Search found 2111 matches

by Stanton
Sun Dec 04, 2011 8:30 pm
Forum: General Talk
Topic: stay for late and incomplete disclosure
Replies: 4
Views: 2186

Re: stay for late and incomplete disclosure

Certainly if there is a key disclosure item missing, you could request a stay. Just be aware some people request everything but the kitchen sink in an attempt to overwhelm the Crown. Most JP's will expect you to be able to justify your request, so if the missing items are unreasonable the stay will be denied. What are you still waiting for?

As for ...
by Stanton
Sun Dec 04, 2011 8:24 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Exceeding the speed limit by 16 to 29 km/h
Replies: 2
Views: 2428

Re: Exceeding the speed limit by 16 to 29 km/h

26 over carries 3 demerit points. Your insurance provider would probably consider it a minor offence, which may have a minimal impact on your rates. Contact your provider as each policy is different.

Hard to say if it's worth fighting the ticket without knowing how strong the case is and how much it would impact you. Speeding tickets can be ...
by Stanton
Fri Dec 02, 2011 6:37 pm
Forum: Failing to yield the right-of-way
Topic: got a ticket
Replies: 2
Views: 2535

Re: got a ticket

Its very unlikely the police would notify her parents unless they wanted to confirm your friend had permission to drive the car or they needed to confirm ownership/insurance information.

That being said, the conviction will go on your friends driving record. If her parents are paying for her car insurance, they should be notified since it can ...
by Stanton
Fri Dec 02, 2011 3:54 pm
Forum: Courts and Procedure
Topic: My experience with a s.135 POA appeal
Replies: 11
Views: 7395

Re: My experience with a s.135 POA appeal

Probably the safest way. If you go to trial, the Crown can try and amend the certificate to get rid of the errors.
by Stanton
Fri Dec 02, 2011 8:20 am
Forum: Parking Tickets
Topic: Parking ticket from "Developer maintained - Unassumed road"
Replies: 13
Views: 10339

Re: Parking ticket from "Developer maintained - Unassumed ro

The developer maintained signs are pretty common in new subdivisions until all homes are completed and the City takes over, even though people are living there well before the last home is finished.

I don't believe the fact it's an unassumed road will have any bearing in Court. It's still part of the City and you likely still obtain City services ...
by Stanton
Thu Dec 01, 2011 11:23 pm
Forum: Compulsory Automobile Insurance Act
Topic: HELP: Accident without Insurance
Replies: 6
Views: 5197

Re: HELP: Accident without Insurance

Getting the vehicle out of impound would typically simply require paying the towing and storage fee. If its not insured, you wouldnt be able to drive it, so you would have to pay to have it towed to your residence.

Not involving the car owner isnt possible since its his vehicle. The only way he wouldnt be liable for you operating it without ...
by Stanton
Thu Dec 01, 2011 10:10 pm
Forum: Compulsory Automobile Insurance Act
Topic: HELP: Accident without Insurance
Replies: 6
Views: 5197

Re: HELP: Accident without Insurance

A statement from the previous owner stating when the vehicle was sold and to whom is sufficient to show ownership, the vehicle does not actually need to be registered to the owner.
by Stanton
Thu Dec 01, 2011 12:11 am
Forum: Compulsory Automobile Insurance Act
Topic: HELP: Accident without Insurance
Replies: 6
Views: 5197

Re: HELP: Accident without Insurance

I dont know if its good news or not, but its the owner, not the driver who gets charged for a vehicle being operated without insurance. If its your friend/roommate whos the owner (even if its not registered on paper) hell be facing the charge which carries a $5,000 fine. Both you and him can also be charged for using plates which dont belong on the ...
by Stanton
Wed Nov 30, 2011 11:54 pm
Forum: General Talk
Topic: One cop on ground pulls over 2 cars caught by aerial
Replies: 4
Views: 1660

Re: One cop on ground pulls over 2 cars caught by aerial

I'd request disclosure to see what the officer's observations were. I'd disagree with the notion it was a 2 for 1 deal. The officer on the plane could have easily calculated the speed of both you and the other vehicle well before you were actually pulled over.

And I've never heard of a camera being installed on the plane. It's no different then ...
by Stanton
Wed Nov 30, 2011 11:44 pm
Forum: Failing to yield the right-of-way
Topic: Pedestrian Crossing Violation
Replies: 4
Views: 4388

Re: Pedestrian Crossing Violation

Under HTA definitions, the sidewalk would be considered part of the highway, not the roadway. While you certainly can be charged under the HTA for your accident, I don't think you were charged under the correct section. If that's the case, the Crown may withdraw the charge. Hopefully someone else can confirm.
by Stanton
Wed Nov 30, 2011 11:26 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: DECEMBER 1 COURT DATE - HELP
Replies: 4
Views: 1897

Re: DECEMBER 1 COURT DATE - HELP

You can certainly go to Court and present your version of events and see if it raises enough reasonable doubt. A witness in your car could certainly confirm your version of events, though they'd have a hard time testifying to what your actual speed was.

Just be aware, when you acknowledge you're speeding, Courts tend to accept the officer's speed ...
by Stanton
Wed Nov 30, 2011 10:26 am
Forum: Improper right turn
Topic: Improper right turn, 141(2) REAL GOOD ONE
Replies: 24
Views: 14311

Re: Improper right turn, 141(2) REAL GOOD ONE

Id suggest getting written statements from your witnesses now, while the incident is fresh in their minds. For Court, youd want to show that your driving was safe, cautious, prudent and appropriate for the weather. I dont believe its an absolute liability offence, so if you can demonstrate the above Id think theres a reasonable prospect of being ...
by Stanton
Tue Nov 29, 2011 10:12 am
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: fail to stop at a red light
Replies: 4
Views: 2295

Re: fail to stop at a red light

All the options are explained on the back of the ticket. You'd most likely want to select option 3 and proceed to trial. Your husband will have to present his version of what happened and then it will be up to the Justice of the Peace to determine if they find him credible.
by Stanton
Tue Nov 29, 2011 10:10 am
Forum: General Talk
Topic: Rear end collision
Replies: 3
Views: 3316

Re: Rear end collision

I don't think there would be anything wrong with asking for additional estimates. Prices will vary from shop to shop.
by Stanton
Tue Nov 29, 2011 10:05 am
Forum: General Talk
Topic: Car repair legal question!!
Replies: 2
Views: 1468

Re: Car repair legal question!!

Your dilemma has nothing to do with the Highway Traffic Act. Repair shops can put liens on vehicles for which money is owing as per the Repair and Storage Liens Act. Any argument over whether the work was authorized or not would be a civil matter to deal with through the Courts.