Ontario Highway Traffic Act

Thank you for the interesting article. Its quite easy to sue the police. They are not immune. Take the matter to civil court. Make sure you have everything documented in a Statement of Claim. My family has experienced the over zealous cops. The most irritating ones are the ones who seem to enjoy dishing out misery. I wouldn't like to take a guess ...

You can use cases from CanLii if you are going to refer to them in court. You can bring just the portion that you want to refer to, but if you don't have the whole case the prosecutor may object and the JP may chose not to give effect to the point you're trying to make with the case. The reason being, when you take it out of context by only ...

Those are some significant potential fines you're looking at. I would think it would be a good idea to consult a lawyer or paralegal about it.

The officer told my son (and i was there) that although he doesn't want to charge him, Ministry rules say that he must charge someone for it and he believes my son should get the ticket.

Read this: http://www.simonborys.ca/2011/02/does-a-police-officer-ever-have-to-give-you-a-ticket/

Also is probably not the case that the delay is due to the ...

You may want to read the following sections to get started:

Section 168 says:

168. When on a highway at any time when lighted lamps are required to be displayed on vehicles , the driver of a motor vehicle equipped with multiple beam headlamps shall use the lower or passing beam when,

(b) following another vehicle within 60 metres, except when in ...

I can't guess at how long it would take. It depends on the jurisdiction and on your case in particular and how long you drag it on. If you want a trail it's going to be further in the future than if you want to plea. That's why I have no idea how long it will take for you.

You may be, that is completely within the discretion of the crown.

s. 52 of the HTA says that you are deemed to be notified that your licence is suspended 10 days after they mail you notice, UNLESS you can show that, through no fault of your own, you weren't notified. If you can prove you were out of the country, you MAY fall under this exception. I'm not saying you do, I'm just suggesting it is something you ...

If the office produces another note at the trial to say that he did test the unit before and after he clocked me, is that admissible to the court, since he never provides me with that part of his note as the disclosure before the trial?

Notes are not evidence at a trial, the officer's oral testimony is. Your question should be, "Will the officer ...

I agree that courts are more lenient towards unrepresented people bringing 11(b) applications, but you have to realize that they are not simple applications to argue. The reason being that the math is not simple. It's not just a question of how much time has passed, or even how much time has passed that is attributable to the defence. There's more ...

There is a process by which you can have the suspension lifted while you are in the process of paying off your fines. At least there is for suspensions due to unpaid fines. I'm not sure if it applies to FRO back payments.

Courts are usually not obligated to mail you your disclosure. They are simply obligated to "provide" it to you, which usually just means making it available (to be picked up). If you refrain from doing so, the justice of the peace may feel that you're not being sincere in your efforts to obtain and review disclosure and may not grant you an ...

You're probably not having any luck finding a case because that doesn't usually happen. I've never seen an officer refused to be allowed to refer to his notes. If you have issues with the notes you can certainly ask him questions about them during cross examination and you can make submissions to the justice of the peace at the end of your case ...

The section you've cited just says that the Lieutenant Governor in Council (not the MTO) can pass regulations into law respecting any of these things, but unless you can point to a specific regulation where they did just that, this section is not going to help you. This section is NOT about discretionary power vested in the MTO respecting these ...

An appeal is not a retrial - you do not get to call evidence again or re-argue the case. An appeal is to argue about how the trial malfunctioned - either because it wasn't fair or because the judge misapprehended the evidence or misapplied the law to the evidence. As Stanton said, I'm not sure what, from your post, you feel your grounds of appeal ...