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York Region yet again, but this time on a request for certiorari to the Ontario Superior Court of Justice in Region of York v. McGuigan (http://www.canlii.org/en/on/onsc/doc/2017/2017onsc436/2017onsc436.html).

In Provincial Offences court, the JP granted a disclosure order for the prosecution to provide a copy of pages from a user manual with ...

OTD Legal wrote:The offence carries a 6 demerit point penalty.

If I'm not mistaken, I believe that the offence is 3 demerit points, unless the legislation has changed recently.

I've actually been looking into detail about this defence "de minimis non curat lex". I could see how it could be used for a number of parking or traffic offences.

Unfortunately, there's not much case law on it because it's one of the more complex common law defences and it's not used very often. But I would say that it's quite simple to ...

Although it may be difficult to successfully dispute this ticket, the prosecution still needs to prove the essential elements of the offence which is usually done by the officer's testimony. In cross-examination, it is possible to bring one or more of these essential elements into question and whether it has actually being proven, for example ...

Here is the specific section in the Highway Traffic Act :
62. (1) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or ...

Just as a point of interest, when there is no speed limit posted in built-up areas in Ontario, the default speed limit is 50km/h (on country roads, it's 80km/h). Also, some officers are nice enough to use their discretion on the roadside and reduce the charge on the ticket, but they are not required to do so. Even if they do reduce the charge and ...

To answer the questions asked in the OP's initial post,

A conviction for this offence would result in 3 demerit points and it would result in the conviction being recorded on your driving abstract for a few years (I believe it's three years).

In terms of insurance, a conviction for this offence would probably be considered minor, but it may still ...

Check out a recent post here: http://www.ontariohighwaytrafficact.com/courts-and-procedure/cops-can-fix-small-errors-tickets-after-issuing-them-t7933.html

A recent decision by the Court of Appeal has found that minor errors, such as the time, would not cause a defendant to be misled. And any minor variance between the officer's copy of the ...

I agree.

From what I can read from the officer's notes:
- Observe traffic signal change from green to amber and begin to slow/stop
- Observe white veh. in left turn lane N/B end stopped as signal is yellow
- Veh. has rear wheels ~ on marked stop line
- Front wheels ~ on marked crosswalk (south line) traffic signal turns red _ veh. remains stopped ...

Interesting read - thanks for sharing!

I think it's particularly noteworthy that the Court refers to section 90 of the Provincial Offences Act for its decision:
" Irregularities in form
90. (1) The validity of any proceeding is not affected by,
(a) any irregularity or defect in the substance or form of the summons, warrant, offence notice ...

The disclosure that you received can be particularly helpful for your case. Even if the officer claims that your front tires were at the pedestrian crossing, that means you were technically already in the intersection. You can bring this up when you cross-examine the officer. If you are already in the intersection when the light turns red, you're ...

If the witnesses do not appear, and it's a "he said, she said" situation, then the justice will conduct a R. v. W.(D.) analysis, which basically says that if you are credible and you provide your testimony without wavering, the justice must acquit you. If the justice believes you, s/he must acquit. If the justice thinks you are probably or even ...

Generally speaking, it is up to the prosecutor to decide whether or not to proceed with trial if a witness is not present. The prosecutor will probably ask for an adjournment to another date.

Witnesses for the prosecution are usually present for trial if they have been issued a subpoena/summons to appear in court, and they may be charged or ...

You entered and cleared the intersection on amber. I do not think it's likely you will get a ticket.

Red light cameras should only capture your vehicle if you have entered the intersection on red.

From the section of Saskatchewan's Traffic Safety Act that you quoted,
in subsection (i), when it says " when required ", that seems to apply to stop signs because it is required by law to stop at a stop sign.
in subsection (ii), when it says " when prohibited ", that likely applies to 'No Stopping' signs because it is prohibited by law to stop in ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

* 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 ...

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.

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 ...

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 ...

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 ...

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