21 pm View the latest post
  • Re: [HELP] First Ticket- 130km/h on Highway 401- Confusion!!
    ImJayson wrote:Option 2 is Plea of Guilty- Submissions to Penalty. From what I understand, it means that the payable fine can be decreased from $220. However, would this mean that my demerit points/insurance would be still the same as if I chose option 1?…
    11 Replies
    9208 Views
    Last post Mon May 06, 2013 10:29 pm View the latest post
  • Re: DUI with G1
    Yes, absolutely! I certainly didn't mean to suggest he should actually just show up in court and say nothing and hope that the crown can't prove it. I was speaking more about the principle behind it. There are many good impaired driving lawyers who are…
    13 Replies
    8063 Views
    Last post Sat May 04, 2013 8:54 am View the latest post
  • Re: DUI with G1
    HPTO wrote:You've already admitted to consuming alcohol in this post so what are you going to say in court. Remember you're not supposed to lie. He doesn't have to say anything in court. He has no burden of proof. The crown has the burden of proving hi…
    13 Replies
    8063 Views
    Last post Fri May 03, 2013 8:17 pm View the latest post
  • Re: Motion to change court date from prosecutor
    Prejudice is an important part of an 11(b) motion. Prejudice can be inferred from the mere passage of time, but if you don't make your desire for the earliest possible trial date known, then it can be harder to establish prejudice. In a situation like t…
    1 Replies
    1957 Views
    Last post Fri May 03, 2013 7:49 pm View the latest post