Ontario Highway Traffic Act

If you appeal and are successful, it will be wiped off your MTO record. If you appeal and are not successful, then the conviction will stand.

Just curious - is this hypothetical or did the JP reject your 11B? 13 months is absolutely long enough for an 11B.

Hypothetical... :D

I need a plan B if my 11b fails, it's a worst case scenario.

So ...

Yes, ticket combat confused me a bit.

If you read my post in this topic (26/11/2010 4:13 pm), you'll see the exact sequence I followed.
I was successful in serving everyone involved.

Note: commissioner of oaths -> the clerks working in the ticket office will do this for you, most of them are.


Commissioner of Oaths

*** Ask the clerk if they ...

Did you have your 4f sworn before a commissioner of oaths?

Please read my posts here from 26/11/2010 4:13 pm and below: http://www.ontariohighwaytrafficact.com ... 08-15.html

I didn't use a 4F, I used a Notice of Application for Stay of Proceedings (http://scopezoom.com/11b/StayPDF.pdf).

It has to be sworn before you serve the prosecutor.

Read my posts here (page 2): http://www.ontariohighwaytrafficact.com/topic2808.html

I went to the Markham Rd. court office last week to watch some cases like OP did.

I entered room 8 and apparently they were dealing with parking tickets only.

Anyway, most of the parking tickets were issued around September of 2009, that's 15 months ago!

Everyone accepted a deal from the prosecutor and paid $10....

11b motion is heard pre-trial. If your motion fails you will be required to enter a plea and either proceed with trial or plead guilty. You may appeal the 11b decision after the completion of the case.

If I appeal the 11b decision, will the conviction still show in the MTO records?

My goal here is to avoid the possibility of my insurance ...

Ashkov: I printed up to page 6 of the pdf inside attached zip file.
Morin: I printed up to page 8 of the pdf inside attached zip file.

Insurance companies don't care about demerit points.

All they want to know is about convictions.

If you're convicted of this one, then your insurance may increase (that depends on company forgiveness too etc).

Perhaps you can consider fighting the ticket.
A lot of things can happen, like officer not showing up, delayed trial, etc.

Yes, it's 326, my form is wrong.

Got both phones from here:

http://www.ei.gc.ca/eng/umpire/attorney_general.shtml

Attorney General of Canada
284 Wellington St.
Ottawa, ON K1A 0H8
613-992-4621
Fax: 613-990-7255

Attorney General of Ontario
720 Bay St., 11th Floor
Toronto, ON M5G 2K1
416-326-2220 or 1-800-518-7901
Fax: 416-326-4007

The trial day comes and lets suppose the judge rejects my request for stay of proceedings based on 11b.

According to the judge, 13 months isn't that much time, so he decides to proceed with the trial.

He asks me to plead.

What should I do?
How can I appeal the refusal of the stay of proceedings?

Yes, mine was like the file attached to this post.

I just came back from from the Court Office (1530 Markham Rd).

Mission accomplished!

I served them all. The clerks were very polite and helpful. But I spent like 3.5 hours there.

I have a few comments though. I followed the steps described by Radar slightly different.
I had 4 copies of the Notice of Application for Stay of Proceedings.
As soon ...

I used an affidavit format instead of a Sworn Statement. ...
... I printed off three copies, went to the fourth floor of the Markham Road courthouse, to the Prosecutor's office (turn right, then left, end of the hallway) and served them.
... I took the fax receipts, filled out a couple of quick affidavits indicating I had served the notices, went ...

^^^ answering my own question:


An Application for Stay of Proceedings is also known as a "notice of Constitutional question" or a "Constitutional challenge" and is known as a preliminary motion, which has to be dealt with by the Courts, prior to the actual trial of the facts or merits of the case.


Therefore all I need is the Notice of ...

I'm starting to get confused now.

I have the Notice of Application for Stay ready (looks like this: http://scopezoom.com/11b/StayPDF.pdf).
I will make 6 copies according to this guide: http://scopezoom.com/11b/application-fo ... edings.pdf

What exactly is the 4F form?
What about the affidavit?

What's my next step?

Thanks!