Search found 13 matches

by avialaw
Thu May 04, 2017 11:45 am
Forum: Courts and Procedure
Topic: Failure to weigh evidence
Replies: 8
Views: 2190

Re: Failure to weigh evidence

jsherk wrote:Awesome :)

Congratulations on the win!
Thanks :)
by avialaw
Thu May 04, 2017 10:12 am
Forum: Courts and Procedure
Topic: Failure to weigh evidence
Replies: 8
Views: 2190

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 quite fitting. And then, I've seen the unseeable ...
by avialaw
Mon May 01, 2017 7:12 pm
Forum: Courts and Procedure
Topic: Failure to weigh evidence
Replies: 8
Views: 2190

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, and the JP has said "so are you prepar...
by avialaw
Mon May 01, 2017 7:08 pm
Forum: Courts and Procedure
Topic: Failure to weigh evidence
Replies: 8
Views: 2190

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 that if I've nothing more to say, I can stand d...
by avialaw
Mon May 01, 2017 12:50 pm
Forum: Courts and Procedure
Topic: Failure to weigh evidence
Replies: 8
Views: 2190

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?
by avialaw
Thu Oct 13, 2016 10:42 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: No disclosure after an adjournment - trial coming up
Replies: 7
Views: 1764

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. The reason I bring it up is because usually they'll just have the officer pull you aside go through it with you right then and there. It's a lot easier than the alternative for both ...
by avialaw
Wed Oct 12, 2016 8:38 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: No disclosure after an adjournment - trial coming up
Replies: 7
Views: 1764

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 particular fatal flaw. At the end, it comes down to...
by avialaw
Tue Oct 11, 2016 3:29 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: No disclosure after an adjournment - trial coming up
Replies: 7
Views: 1764

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 radar manual, and a photocopy of the officer's no...
by avialaw
Tue May 24, 2016 9:21 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 34 over, subsection question and notes discrepancy
Replies: 16
Views: 3860

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. The JP said I shouldn't expect to ever see an...
by avialaw
Mon May 23, 2016 9:31 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 34 over, subsection question and notes discrepancy
Replies: 16
Views: 3860

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 Farah and Mirza. The Khoshael reference specif...
by avialaw
Mon May 23, 2016 12:20 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 34 over, subsection question and notes discrepancy
Replies: 16
Views: 3860

Re: 34 over, subsection question and notes discrepancy

Brilliant, thank you very much for the quick response :)

This may be a stupid question, however how would I find out I've been convicted (if the JP doesn't notice the error) - do they have to send me a notice of conviction?
by avialaw
Mon May 23, 2016 10:30 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 34 over, subsection question and notes discrepancy
Replies: 16
Views: 3860

Re: 34 over, subsection question and notes discrepancy

Wow, the speed of everyone's answers is highly appreciated (as the trial is tomorrow). Here is my ticket - all thoughts are appreciated.
QScan05232016_102008.jpg
QScan05232016_102008.jpg (194.58 KiB) Viewed 2557 times
by avialaw
Sun May 22, 2016 11:58 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 34 over, subsection question and notes discrepancy
Replies: 16
Views: 3860

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 adjournment, to prepare my defence, as unexpectedly, I'...

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