Ontario Highway Traffic Act

Hi everyone. I haven't been here in a while. I hope everyone has been doing as well as possible during the pandemic.

My wife was in an at-fault collision last week. It was snowing and she was driving about 20 km/h. Approaching a light, she braked. She hit some slush or ice, the ABS kicked in and she hit the back of a school bus. No one was injured ...

Yes. When you get there, the prosecutor will ask you how you intend to proceed. You can then plead guilty to the speed of 85. That will be your last chance to do so. If you plead not guilty, the first thing the prosecutor will do when the trial starts is amend the charge to 99.

I have sleep apnea and am on CPAP. I started using CPAP in about 2003 or 2004. In addition to being asthmatic, I was quite obese at the time, and my wife noticed I was occasionally gasping for air at night beyond what was normal. After I lost a bucket of weight, my apnea disappeared and I stopped using the CPAP. Fast forward a few years...some of ...

Try to get some photos that would show the same perspective as you had in your car. The problem I see in the first photo is that the "Do Not Enter" part of the sign is clearly visible. Even if the days and times are obstructed, there is clearly a restriction on driving past that sign at least some of the time.

Current case law determines there's no obligation to provide a copy of the manual. That's no longer completely true.

The Court of Appeal ruled in 2018 in York (Regional Municipality) v. McGuigan that the operation and testing sections of the manual are first-party disclosure and must be disclosed. To reduce the administrative burden, the Court ...

You may have had to pay a reinstatement fee or some similar fee. If you haven't paid it, your licence may still be suspended.

Speeding is hard to beat. Doing so requires creating some doubt in the officer's testimony (e.g., which car he or she identified, how he or she did so, whether there were any circumstances that could have affected the radar, etc.).

Decatur wrote: Sun Sep 15, 2019 4:11 pm Schlesinger is not an appeal court decision and isn't binding on any other court.

That's true. My understanding, however, based on a number of posts I've read here and one case that I saw while waiting for my own a couple of years ago, is that JP's rely on it and apply it.

I don't know the names of the cases, but others here may.

All the officer has to do to test the device is to push the TEST button. He or she must do that at the start of his or her shift and at the end. The time and result of the test must be annotated in the officer's notebook. The case for this requirement is Schlesinger.

If Early Resolution is available where you live (check the back of your ticket), you can arrange a meeting with a prosecutor to see if you can make a deal. If not, request a trial and go from there.

You won't get those. The information is not readily available to the prosecutor and court decisions have stated the prosecution does not need to provide them. You have every right to cross-examine a police officer as to his or her qualifications, but you won't get any documentation.

Do you have the officer's notes and any evidence the prosecution ...

The court can waive a fine, but not demerit points.

Obviously, you will want to request disclosure and take all the usual steps. In the meantime, this would be a minor offence for insurance purposes and would have the least possible impact. You're right that you can't "blame" it on the GPS. If you are truly concerned about the points (for example ...

It'll be difficult. If you'd had the licence plate of the truck, you may have been able to subpoena its log that would have shown it was likely to have been in that area at that time.

You should definitely request a trial and disclosure. The officer's notes will show what she saw and what she knows.

What happened was not a traffic disturbance. It ...

Demerit points don't affect insurance. What does affect it is whether offences are minor, major or serious. I believe HOV violations are minor, but I'm open to being corrected by someone who knows better.

I used to use the 403 daily and was shocked at how many people use that HOV lane solo. We could cure the provincial deficit if that could be ...

Could be worse. Toronto would lower the speeds to 40 km/h and put in lights.