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No, there is no requirement for advanced notification of a change in the speed limit. Speed limit signs, like all signs, must be visible from a distance of at least 60 metres or more. There are also specific requirements regarding the distance between speed limit signs, but it varies depending on the speed limit, roadway type and location (the ...

To the best of my knowledge, your son's claim will be denied even if he was unaware of the suspension. The most relevant case law on the topic is a 2007 Ontario Court of Appeal decision entitled Guy Williams v. York Fire & Casualty Insurance Company (can be found online).

The short version is that a driver with multiple unpaid fines gets into ...

If you can't get coverage through a regular provider, you'll need to go through facility insurance. They provide insurance for everyone, but the rates are astronomical since they only insure those deemed "high risk". Probably also want to look at seeing if your wife and children can get regular coverage without you on their plan. Probably be ...

The only crummy thing in this situation is that it sounds like the ticket was properly made out in the other driver's name. The courts won't know about this mistake and the other driver will end up getting convicted in absentia.

R v Tresham is an 18 year old case which resulted in amendments to the HTA. I'd suggest you have a look at R. v Hajivasilis which is more current and relevant. In Hajivasilis, the Court of Appeal clarified that certain sections of the HTA can apply to private property.

I'd have to look it up again but I disagree. I'm pretty sure either the o-reg itself or a related section says they expire ON the date shown, not at the end of the day.

The MTO now has limited information on a vehicle's insurance status that police can access. It's not available for every provider/vehicle and it's not always up to date. In short it's a nice resource but not a definitive confirmation on insurance status.

The section makes it an offence for you to be driving a motor vehicle on a highway with alcohol in your system. Your description of events doesnt make it clear if the officer actually observed you driving your car or not. You simply say you were parked with the keys out when stopped. Unlike criminal charges, where its an offence to simply have care ...

If you gave written notice that you were planning on exploiting a hole in the POA that does not compel you to attend trial and creates an ethical dilemma for the prosecutor based on the fact that they have been made aware that the certificate of offence had an error on it but it was "regular on it's face", did not plan to attend trial and 6 months ...

While creative, I don't think your strategy would work based on my read of the relevant sections. It sounds like you're relying on section 9.1, which only applies when the defendant fails to respond or appear before the Court. Since you'll be before the Courts though, sections 34 and 35 would apply, which allow amendments at any stage of the ...

You can review insurance fault determination rules here: https://www.ontario.ca/laws/regulation/900668

If you're determined to be partially or fully at fault, it will likely impact your rates. How much will depend on your policy and provider.

As Argyll said, speeding tickets are regularly reduced and in no way evidence of your speed having been fabricated. In fact, the officer doesnt even need to show you the reading, so if they really wanted to make up a speed they wouldnt have had to shown you a "fake" reading. Realistically, you probably were speeding (you admit to not knowing your ...

In extenuating circumstances, the Courts can grant you an extension of time to file an appeal outside the initial 30-day window (section 85 of the Provincial Offences Act). Simply not being aware of the possibility to appeal probably wouldnt meet the criteria though.

Also, the Courts do recognize whats known as "ineffective assistance of counsel ...

then I'm assuming that the x-copper cars and some security company cars which look for all the world to be police vehicles
are break the law and can be done for impersonating. ?
Sorry, I should have clarified that you'd also have to show some type of action or intent to further cause people to believe you're the police. Driving around probably ...

The offence of personation does not require one to actually identify oneself as a police officer or to have police written on the vehicle. The section simply requires that the factors/equipment would "likely to cause persons to believe". People have been charged for driving around in old Crown Vics with lights bars in the windows while wearing blue ...

No, I don't believe it's an actual written exemption either so much as a (poorly) worded section that could be interpreted as to allowing it.

I'm also not aware of specific distance for which the sign would remain valid for. In the above Streetview example, I'd generally interpret it to be valid until the next intersection, where another sign would be required for the prohibition to remain.

I don't believe the HTA specifies a distance.


Looking at HTA it specifies where U-turns are ...

There's nothing to my knowledge that would prohibit such signage under the Highway Traffic Act. The main legal requirement you'd have to be careful of is personating a police officer under the Criminal Code, which makes it illegal to use a uniform, badge or other equipment in a manner that could make someone believe you're the police.

I'd also ...

My understanding is that exemptions were left in as a concession to farm and construction workers, who sometimes drive short distances between job sites with workers in the back.

I don't disagree that it's unsafe and a loophole that should be closed, but I still think the way the law is currently written that one could argue the point successfully ...

Set fines are basically the "default" fine. Unless theres a set minimum amount, the Crown can pretty much ask for whatever fine they want. The Crown simply tells the Court that theres a "joint submission" (defendant and Crown both agreeing on an amount) and the Justice of the Peace then (hopefully) allows it. Technically, the J.P. could decline the ...

Hypothetical question that I thought Id run by the hive mind. I was out driving the other day when I saw a close call between two cars. Got me thinking about the scenario and whod be at fault, etc. I've attached a diagram.

Green car has a green light and is waiting to make a u-turn at an intersection where it's permitted. Orange car had a red ...

Ticket is $238. It doesn't say any demerit points on the ticket but I understand it is 4 because it is over 30km/h. I am assuming this will increase my premiums by a lot as well.
As stated above insurance providers don't look at demerit points, but if you still have a G2 you're looking at a 30 day suspension, in which case you'd want to plead it ...

The officers notes would appear to have everything required for a conviction. The radar was tested before and after, a speeding reading obtained and identity confirmed.

In short as jsherk said, there's no easy defence to the charge. You could either force a trial to test your luck/gain some experience, or take a plea deal to lessen the fine.

A charge of unsafe turn would not be solely dependent on demonstrating whether the other driver had an advanced green or not. The section requires that prior to making any turn, a motorist needs to ensure that the movement can be made in safety and without affecting any other vehicles. Your father would need to demonstrate that he took due care ...

Just be aware that prohibited turns are one of the few bylaw offences that can actually appear on your driving abstract and still result in demerit points being applied to your licence. Many posters have reported that municipalities don't typically notify the MTO of convictions for these offences, but just be aware of the possibility.

I'm not in a position to easily check the HTA at the moment, but I believe section 140 deals strictly with pedestrian crossovers, not regular crosswalks as you'd find at an intersection. Your daughter may have been charged under the wrong section.

I'd have to see if there's any case law on your actual question. I remember a high profile case about ...

R. v. Hargan, 2009 ONCJ 65 is one case available on Canlii that deals with a missing section number:
http://www.canlii.org/en/on/oncj/doc/2009/2009oncj65/2009oncj65.html

The case is very similar to the OP's in that the ticket is correct save for the missing section number. The Judge ruled that this was NOT a fatal error.

In the circumstances of ...

I'd tend to agree that a missing section number is not a fatal error if the short form wording identifies the offence. That being said, J.P.'s are not legal scholars (though they tend to think otherwise) and many might have quashed the ticket. Unfortunately the one reviewing your ticket appears to have not been in that group.

yyz wrote:Also I did surrender a licence so can anyone explain why I would be charged for failing to surrender? Thanks

The act requires that you surrender your current valid licence.

A conviction for fail to surrender licence will likely impact your insurance the same as any other ticket would (i.e. no different then speeding, failing to stop for a red light, etc). The chances of the officer forgetting to file the ticket are slim to nil. Furthermore if it's an electronic ticket (all typed out and printed) it's filed ...