Search found 32 matches

by amcamx
Wed Jan 06, 2010 9:18 pm
Forum: Courts and Procedure
Topic: What cases become case law?
Replies: 3
Views: 1391

Also keep in mind that higher courts set precedents. So decisions by the Supreme court on done become binding to lower courts. Only at the lowest level (cases that have JP's) are rulings not binding. So when looking for case law to make a defence, you want to ensure that you use rulings from the hig...
by amcamx
Mon Dec 21, 2009 7:10 pm
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 65656

Re: My Red Light ticket was dismissed

Another happy customer! Congrats on the win! The prosecutor then explained that the court does not have the legal jurisdiction to ‘quash the charges simply because the form has been revoked as the certificate (???) is valid. In these proceedings, the court receives a certificate of offen...
by amcamx
Tue Dec 15, 2009 8:26 pm
Forum: Courts and Procedure
Topic: Motion for Appeal granted, conviction overturned!!!!! I WON!
Replies: 7
Views: 4607

Nicely done! Congrats! 8) While a win is a win, it's always a little more gratifying when your hardwork and effort pays off (as opposed to being totally unprepared and having the cop/witness not show up). My co-workers and friends laughed at me and shook their heads in disbelief over the amount of t...
by amcamx
Fri Dec 11, 2009 11:14 am
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 65656

Re: Ticket Quashed

Got the ruling today. The ticket was quashed. As this was a first level OCJ ruling, it isn't binding so you don't necessarily need the case law to make the same argument. I have to check with the defendant tonight to see if she's OK with me plastering her name all over the internet. Anyone can make...
by amcamx
Tue Dec 01, 2009 6:53 pm
Forum: Parking Tickets
Topic: PARKING TICKET HELP
Replies: 9
Views: 4850

Generally they have to mark your car (usually by chalking the tires with a line on the side from the top of the tire to the rim) first and then come back an hour (or whatever the limit is) later to verify that you have over-stayed (theoretically you could move to another spot far from where you orig...
by amcamx
Thu Nov 05, 2009 10:03 pm
Forum: General Talk
Topic: NEW Lidar Defence
Replies: 9
Views: 1833

I wonder if the the JP bought his defence and acquitted him of the speeding charge at least? Kinda funny if they did.
by amcamx
Tue Nov 03, 2009 10:26 pm
Forum: Parking Tickets
Topic: Driving away results in parking ticket cancellation???
Replies: 1
Views: 2979

Driving away results in parking ticket cancellation???

Came across an informative document from the City of Toronto Revenue Services regarding parking ticket activity for the year 2008: http://www.toronto.ca/transportation/news/2009-04-15/pdf/parking_ticket_activity.pdf It's a high-level overview used by the city for whatever reason. The most intriguing...
by amcamx
Tue Nov 03, 2009 9:17 pm
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 65656

So i looked at my ticket and the date of offense was September 3rd 2009, but the officer certified the ticket and signed on September 29th, 26 days after the offense. Since he took longer than the allowable 23 days to serve the notice is my ticket invalid? While I can't speak from any courtroom exp...
by amcamx
Wed Oct 28, 2009 6:35 pm
Forum: Failing to remain at the scene of a collision
Topic: Trouble Parking
Replies: 3
Views: 1689

Trouble Parking

Perhaps we will be seeing the driver of this SUV here soon asking for advise:

The video is here:



The Toronto Star article is here:

http://www.thestar.com/news/gta/article ... arged?bn=1
by amcamx
Tue Oct 20, 2009 11:48 am
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 65656

This discussion was very helpful and provided some needed clarity. Appreciate you taking the time to answer my inquiries. I'm approaching the factum with a slightly different argument than what you've outlined but similar in substance (lame pun intended). I'll fill in the details when I have a bit m...
by amcamx
Mon Oct 19, 2009 11:04 pm
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 65656

Say that the certificate is correct. How then can the proceedings be invalidated?
by amcamx
Mon Oct 19, 2009 9:44 pm
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 65656

Okay, so I understand that a certificate must not be defective as according to section 90 (1) (a). But an offence form is not a certificate as we've covered. So, how do we know if the certificate is defective? Is it because the offence notice itself is invalid or does it have to do with the set fine...
by amcamx
Mon Oct 19, 2009 8:46 pm
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 65656

Why would section 90 (1) have to apply to a certificate if it is correct and the offence notice is not??? Section 3 doesn't even require the issuances of an offence notice: Issuance and service 3. (2) A provincial offences officer who believes that one or more persons have committed an offence may i...
by amcamx
Mon Oct 19, 2009 8:22 pm
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 65656

The certificate of offence and offence notice are one document but two forms. When it is filled out the top part is the certificate and the carbon copy is the offence notice. The certificate is Form 2 and the offence notice is either Form 5 or 5.1, depending on if the offence was committed in a pre...
by amcamx
Mon Oct 19, 2009 6:44 pm
Forum: General Talk
Topic: red light camera offence ticket
Replies: 75
Views: 65656

But the red light camera ticket that has been revoked (and is the topic of conversation) is an offence notice not a certificate. And the court could definitely determine that a "revoked" offence notice form is simply an irregularity which grants it jurisdiction: Definition from Dictionary....

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