Search found 2111 matches

by Stanton
Wed Oct 05, 2016 8:01 pm
Forum: General Talk
Topic: no xxx ahead begins - question
Replies: 2
Views: 1514

Re: no xxx ahead begins - question

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 ...
by Stanton
Wed Sep 21, 2016 8:56 pm
Forum: General Talk
Topic: Accident while license suspended
Replies: 8
Views: 4185

Re: Accident while license suspended

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 ...
by Stanton
Thu Sep 15, 2016 4:14 pm
Forum: Exceeding the speed limit by 50 km/h or more
Topic: 490 days after ticket -Insurance cancelled
Replies: 18
Views: 8747

Re: 490 days after ticket -Insurance cancelled

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 ...
by Stanton
Thu Sep 08, 2016 12:47 pm
Forum: General Talk
Topic: CARELESS driving charge , ALL wrong info on ticket.
Replies: 4
Views: 3205

Re: CARELESS driving charge , ALL wrong info on ticket.

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.
by Stanton
Wed Sep 07, 2016 11:30 am
Forum: Summon
Topic: Urgent - Illegal Stop & Arrest On Private Property
Replies: 25
Views: 11711

Re: Urgent - Illegal Stop & Arrest On Private Property

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.
by Stanton
Sat Jul 16, 2016 9:41 am
Forum: General Talk
Topic: Driving with Expired License
Replies: 5
Views: 2922

Re: Driving with Expired License

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.
by Stanton
Tue Jun 21, 2016 12:32 pm
Forum: Compulsory Automobile Insurance Act
Topic: No Insurance Charge on Expired pink slip (valid insurance)
Replies: 6
Views: 7702

Re: No Insurance Charge on Expired pink slip (valid insuranc

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.
by Stanton
Tue Jun 21, 2016 6:52 am
Forum: General Talk
Topic: Novice Driver B.A.C Above Zero Provincial
Replies: 6
Views: 3016

Re: Novice Driver B.A.C Above Zero Provincial

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 ...
by Stanton
Tue Jun 14, 2016 11:47 am
Forum: General Talk
Topic: Wrong date on ticket - Motion to Quash
Replies: 7
Views: 4999

Re: Wrong date on ticket - Motion to Quash

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 ...
by Stanton
Tue Jun 14, 2016 9:41 am
Forum: General Talk
Topic: Wrong date on ticket - Motion to Quash
Replies: 7
Views: 4999

Re: Wrong date on ticket - Motion to Quash

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 ...
by Stanton
Tue Jun 14, 2016 7:15 am
Forum: Failing to yield the right-of-way
Topic: Was I at fault? please help!
Replies: 5
Views: 3351

Re: Was I at fault? please help!

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.
by Stanton
Thu Jun 09, 2016 6:40 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Laser/Radar gun reset between tickets?
Replies: 5
Views: 3474

Re: Laser/Radar gun reset between tickets?

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 ...
by Stanton
Wed Jun 08, 2016 12:12 pm
Forum: General Talk
Topic: Speeding ticket, paralegal plead guilty, filling appeal?
Replies: 3
Views: 2002

Re: Speeding ticket, paralegal plead guilty, filling appeal?

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 ...
by Stanton
Tue Jun 07, 2016 2:59 pm
Forum: General Talk
Topic: Vehicle Decal (wording)
Replies: 10
Views: 3791

Re: Vehicle Decal (wording)

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 ...
by Stanton
Tue Jun 07, 2016 12:27 pm
Forum: General Talk
Topic: Vehicle Decal (wording)
Replies: 10
Views: 3791

Re: Vehicle Decal (wording)

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 ...