Search found 1065 matches

by Simon Borys
Tue Feb 08, 2011 10:44 pm
Forum: General Talk
Topic: How long is too long for a charge to get a hearing.
Replies: 2
Views: 2221

Re: How long is too long for a charge to get a hearing.

In addition to the delay, at least 10+ months of which has to be attributable to the crown or institutional delay, you have to be able to show how the delay prejudiced you as well.
by Simon Borys
Tue Feb 08, 2011 10:39 pm
Forum: General Talk
Topic: What could happen if someone copies your plate # down.....
Replies: 8
Views: 28855

Re: What could happen if someone copies your plate # down...

if I call 911 reporting that I am following a vehicle that keeps weaving slowly in and out of it's lane , and has come close to side swiping a couple cars, would dispatch stay on the phone with me until a patrol vehicle catches up to the car?

Yes, that's likely what would happen. They would also tell you not to do anything unsafe (including ...
by Simon Borys
Tue Feb 08, 2011 6:26 pm
Forum: Compulsory Automobile Insurance Act
Topic: Driving without Insurance & Driving while Under Suspension
Replies: 5
Views: 6582

Re: Driving without Insurance & Driving while Under Suspensi

There is no "best way" to do anything in law. It always depends on the facts of your particular case. As was said above, you are facing some serious charges and a paralegal or lawyer would likely be able to assist you in figuring out how the law applies to your facts and what your best options are.

Sorry to give such a general answer, but you've ...
by Simon Borys
Mon Feb 07, 2011 4:27 pm
Forum: Failing to obey signs
Topic: Mayfield Rd, Caledon Disobey sign
Replies: 16
Views: 4623

Re: Sect 182 (2) Disobey sign

It's 2 CVOR points as well.
by Simon Borys
Sun Feb 06, 2011 9:56 pm
Forum: Police Cruisers and Vehicles
Topic: "Military Police" markings - allowed?
Replies: 5
Views: 3750

Re: "Military Police" markings - allowed?

Stanton wrote:HTA, section 62, which covers the use of flashing red lights.
In addition to flashing red lights, red lights to the front (even if not flashing) are prohibited by s. 62(15)
by Simon Borys
Sun Feb 06, 2011 8:35 pm
Forum: General Talk
Topic: What could happen if someone copies your plate # down.....
Replies: 8
Views: 28855

Re: What could happen if someone copies your plate # down...

Stanton wrote:The ticket wouldn't be sent by mail, unless it's from some type of automated red light camera fine.
I agree with everything you said but would just clarify that school bus charges can and often are sent to the owner by mail per Reg 468/05.
http://www.canlii.org/en/on/laws/regu/o ... 68-05.html
by Simon Borys
Sun Feb 06, 2011 4:47 pm
Forum: General Talk
Topic: What could happen if someone copies your plate # down.....
Replies: 8
Views: 28855

Re: What could happen if someone copies your plate # down...

In reality, probably nothing will happen. The person who deals with the call will likely run the plate and the owner to see who they are and at most they will call or stop by and say, "we received a complaint about whatever."

The only time they could lay a charge based on this kind of complaint is if the offence was in relation to failing to stop ...
by Simon Borys
Fri Feb 04, 2011 9:39 pm
Forum: Courts and Procedure
Topic: Disclosure Request Question.
Replies: 5
Views: 3439

Re: Disclosure Request Question.

I don't know what their procedures are in Toronto with respect to making disclosure requests, but you have no right to demand disclosure be mailed once it's available. If they say it has to be picked up, that's the way it is.
by Simon Borys
Fri Feb 04, 2011 9:34 pm
Forum: Failing to remain at the scene of a collision
Topic: FAIL TO REMAIN
Replies: 9
Views: 10377

Re: FAIL TO REMAIN

All issues regarding the duty to report as well as whether the defendant was could have/should have/or was going to report are irrelevant to this situation as the charge is fail to REMAIN, not fail to REPORT. Those are 2 completely different charges and the defendant here only has to defend himself against the former. Further, the charge can not be ...
by Simon Borys
Thu Feb 03, 2011 10:17 pm
Forum: Courts and Procedure
Topic: Disclosure Request Question.
Replies: 5
Views: 3439

Re: Disclosure Request Question.

No that shouldn't matter. Also, don't bother talking to the clerk. Just make your disclosure request and deal with the rest of it in court.
by Simon Borys
Thu Feb 03, 2011 10:12 pm
Forum: Compulsory Automobile Insurance Act
Topic: Tickets for operating viechel without insurance
Replies: 5
Views: 2982

Re: Tickets for operating viechel without insurance

There is no basis in law for saying that insurance of another province is automatically no longer valid if you've been out of that province for more than a month. Your insurance company may have canceled the insurance for that reason or there may be something in the insurance policy about that, but the officer would have had to verify that with the ...
by Simon Borys
Thu Feb 03, 2011 10:05 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Help prepare for trial (Pics and Disclosure inside)
Replies: 4
Views: 2050

Re: Help prepare for trial (Pics and Disclosure inside)

Fully marked scout means fully marked scout car (i.e. police vehicle). This is of no consequence.

I think you're wasting time pursuing anything about the second officer. It's not uncommon for officers to go to the same location together to do selective enforcement. Each one is responsible for his own notes for the vehicles he stops. If you ask for ...
by Simon Borys
Wed Feb 02, 2011 7:18 pm
Forum: Improper left turn
Topic: Rear-Ended and a TICKET?!
Replies: 7
Views: 4014

Re: Rear-Ended and a TICKET?!

ottawa.newbie wrote:Also the Motor Accident Report claim me, the car that got hit DRIVER 2 and the other car who had hit mine DRIVER 1.
That's correct. The person who does the hitting is always Driver 1, the person who is hit is always driver 2. This has nothing to do with who is at fault, just which car struck which vehicle.