Search found 121 matches

by Whenaxis
Fri Jan 13, 2017 12:50 am
Forum: Courts and Procedure
Topic: 11b Questions
Replies: 30
Views: 19532

Re: 11b Questions

R. v. Jordan also applies to cases that were already in the system at the time of the decision. So, in order to succeed with a section 11(b) Charter argument for unreasonable delay, the period of time between being charged and the end of trial has to reach the presumptive ceiling of 18 months UNLESS you can argue otherwise:

"If the total delay ...
by Whenaxis
Wed Jan 11, 2017 11:42 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: 135KM in 100km- Trial or ER?
Replies: 5
Views: 2701

Re: 135KM in 100km- Trial or ER?

Be careful that Option 2 on the ticket is indeed early resolution meeting with prosecutor. In some jurisdictions, Option 2 is Walk In Guilty or Make Submissions to Penalty, which means you stand before a Justice of the Peace and plead guilty, and tell the Justice how much time you need to pay or how much you are able to pay. The Justice may not ...
by Whenaxis
Wed Jan 11, 2017 3:28 pm
Forum: Failing to remain at the scene of a collision
Topic: Fail to remain?
Replies: 4
Views: 5110

Re: Fail to remain?

Fail to remain at the scene of an accident is a serious offence which carries 7 demerit points, and a fine between $400 and $2000, or a jail term of up to 6 months. Considering the seriousness of the offence, it would probably be a good idea to contact a paralegal or lawyer.

Duty of person in charge of vehicle in case of accident
"200. (1) Where ...
by Whenaxis
Wed Jan 11, 2017 1:45 pm
Forum: Failing to obey signs
Topic: Disobey Sign HTA 182(2) - No Straight Through Intersection
Replies: 15
Views: 14115

Re: Disobey Sign HTA 182(2) - No Straight Through Intersecti

I can't see Mississauga winning. If the Court rules that Jordan only applies to criminal matters, the City would still lose on the Askov/Morin test. If the Court rules Jordan does apply, the City loses on the Jordan test. The risk the City takes is that the Court of Appeal could rule that Provincial Offences are less complicated than criminal ...
by Whenaxis
Tue Jan 10, 2017 10:31 pm
Forum: Courts and Procedure
Topic: 11b Questions
Replies: 30
Views: 19532

Re: 11b Questions

Have you tried making additional disclosure requests and/or following up with the prosecutor's office to see if your disclosure is ready?

If you do not get disclosure, you can file a notice of constitutional question using section 7 of the Charter, as jsherk said above. The Justice may give you an adjournment so that the prosecutor can provide you ...
by Whenaxis
Tue Jan 10, 2017 9:51 pm
Forum: Careless Driving
Topic: Careless Charge - No Accident
Replies: 24
Views: 11216

Re: Careless Charge - No Accident

As OTD Legal noted, in the disclosure document, the police officer said:
"I asked the driver how fast he had been travelling and he said between 80-90 km/hr in a posted 60 km/hr zone. I asked why he was driving in a reckles[s] fashion and he said they were having a little party and he needed to get some stuff from the store. I asked at the jeopardy ...
by Whenaxis
Tue Jan 10, 2017 9:24 pm
Forum: Failing to obey signs
Topic: Disobey Sign HTA 182(2) - No Straight Through Intersection
Replies: 15
Views: 14115

Re: Disobey Sign HTA 182(2) - No Straight Through Intersecti

While it is true that these decisions are not necessarily binding, it will take awhile for a provincial offences trial (with R. v. Jordan applied) to reach a higher court (i.e. Court of Appeal of Ontario) because R. v. Jordan is a relatively new decision.

