Ontario Highway Traffic Act

Here's the specific section from the Highway Traffic Act :

" Right of way on entering highway from private road
139. (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard."

There's not much lower you can go from 10km/h over the speed limit with a $40 fine and 0 demerit points.

Sometimes, for speeding tickets with higher rates of speed over the speed limit, when there are larger fines and more demerit points, an option would be to plead down to "disobey sign" which has 2 demerit points and the fine can go as low as ...

Even if it was a bus stop with a bus bay, buses are required to wait if your car is too close to the bus for you to yield right of way:
"142.1 (3) No driver of a bus shall re-enter the lane of traffic adjacent to a bus bay and move into the path of a vehicle or street car if the vehicle or street car is so close that it is impractical for the ...

You will likely not be able to get a stay. You will likely be given an adjournment if the prosecutor has failed to provide you with disclosure. The adjournment will give the prosecutor time to provide you with the disclosure and for you to review it to formulate a proper defence.

Have you followed up with the prosecutor since your initial ...

In Ontario, the default maximum rate of speed for city streets (50km/h) and country roads (80km/h) does seem to be arbitrarily set. How can the provincial legislature decide which maximum rate of speed is appropriate for every single road in Ontario?

It is only when a municipality enacts a by-law to adjust the maximum rate of speed, this is when ...

Are you in York Region?

If you request for a trial, you can request for disclosure after you receive a Notice of Trial. Some jurisdictions provide you with a form that you can fill out, or you can submit your own detailed request for disclosure.

Despite popular belief, you have the ability to speak with a prosecutor at any time between now and ...

A number of municipalities have established by-laws for "community safety zones", which municipalities are able to do under the Highway Traffic Act. These community safety zones can be used on roads near schools (or other community areas) to help promote safety.

Section 214 (community safety zones) of the Highway Traffic Act generally doubles the ...

According to the Compulsory Automobile Act,
"'automobile insurance' means insurance against liability arising out of bodily injury to or the death of a person or loss of or damage to property caused by a motor vehicle or the use or operation thereof, and which,
(a) insures at least to the limit required by section 251 of the Insurance Act,
(b ...

You can always request a trial and then ask for disclosure to see the case against you.

(Ideally) we live in a society where you are presumed innocent until proven guilty. So let the prosecution prove it.

There is always a chance that the prosecution makes an error or mistake along the way:
- police officer does not submit his copy of the ticket ...

In this case, I would not do anything. I would wait a few weeks and call back to the courthouse to find out what has happened with this ticket.

If the justice of the peace quashed the ticket, that's the end of the story, you're good.

If the justice of the peace did not quash the ticket (or you get a notice of conviction in the mail), I would file ...

Do you mind posting a copy of your ticket and a screenshot of the online ticket system (blank out any personal information)

Officers are allowed to correct minor errors on their copy of the ticket so I think that might be the case here. But I'm not sure if the ticket would still be valid, considering the large variance in the date.

A recent decision by the Court of Appeal has found that minor errors, such as incorrect time or incorrect name, would not cause a defendant to be misled or prejudiced.

However, in this case, I would argue that the significant variance in date would cause you to be misled or prejudiced.

If you request for a trial or choose to pay a fine, you have ...

That was in this decision before the Superior Court, lines 34 and 35:


[34] The position taken by the respondent is that any ruling that results in agents being required to commence an OConnor application every time the testing procedure is sought would impair access to justice and clog up the courts with needless third party record applications ...

I'm currently dealing with the City of Markham for a couple of stop sign tickets (one for a friend and another for a family member).

I made an inquiry on their online web form. They conducted an investigation and replied to me by email. I know that you can face some opposition for bringing up emails in court, so I asked if they had any documents ...

I agree that even if the prosecutor has a copy of the manual in its possession to be viewed upon request, it may not be up-to-date. The York Region Prosecutor's Office said in the court decision that York Regional Police only voluntarily gives them a copy of the manual and it is just assumed that it's the latest one.

But the Court believes that ...