Ontario Highway Traffic Act

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 ...