Ontario Highway Traffic Act

Hi TC,

Just wondering if you'll be able to post some info on your sucess to get the court to quash the proceedings due to the invalidity of the offence form. In all the case law I found the courts were in general agreement that as long as the substance of the form was not defective or prejudiced the accused, the form itself could be amended (i.e ...

I'm curious as to how the officer ascertained that you were not wearing corrective lenses. Did he specifically ask you if you were wearing contacts or had taken off your glasses? Did he try to test you by asking you to read a distant road sign or something of this nature? What was the specific section you were charged under? Was it this section ...

FiReSTaRT wrote:Pennies and spark plugs are more effective

But an "ACME" anvil would be funnier!

The considerate "city-driver" thing to do would have been to show him the errors of his way. If a physical beating could not be done then a simple; pull up beside him, scream obscenities at him and his family and peel away; should do it!

Thanks for the tips R.I. I was thinking along the lines of first deconstructing the language of the two applicable sections in the POA (34 and 90) in order to show why they do not allow the invalid form to be "cured". Then I was going to provide case law where errors were "cured" in order to highlight specifics of where these sections apply. There ...

Had my trial today. I raised the defense that the specific offense notice form issued had been revoked hence invalidating the charge. The JP adjourned the matter to December. While she researches my request, I am required to submit a "technical" statement of the grounds of my request in 30 days in order to give the crown enough time to rebuke my ...

Would I need to obtain a copy of my ownership from a Licensing office (i.e. Certified Owner by Vehicle Identification Number document) or is my Vehicle/Plate permit sufficient? Can the prosecutor amend the Certificate of Ownership after it has been entered as evidence? Kind of curious at how the courts treat human error. Seems to me that they have ...

Interesting approach but I am not sure I understand the logic behind it. If I submit the correct ownership as evidence, wouldn't I essentially be correcting the prosecutor's mistake as the correct ownership is now in evidence (hence self-incriminating myself)?

Wouldn't it be wiser to not to submit anything and then depend on the JP and prosecutor ...

Thanks for the comments. It encouraged me to look through the POA again and I found the following which does not work in my favour:

Amendment of information or certificate
34. (1) The court may, at any stage of the proceeding, amend the information or certificate as may be necessary if it appears that the information or certificate,

(a) fails to ...

Hi KiX,

The car in the photograph is mine. It is just the certificate of ownership given to me by the prosecutor is for the wrong plate (they didn't notice the error). What I am thinking, and correct me if I am wrong as I have not been to a red light camera trial before, is that the prosecutor must prove two things for a conviction based on ...

This past Saturday, the OPP had a speed trap setup in the construction zone east of Windsor where the speed limit is reduced to 80. I cannot remember the name of the overpass they were setup at but when the highway is reduced to one lane there is a curve ahead and the first overpass on the curve is where they are stationed at. Best to begin slowing ...

FYI... originally posted this topic in the General Talk section. Deleted it there and reposted here.


I just recently received my disclosure package in the mail for a red light camera ticket. It took two requests and as to be expected was incomplete with no explanation for the missing pieces. I was hoping for some guidance on my next step ...

Wonder whether that could be taken as a potentially encouraging sign for others facing a similar predicament? I'd assume that if the courts consistently ruled against the argument (over the use of an invalid form) that the city would not bother with changing it (it is an unwieldy bureaucracy where glacial changes are expected). Otherwise, why ...

We have an old plate that holds sentimental value (first plate ever issued) and we did get a warning about the rust, but no ticket. I have since cleaned up the majority of the rust and moved the worse of the set to the front, but now the paint looks very faded, though still legible. I'm also curious if non-vanity-plates can be replaced, and ...

That's why I am apprehenisive about asking anyone in court any questions, especially if directed by the prosecutor/police. Frankly, they should have signs that say, "if you have any questions, then plead guilty; we will answer it then."

Incidentally, I think section 205.25 of the HTA supercedes section 13 of the POA:

Regulations, red light camera ...