Ontario Highway Traffic Act

Sona wrote:I reminded her of R v. Morin (8-10 month delay). She said that is being appealed right now.

Morin was a cased that was decided back in 1992 by the Supreme Court. It cannot be appealed because (a) it's 20 years old, and (b) there's nowhere to appeal from the Supreme Court.

Anybody can be a witness if they actually witnessed something. If you are correct that the person wasn't there, then they shouldn't be able to provide any 1st hand evidence as to what occurred there and 2nd hand evidence would generally be excluded as hearsay. But I suppose may be possible that they were there and you just weren't aware of it. An ...

I don't think POA cases are those "rare cases". Quite the opposite, in fact. I think the rare cases are the particularly serious criminal ones where the accused is self-represented and doesn't know any better. Because of the seriousness of the charge (and the potential sanctions), it seems incumbent on the prosecution to make them aware of the fact ...

Insurance companies use the Fault Determination Rules to determine who was at fault, not who was convicted of what.

I think the OP might be confusing this with the exception in the HTA that says that your old plates will cover your new car for a certain number of days (I can't remember how many) if they are the same type of vehicle and you don't own the old car anymore.

LLA offences do not appear on your drivers abstract, therefore they are not likely to prevent you from getting your licence. However, there are still methods that the government can use to collect - such as collection agencies.

In many jurisdictions they will amend it back up if you've forced the matter to a trial. Why wouldn't they?

In that situation a person could make a motion for non-suit or simply call no evidence and then make submissions on it, or both (assuming the motion was denied).

If that's what's on the record now it may be hard to dispute that later, but you could have made the argument that the initial delay (until April) was caused by the crown not providing disclosure in time and that you are only responsible for the delay between April and May.

I don't know if that's entirely accurate for your situation, because it ...

The A class is only required if the gross weight (i.e. actual weight) of the trailer with any load on it is over 4600 kg. The GVWR has no impact on that.

Likelihood depends on the prosecutor, but ask yourself why they would want to plea bargain with you when you've just made them fight an 11(b) motion?

Just remember that 11(b) calculations and arguments are not straight forward or simple. For example, you have to consider what period of time the JP will assign as intake or neutral time, which doesn't count for 11(b). Then you also have to be prepared to argue the prejudice incurred by the delay, which is a huge factor in a successful 11(b ...

Sorry, I have to refrain from giving specific legal advice about what you should or should do/say in court. My contributions to this board must remain limited to general information, knowledge sharing, and discussion.

Re: Potential hearsay arguments... Information obtained based on phone calls, can just end up in testimony as "He said...She said..." with no actual physical proof of what was really said. Having physical written proof of any exchange of information, would outweigh someone's personal recollection.

That's not quite right. Regardless of whether ...

Unauthorized plates authorities and charges apply anywhere - not just on a highway.