Search found 1065 matches

by Simon Borys
Fri Aug 05, 2011 5:49 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hill)
Replies: 60
Views: 32294

Re: 153 In A 100 Zone (Highway 404 Southbound In Richmond Hi

Well done on preparing and arguing the 11(b). Id just make a couple of points:

1) The stunt driving legislation and the seizure powers are not actually unconstitutional, as you suggested.
2) It should only be the record of the suspension that is on your record, not the record of the charges, since you were never convicted. The suspension itself ...
by Simon Borys
Fri Aug 05, 2011 5:34 pm
Forum: General Talk
Topic: 15 and under tickets
Replies: 2
Views: 1711

Re: 15 and under tickets

It's entirely possible, though no one but your insurance company can say for sure what the effect will be. Usually 1 or 2 minor speeding tickets don't have an effect, but you've got more than that, so they may.
by Simon Borys
Thu Aug 04, 2011 7:40 pm
Forum: Summon
Topic: I have a few questions.
Replies: 14
Views: 4461

Re: I have a few questions.

Normally you don't file an 11(b) on the spot. You serve your materials on the crown and the AG in advance, then argue it in court.
by Simon Borys
Thu Aug 04, 2011 7:37 pm
Forum: General Talk
Topic: Need some advice on Court proceedings -very confused
Replies: 10
Views: 2426

Re: Need some advice on Court proceedings -very confused

You are responsible for your own lawyer's costs unless you win a costs award against the crown.
by Simon Borys
Thu Aug 04, 2011 7:36 pm
Forum: General Talk
Topic: summons as witness
Replies: 2
Views: 2269

Re: summons as witness

No, they don't have to.
by Simon Borys
Tue Aug 02, 2011 9:43 pm
Forum: Improper left turn
Topic: GPS said to take a Left?
Replies: 15
Views: 5751

Re: Not received disclosure, my options?

9 weeks is probably sufficient time in a provincial offences case. I would request again by phone and by an additional letter or fax because it shows due diligence on your part. If you don't get disclosure by the court date, what you suggested should suffice, just be ready to explain what "additional attempts" you made after the 1st one.
by Simon Borys
Tue Aug 02, 2011 3:57 pm
Forum: General Talk
Topic: Police orders to drive vehicle to another location. Legal?
Replies: 13
Views: 4597

Re: Police orders to drive vehicle to another location. Lega

R v Ladouceur (1990) Supreme Court decided that random stops are a violation of s. 9 but are a limit prescribed by law (what is now s. 216(1) of the HTA in Ontario) and are justified under s. 1.

Selective stops of vehicles that are committing offences are even more easily justified because there is a specific reason to stop them.

Selective stops ...
by Simon Borys
Tue Aug 02, 2011 2:47 pm
Forum: General Talk
Topic: Need some advice on Court proceedings -very confused
Replies: 10
Views: 2426

Re: Need some advice on Court proceedings -very confused

There's going to be a wide disparity in fees charged amongst lawyers based on their location and experience. Financially you would of course be better off to do the appeal yourself, but then you run the risk of losing, so you have to weigh that against the costs of hiring a lawyer.

You will know what the grounds for the appeal are when you get ...
by Simon Borys
Tue Aug 02, 2011 2:43 pm
Forum: General Talk
Topic: Police orders to drive vehicle to another location. Legal?
Replies: 13
Views: 4597

Re: Police orders to drive vehicle to another location. Lega

It may well be considered a s. 9 violation, as the Charter is probably engaged at the time they are detained, but if so, it would be justified under s. 1 of the Charter.
by Simon Borys
Tue Aug 02, 2011 2:41 pm
Forum: Failing to remain at the scene of a collision
Topic: some questions - please help me out :(
Replies: 5
Views: 3439

Re: some questions - please help me out :(

@Stanton - I see what you're saying, if he's suspended already in Ontario he may be suspended when he gets a new licence in another province. It may well work that way, I don't know. But I think if it did, it would only be the case if he was suspended for unpaid fines BEFORE he went to get a licence in another jurisdiction. I don't think they have ...
by Simon Borys
Tue Aug 02, 2011 2:38 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 156 reduced to 149... dont know what i should do.
Replies: 7
Views: 2492

Re: 156 reduced to 149... dont know what i should do.

Only if you feel your guilty. It would be unethical to advise you to plead guilty if you didn't. And even if you do feel you're guilty, you're still entitled to force the crown to prove their case, since the presumption is of innocence. It's really a personal choice.
by Simon Borys
Tue Aug 02, 2011 10:20 am
Forum: Summon
Topic: I have a few questions.
Replies: 14
Views: 4461

Re: I have a few questions.

I've never heard of the trial being the same day as the first appearance. First appearance is usually just for you to get your disclosure and enter an early plea if that is your intention.

If you do hire a representative, they can sometimes ask for adjournment(s) in order to give you time to fully retain them (i.e. save up the money) as long as ...
by Simon Borys
Tue Aug 02, 2011 10:17 am
Forum: Failing to remain at the scene of a collision
Topic: some questions - please help me out :(
Replies: 5
Views: 3439

Re: some questions - please help me out :(

Be aware that if you fail to pay the fine in Ontario, you would definitely be suspended Canada wide, regardless if the conviction shows.

If he's suspended for unpaid fines, that only applies to his Ontario driver's licence. That means he can't drive in Ontario on his Ontario licence, nor can he drive in Ontario under the jurisdiction of another ...