Ontario Highway Traffic Act

We have the 13th ...

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
http://laws-lois.justice.gc.ca/eng/const/page-15.html The big difference is ...

Sadly, I've given up on trying to warn drivers their headlights are off. I used to flash my headlights or high beams, but that now typically results in a "We're Number One" salute. If I can pull up beside someone at a light or if the driver actually looks over if I pull up alongside him or her, I'll try to find a way to communicate that his or her ...

If the trial is adjourned for lack of disclosure, you will probably hit the 18-month "drop-dead" timing the Supreme Court of Canada specified in the Jordan case. You could be looking at an easy 11(b) application.

It would also be difficult to prove whether or not the device was actually being used. The police officers who come to our high schools to educate our students about the perils of drinking and driving, texting and driving, etc., say it's easy for them to obtain information from mobile companies that would show exactly when and how the phone had ...

I also refuse to use my phone when driving, except to place or answer calls using my car's Bluetooth. I've sometimes had the person in the passenger seat pick it up to read an incoming e-mail in case it's important (if I'm expecting one, for example), and have, a couple of times, handed my phone to someone in the back seat for the same purpose. IMO ...

Do you have the name of the person with whom you spoke from the City of Markham? (It's not a town anymore, by the way) It's not the same as having it in writing, but you may be able to swing the case in your favour if you can demonstrate that the city realizes there's a problem. If a reasonable person driving with reasonable prudence has trouble ...

At times, I miss the good old days when the officer's inability to show the reading would result in dismissal. I actually once had an officer decide not to give me a ticket at all when he couldn't show me the radar reading. Needless to say, I had asked him really politely.

I'm convinced the people who make the decisions throw darts at dartboards and go with that.

Well done! It's not often a JP overrules a prosecutor's objection to a defendant's questions. Then again, most self-represented defendants ask irrelevant questions.

I wouldn't worry about a mistrial over the JP allowing the video. He's already told you he's taking it with a grain of salt and is on your side as to the possible lack of detail from ...

Wow! Just wow!

I stand corrected.

Realistically, it's difficult to know whether there might be "missing" pages. Instead, if the officer happens to state something that's not in the notes you've received, you could then question the officer as to where in his notes that evidence is shown. If it's on a page that has not been disclosed, you can then object. The officer may claim that ...

Forget Early Resolution. You won't have disclosure, so you won't know all the "facts." Any deal the prosecutor may offer would likely be a "take-it-or-leave-it" offer that wouldn't be made again at the trial. If, however, you plead not guilty and request a trial, you'll be able to obtain disclosure. The day of the trial, by all means, speak with ...

However, I expect the City of Mississauga to appeal the municipal by-law case that was decided in favour of Uber (http://www.canlii.org/en/on/oncj/doc/2016/2016oncj746/2016oncj746.html) - so it may be a short while before we hear from the Court of Appeal. I can't see Mississauga winning. If the Court rules that Jordan only applies to criminal ...

My point exactly. I don't know about TPS, but YRP officers are expected to write a certain number of tickets per month and per year. YRP calls that a "performance measure," but it's really a quota. That's why many people I know say they drive a little more slowly the last few days of each month.