Viewing profile - avialaw

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avialaw
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Joined:
Sun May 22, 2016 11:51 pm
Last active:
Thu Jun 01, 2017 11:26 am
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  • avialaw’s recent activity
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  • Re: Failure to weigh evidence
    So just to close this chapter - I've had my defence ready, adding to it R v. WD in terms of a three pronged test, and planning to talk about judicial interference (these were things that came up in other cases I've heard, while sitting there, and was quit…
    8 Replies
    3092 Views
    Last post Thu May 04, 2017 10:12 am View the latest post
  • Re: Failure to weigh evidence
    Just found something interesting, by starting to re-read the transcript. After being booted out of the court room, to have the officer explain his shorthand to me, I came back in, and said what I said, but then a debate on a deal with the Crown has ensued…
    8 Replies
    3092 Views
    Last post Mon May 01, 2017 7:12 pm View the latest post
  • Re: Failure to weigh evidence
    To answer both questions: I took the stand, and I've offered evidence, describing the road conditions, and the events leading to the eventual stop. I was interrupted multiple times (just as I was interrupted during the cross examination), and then told t…
    8 Replies
    3092 Views
    Last post Mon May 01, 2017 7:08 pm View the latest post
  • Failure to weigh evidence
    I have an appeal coming up, on a speeding ticket (HTA 128). The reason for my appeal is that the JP in the original trial said that I've provided no evidence, whereas I've really provided plenty. Any case law suggestions to rely upon, in my appeal?
    8 Replies
    3092 Views
    Last post Mon May 01, 2017 12:50 pm View the latest post
  • Re: No disclosure after an adjournment - trial coming up
    bend wrote:avialaw wrote:@bend - the JP has agreed, on record, with me being entitled to a typed version and an explanation of the shorthand. The reason I bring it up is because usually they'll just have the officer pull you aside go through it with you …
    7 Replies
    2519 Views
    Last post Thu Oct 13, 2016 10:42 pm View the latest post
  • Re: No disclosure after an adjournment - trial coming up
    @bend - the JP has agreed, on record, with me being entitled to a typed version and an explanation of the shorthand. @highwaystar - thank you. @screeech - this was discussed in another thread I've started 6 months ago, specifically relating to that par…
    7 Replies
    2519 Views
    Last post Wed Oct 12, 2016 8:38 pm View the latest post
  • No disclosure after an adjournment - trial coming up
    Folks, My alleged offence is rather simple - speeding 134km/h in a 100km/h zone (quoted from the ticket). Offence took place in Nov 2015. First appearance in May 2016. Asked for disclosure, and 2.5 weeks before 1st appearance got a few pages from the r…
    7 Replies
    2519 Views
    Last post Tue Oct 11, 2016 3:29 pm View the latest post
  • Re: 34 over, subsection question and notes discrepancy
    I've decided not to risk it, given what I've seen and heard the JP do for the first little while today, so I've gone the route of getting an adjournment charged to the prosecution, based on the so called disclosure I've received 2 weeks before the trial. …
    16 Replies
    5853 Views
    Last post Tue May 24, 2016 9:21 pm View the latest post
  • Re: 34 over, subsection question and notes discrepancy
    I've done my share of digging on the fatal flow, prior to jsherk's reply, and I guess what causes me concern is that the issue was addressed in Khoshael years ago, the city of London case subsequently, and most recently by the Ontario Court of Appeal in F…
    16 Replies
    5853 Views
    Last post Mon May 23, 2016 9:31 pm View the latest post
  • 34 over, subsection question and notes discrepancy
    Folks, My alleged offence is rather simple - speeding 134km/h in a 100km/h zone (quoted from the ticket). After reading all the vast troves of info here. I still have 2 pressing questions, in advance of my upcoming trial (where I may ask for an adjournm…
    16 Replies
    5853 Views
    Last post Sun May 22, 2016 11:58 pm View the latest post