Search found 1065 matches

by Simon Borys
Thu Nov 10, 2011 9:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: No Disclosure & I find out a reduced speeding penalty on day
Replies: 8
Views: 2414

Re: No Disclosure & I find out a reduced speeding penalty on

You can ask for both but you are not guaranteed to get either.
by Simon Borys
Wed Nov 09, 2011 10:18 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49 Over on the 400 + some extra goodies...
Replies: 17
Views: 6721

Re: 49 Over on the 400 + some extra goodies...

after you talk to people and have the disclosure from the cop who pulled you over you can make the decision to hire legal aid better.

Just to clarify, you can't hire legal aid. You can hire a lawyer or a paralegal. You can apply for legal aid and, if successful, they will give you a certificate which you can use to hire a lawyer and then legal ...
by Simon Borys
Wed Nov 09, 2011 10:15 pm
Forum: General Talk
Topic: Clarification
Replies: 2
Views: 1393

Re: Clarification

You'd have to read your policy and see if it excludes coverage for accidents arising out of pre existing medical conditions or anything like that. I think what you should be more concerned about it how this would affect a finding of civil negligence if you were to get into a crash because you missed another dose and got sued.
by Simon Borys
Wed Nov 09, 2011 4:28 pm
Forum: Driving While Suspended
Topic: Received suspension because notice sent to old address.
Replies: 10
Views: 5256

Re: Received suspension because notice sent to old address.

Whether you have a proactive obligation to report you suspension or charges (even if they were withdrawn or never filed) will likely be determined by your policy. Obviously if they ask you, you must be honest about it.
by Simon Borys
Wed Nov 09, 2011 8:10 am
Forum: Driving While Suspended
Topic: Received suspension because notice sent to old address.
Replies: 10
Views: 5256

Re: Received suspension because notice sent to old address.

The suspension will stay on your record.
by Simon Borys
Tue Nov 08, 2011 3:12 pm
Forum: General Talk
Topic: possesing more than one licence ticket info? and valid?
Replies: 3
Views: 1725

Re: possesing more than one licence ticket info? and valid?

If the officer did conduct a search then there may be an arguable issue here about reasonable expectation of privacy and a breach of s. 8 of the Charter. If a breach is established you can apply under s. 24(2) of the Charter to have the evidence excluded, which would essentially mean no evidence, therefore no conviction.

If you were going to go ...
by Simon Borys
Tue Nov 08, 2011 2:20 pm
Forum: Compulsory Automobile Insurance Act
Topic: fail to surrender insurance card
Replies: 4
Views: 3414

Re: fail to surrender insurance card

Fail to surrender insurance card should be $65, not $70.
by Simon Borys
Tue Nov 08, 2011 2:18 pm
Forum: General Talk
Topic: Quick question, is this ok.....
Replies: 9
Views: 2910

Re: Quick question, is this ok.....

If you have a legitimate concern about inadequate disclosure (due to being illegibile or any other reason) then you would be well advised to continue to make good faith attempts to rectify the issue before you bring it up in court. In my experience, JPs don't like people using the fact that they didn't get everything they asked for the first time ...
by Simon Borys
Tue Nov 08, 2011 2:14 pm
Forum: Summon
Topic: Need to know whether to hire a lawer or not
Replies: 3
Views: 2741

Re: Need to know whether to hire a lawer or not

You should also look for someone who has an understanding of commercial vehicle regulations and especially the affect that tickets have on your carrier safety rating. The consequences to your CVOR status can be severe, including suspension or revocation, if you accumulate too many CVOR points.
by Simon Borys
Tue Nov 08, 2011 2:12 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: No Disclosure & I find out a reduced speeding penalty on day
Replies: 8
Views: 2414

Re: No Disclosure & I find out a reduced speeding penalty on

Per the Supreme Court in R v Stinchcombe, you are entitled to anything is not "clearly irrelevant". What that means in any particular case is open to some dispute, which is why people have these arguments with prosecutors. They will say that you've been given the notes and that is sufficient. They will say they are under no standard obligation to ...
by Simon Borys
Tue Nov 08, 2011 2:07 pm
Forum: Careless Driving
Topic: Careless Driving ( HELP!!!!)
Replies: 2
Views: 1981

Re: Careless Driving ( HELP!!!!)

Presumably the other driver reported it to the police (the collisions reporting centre IS part of the police service) and the officer used the statement to form the grounds to believe that you had committed an offence, hence the ticket. The date on the summons is just your first appearance date. Not much usually happens on first appearance except ...
by Simon Borys
Tue Nov 01, 2011 10:21 pm
Forum: Stunt Driving
Topic: STUNT DRIVING- PARALEGAL OR LAWYER?
Replies: 2
Views: 5571

Re: STUNT DRIVING- PARALEGAL OR LAWYER?

I agree, it really depends on the individual. Try to find somebody who comes with a recommendation.
by Simon Borys
Tue Nov 01, 2011 10:20 pm
Forum: Failing to obey signs
Topic: Going to Trial Next Month
Replies: 20
Views: 5689

Re: Going to Trial Next Month

Sorry, one more question.

In my case, there were two cops, one who stopped me, took the documents and handed me the tickets. The other one writing tickets on the computer. Is it correct from the legal point or it has to be one cop doing all these actions himself?

Thanks.

No, that's not correct. There's no obligation for one officer to do it ...
by Simon Borys
Sat Oct 29, 2011 1:21 pm
Forum: General Talk
Topic: License plate sticker...
Replies: 7
Views: 13092

Re: License plate sticker...

See Ladoceur (1990) Supreme Court.
by Simon Borys
Thu Oct 27, 2011 8:48 pm
Forum: General Talk
Topic: Fail to surrender insurance card
Replies: 3
Views: 2322

Re: Fail to surrender insurance card

How would they find out that you didn't have insurance?