Search found 22 matches

by alexo
Mon Nov 17, 2008 11:48 am
Forum: General Talk
Topic: Disclosure questions
Replies: 10
Views: 3018

Re: Disclosure questions

Hello Reflections, thank you for your reply.
Reflections wrote:OK. "ACCIDENT"=Representation.
Nuff said.
As in "legal representation"?
by alexo
Mon Nov 17, 2008 10:06 am
Forum: General Talk
Topic: Disclosure questions
Replies: 10
Views: 3018

Disclosure questions

Hello people,

Some questions:

1. What should be a reasonable time for the prosecutor to provide disclosure from the first faxed request (2 reminders were sent as well)?
Is 8 months reasonable? If not, is there anything one can do about it?

2. The disclosure contained a copy of the ticket (offence notice), the cop's notes and the accident report ...
by alexo
Mon Nov 17, 2008 9:39 am
Forum: General Talk
Topic: Definition of "lane" for 142(1)
Replies: 29
Views: 7681

Re: Definition of "lane" for 142(1)

Try the Supreme Court of Canada for caselaw with respect to lanes.
Nothing relevant on csc.lexum.umontreal.ca
The only case I found that mentions an unmarked centre line, does not use the word "lane" (Armand v. Carr, [1926] S.C.R. 575)

No legal definition of "lane" was given but then, I did not expect the SC to concern itself with such issues ...
by alexo
Mon Nov 17, 2008 12:46 am
Forum: General Talk
Topic: Definition of "lane" for 142(1)
Replies: 29
Views: 7681

Re: Definition of "lane" for 142(1)

Hi lawmen, thanks for your reply.

Interesting case. Keep searching case law and you might find something to help you.
Gladly but I feel I'm not getting any relevant info from CanLII.
Any suggestions where to look? Or maybe I'm searching incorrect terms?

So, you're traveling on a road with no centre line and the cop claims you went into the ...
by alexo
Sun Nov 16, 2008 11:53 pm
Forum: General Talk
Topic: Definition of "lane" for 142(1)
Replies: 29
Views: 7681

Re: Definition of "lane" for 142(1)

Also 186(1) mentions "left lane".
It is obvious that it talks about same-direction lanes (otherwise the left lane would be oncoming traffic)
by alexo
Sun Nov 16, 2008 11:47 pm
Forum: General Talk
Topic: Definition of "lane" for 142(1)
Replies: 29
Views: 7681

Re: Definition of "lane" for 142(1)

A collision in a bend in the road.
The officer that arrived later decided to charge me with "turn not in safety" under 142(1).

My point is that 142(1) is not applicable as it is very specific about the turns and none of them is applicable to a bend in the road.

They may claim that my car protruded into the opposite line of traffic. However ...
by alexo
Sun Nov 16, 2008 9:33 pm
Forum: General Talk
Topic: Definition of "lane" for 142(1)
Replies: 29
Views: 7681

Definition of "lane" for 142(1)

Hello people,

HTA 142 (1) says: The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic ...

I could not find the legal definition of "lane" in the act.
Does it have to be marked?

Please help.