Ontario Highway Traffic Act

Yeah I already contacted my insurance company and they said they are going to take care of it. So at this point I can't really do anything since it is in the insurance hands now.
Regardless, make sure someone files a defence for you. You don't want this woman obtaining default judgement against you. That could expose you to enforcement action ...

There are three ways to avoid the demerit points: be acquitted at trial (not likely to happen), have the prosecutor withdraw the charge (not likely to happen) or plead guilty to a related offence that does not carry demerit points. While the prosecutor and JP can reduce a fine, no one can affect demerit points; they are applied by the Ministry of ...

argyll wrote: Sun Apr 15, 2018 3:42 am Why are you dealing with this ? Surely this is between her and your insurance company.

For now, he has no choice. He has to respond to the claim. There are options, such as notifying the insurance company, filing a cross-claim against the insurance company, etc., but because she sued him, he still needs to deal with it.

yeah lists the parties which is me and the lady and has a stamp that says the superior court of justice and a signature with the ministry of attorney generals address. Everything else is just the technical jargon that she wants to steal my insurance money
You need to figure out which level and which court it is, as you'll have to file a defence ...

The court office will be shown on either the first or second page. There's probably a "cover" page that lists the parties and shows the court.

Unless a police officer saw you and pulled you over, no.

You'll have the opportunity to cross-examine her over the inconsistencies. Of particular note, you'll be able to go after the fact that she told the officer she'd been released from hospital without injury. She'll have to show that she actually has a hospital record. You may have to summon the officer to get him to testify as to what she said.

I ...

There is no date on the first page. On the second page says March 29, 2018 which is 3 days before the 2 year mark.

is there a reason why they would wait to the last second?
Some people just like doing that. My guess is she wasn't really injured and figured she'd give it one more try just before the deadline. The reference to her having told ...

Normally in a civil suit the onus is on the plaintiff to prove negligence. However when it comes to an accident between a vehicle and pedestrian the plaintiff does not have to prove negligence due to section 193 of the Highway Traffic Act:

193 (1) When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus ...

I first got a letter from her lawyer and then a few weeks later I got served with an actual claim however it did not include any documentation such as hospital discharge records. However the police report I received back when I was fighting the charges says that she was released from the hospital with no injuries.

The event occurred on April, 2 ...

It sucks that this thing has come back to life. The fact that she has switched law firms is completely irrelevant. She may have found a different firm she prefers. Also, the fact she did not show up for your trial is likely irrelevant. Of course, if a lawsuit ever goes to trial, you or your representative can question her about why she didn't show ...

You won't get any of that. There have been several court rulings that state that the radar manual, officer's training records, testing procedure, etc., do not have to be disclosed. I've heard that the officer's notes no longer even need to show the time at which he/she did his/her start- and end-of-shift tests; all that's required now is that the ...

Consider the situation, i rarely drink. like once every few months due to special occasions as this was one of them being my friends birthday. I was the "designated driver" held responsible and just took few sips to celebrate in the moment. As soon as the party shutdown we had to leave and I was perfectly fine to drive just a block away to home ...

What I meant was whether you'd asked the prosecutor if he'd be willing to reduce the ticket to 49 over in exchange for a guilty plea. If the prosecutor doesn't offer it, there's nothing wrong with asking for it. The worst that can happen is the prosecutor says no.

There's still one benefit to retaining a paralegal, despite the fees. If the ...

THe whole purpose of a muffler is to minimize noise...think of it this way...imagine we are talking about farts...some people like the smell of their own farts, some might might even like the smell of others farts, but if we had fart laws, it would be to protect the overwhelming majority of people who hate farts smells...and while some think it's ...