Search found 1065 matches

by Simon Borys
Thu Jun 14, 2012 4:03 pm
Forum: Courts and Procedure
Topic: Driving While Suspended (Unaware - non payment of fines)
Replies: 4
Views: 2570

Re: Driving While Suspended (Unaware - non payment of fines)

So I pay my fines, my reinstatement and Im good to go! Fantastic

Thanks so much.


No, I'm not saying you're good to go. There may be other problems than just a suspension due to unpaid fines. I'm just saying that when you get your suspensions cleared up (whether they are due to unpaid fines or other), then you still have to remember to attend ...
by Simon Borys
Thu Jun 14, 2012 4:00 pm
Forum: Prohibited turns
Topic: HTA 142(1) and CAIA 3(1)
Replies: 6
Views: 5761

Re: HTA 142(1) and CAIA 3(1)

darshan.4 wrote:For something like this a paralegal is requesting $1000. Is that normal?
That's high, in my opinion.
by Simon Borys
Tue Jun 12, 2012 4:37 pm
Forum: Courts and Procedure
Topic: Driving While Suspended (Unaware - non payment of fines)
Replies: 4
Views: 2570

Re: Driving While Suspended (Unaware - non payment of fines)

Just remember that after your fines are paid off you are not licenced again, you are just not suspended. You still have to pay the $150 reinstatement fee at the Driver's Licencing office.
by Simon Borys
Mon Jun 11, 2012 11:29 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Incorrect Speed Limit Posted
Replies: 4
Views: 2906

Re: Incorrect Speed Limit Posted

Re #1: you are correct, without signage it defaults to 50/80

Re #3: I don't know if there is any case law on officially induced error with respect to speed signage, there's just the generic case law which sets out the defence, which you would then argue applies to this situation. This is not a simple matter to argue and I would suggest you contact ...
by Simon Borys
Sat Jun 09, 2012 8:32 pm
Forum: Driving While Suspended
Topic: Speeding Ticket Near Timmins Ontario
Replies: 2
Views: 2011

Re: Speeding Ticket Near Timmins Ontario

If you don't show up there will not be a trial, which means there will be no opportunity to amend the certificate to the higher amount. If you don't show up there will be a conviction under s. 9.1 of the POA for what is on the ticket.
by Simon Borys
Sat Jun 09, 2012 8:30 pm
Forum: Courts and Procedure
Topic: Has the standard for 11(b) changed?
Replies: 3
Views: 2160

Re: Has the standard for 11(b) changed?

Lahiry doesn't change the time frames, it basically just says that not every day from the time you set a trial date is institutional delay. There is a certain period of time that is required for the defence to be ready to actually go after a trail date is set and that time is not institutional.

To clarify, if you set a trial date today and the 1st ...
by Simon Borys
Thu Jun 07, 2012 9:33 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Speeding over 42 km first ticket
Replies: 11
Views: 12288

Re: an update at court today

they WILL show up as its extra money in there pockets

Not necessarily. Most traffic court is booked on the officers day shifts, which means they're already being paid to be there, it's not extra money.

Also, even if it is overtime, they don't show up because of the money, they show up because they are obligated to do so - it being part of their ...
by Simon Borys
Thu Jun 07, 2012 9:28 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Incorrect Speed Limit Posted
Replies: 4
Views: 2906

Re: Incorrect Speed Limit Posted

#1 why do you think that a speed limit is not in effect unless there's a sign for it? That's just incorrect.

#2 I'm not sure how much traction you'd have with a 60 year old case from the UK. If the JP didn't agree with the reasoning, they'd just say they weren't bound by it, which they're not.

#3 If the actual posted signage was wrong at the time ...
by Simon Borys
Thu Jun 07, 2012 9:21 pm
Forum: General Talk
Topic: Breathalyzer Test
Replies: 6
Views: 3634

Re: Breathalyzer Test

Police are not "obligated" to give you the breathalyzer if you admit to consuming. Like everything else, that is discretionary.
by Simon Borys
Thu Jun 07, 2012 9:15 pm
Forum: Careless Driving
Topic: Crashed Car Into Hydro Pole
Replies: 12
Views: 3998

Re: Crashed Car Into Hydro Pole

syntst wrote:assumptions have no standings in court.
Actually, they do. Judges often have to assume things to be true when they make findings of fact. Judges are also entitled to draw reasonable inferences from those assumptions/facts.

Remember, the standard required is not one of absolute proof.
by Simon Borys
Fri May 18, 2012 10:05 am
Forum: General Talk
Topic: Trial supended by judge - what does it mean?
Replies: 5
Views: 2092

Re: Trial supended by judge - what does it mean?

That's what I think as well: there is a conviction, but it's suspended. I understand there is no fine, what I don't know though is if the demerit points got applied and most important if it goes on my record and so my insurance would go up.


If you received a suspended sentence (i.e. $0 fine) then there is a conviction, just no punishment. It is ...
by Simon Borys
Fri May 18, 2012 10:01 am
Forum: General Talk
Topic: What records do TPS and OPP have on you?
Replies: 2
Views: 1601

Re: What records do TPS and OPP have on you?

You could do a freedom of information request or even a vulnerable sector records check with Peel and see what comes up. Both will cost you.
by Simon Borys
Fri May 18, 2012 9:54 am
Forum: General Talk
Topic: Speeding ticket possible plea bargains
Replies: 2
Views: 2414

Re: Speeding ticket possible plea bargains

It would be unethical of a prosecutor to allow you to plead guilty to an offence that wasn't supported on the facts. When you hear about people pleading to different offences it is (or should be) because the offence they are now pleading to is ALSO supported on the facts that gave rise to the original charge. For example, running a red light and ...
by Simon Borys
Fri May 18, 2012 9:49 am
Forum: General Talk
Topic: Recovery / refund of legal costs and time lost
Replies: 3
Views: 1917

Re: Recovery / refund of legal costs and time lost

Recovery of costs is by way of a Costs Application to the court. Generally this would be submitted along with any other materials for your appeal and would be heard then, or adjourned to a later date to be heard separately if time didn't permit the appeal and the application to be heard at once.

In your case it sounds like the appeal is over. I'm ...