Ontario Highway Traffic Act

I wasn't being sarcastic...I was enjoying the discussion.

And yes, you have referred to case law which I've looked at and countered.

You've provided legislation, as have I where the provision that I reference clearly mentions 30 days. If it was a loosey goosey timeline then it would say "the rescheduled meeting should be within a reasonable time ...

Curious if you're a lawyer?

As I read the case it's specifically about mistakes on a certificate of Offence.

Not the same as missing a legislated deadline.

I really appreciate all your input!

The original notice says "by law, the rescheduled date of your meeting must be within 30 days of your original meeting date".

I was actually checking the regular mail for the notice. Instead it came by email and it was in my junk folder which is why I didn't see it. I called the courts today to find out what was going on, went online and saw the ...

And as far as I understand you have to apply for an extension of time which the prosecutor would not have done.

I think my point is that the conviction should never have been entered in the first place and I should be entitled to dismiss based on the prosecutor not scheduling the erm meeting in time and not filing a request to extend time.

You're right that they had to reschedule your ERM within 30 days of Dec. 17/19 (as per POA s.5.1(4)). That would mean your second meeting should have taken place by Jan. 16/20. Of course, this is all assuming that you requested the rescheduling of the ERM BEFORE Dec. 17/19. If you didn't then you were convicted on that day.

However, in seeking ...

Go to your local POA court and file the paper work requesting a re-opening. They'll grant it.

Once they do, don't bother with an ER meeting on that offence since the prosecution can't reduce anything----the $500 set fine on your ticket is already the minimum statutory fine (which neither they nor the court can lower any further). Plus, no one ...

But if they didn't schedule the ERM within 30 days shouldn't it be thrown out?

Hi all,

Hoping to get some insight.

I got a notice for a handheld and requested an ERM. The Original date for the ERM was December 17, 2019.

I requested to reschedule.

On January 31, 2020 I received (through email) a notice for a new ERM date on February 12, 2020.

The email went to my junk folder so I didn't even see it until today and I ...