And typically, prosecutors and defendants would rather not use their time and resources on an ...
by Whenaxis
Tue Jan 10, 2017 1:05 pm
Forum: Failing to obey signs
Topic: Disobey Sign HTA 182(2) - No Straight Through Intersection
Replies: 15
Views: 14115

Re: Disobey Sign HTA 182(2) - No Straight Through Intersecti

As I mentioned in another post, I was in court recently and overheard that prosecutors in provincial courts (municipal or otherwise) have received notice of the R. v. Jordan case and are currently applying it to cases before the courts relating to provincial offences as well, and I have seen that first hand for parking infractions when I've been in ...
by Whenaxis
Tue Jan 10, 2017 12:47 pm
Forum: Courts and Procedure
Topic: 11b Questions
Replies: 30
Views: 19532

Re: 11b Questions

You can try to make a section 11(b) Charter argument, but it has been more difficult to do so unless your case has reached the new presumptive ceiling guideline of 18 months set in the Supreme Court decision R. v. Jordan in order to be considered an "unreasonable" delay.
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16057/index.do

When I was ...
by Whenaxis
Tue Jan 10, 2017 12:39 pm
Forum: Careless Driving
Topic: Careless Driving - Left Turn Hit A Pedestrian
Replies: 6
Views: 6034

Re: Careless Driving - Left Turn Hit A Pedestrian


* Pedestrians are wearing dark/black clothing
* Ped's are just crossing assuming drivers can/or are going to stop
* Peds put there heads down or use iphones


Yes, I realized that too. It's very hard for drivers to see pedestrians at night, even when drivers are paying full attention.

It may seem a little bit of an overkill - but when I'm ...
by Whenaxis
Mon Jan 09, 2017 10:29 pm
Forum: Careless Driving
Topic: Just got slapped with a Careless Driving/Speeding two-fer...
Replies: 10
Views: 4177

Re: Just got slapped with a Careless Driving/Speeding two-fe

Zatota wrote:Quota? The month and year were almost over.
I don't know about other jurisdictions. But in York Region, police officers actually have a quota - they're asked to issue one traffic ticket per shift. I thought quotas were just an urban myth.
by Whenaxis
Mon Jan 09, 2017 10:09 pm
Forum: Failing to obey signs
Topic: Disobey Sign HTA 182(2) - No Straight Through Intersection
Replies: 15
Views: 14115

Re: Disobey Sign HTA 182(2) - No Straight Through Intersecti

This is very bizarre. I think it would be worth noting when you bring this to court that you cannot go straight through Eglinton Ave, and once you approach that intersection, you cannot turn right or left, as jsherk noted above.

In terms of your defence, I would only refer to Regulation 615: Signs, since that's the law. I don't think it ...
by Whenaxis
Sun Jan 08, 2017 12:19 am
Forum: General Talk
Topic: Driver charged $240 ticket for 'unsecured load' of snow
Replies: 5
Views: 5583

Driver charged $240 ticket for 'unsecured load' of snow

http://www.cbc.ca/news/canada/manitoba/winnipeg-ticket-snow-1.3926349

Any thoughts?

I know that Ontario has similar provisions for 'insecure load' in s. 111(2) of the Highway Traffic Act and a $130 fine:
"No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load ...
by Whenaxis
Sat Jan 07, 2017 5:43 pm
Forum: General Talk
Topic: Wrong name, wrong address, wrong gender, no DL# on ticket
Replies: 8
Views: 7400

Re: Wrong name, wrong address, wrong gender, no DL# on ticke

I'm thinking that the ticket that you got may have been someone else's ticket, and someone else may have your ticket.

The fact that the ticket that you got has no driver's license on it and it has nothing to personally identify you, this means that there will be no consequences against you for this ticket. So simply do not dispute the ticket or ...
by Whenaxis
Thu Jan 05, 2017 6:14 pm
Forum: General Talk
Topic: Wrong name, wrong address, wrong gender, no DL# on ticket
Replies: 8
Views: 7400

Re: Wrong name, wrong address, wrong gender, no DL# on ticke

Can you post a photo of your ticket? I'm interested to see a ticket with so many errors on it! :lol: