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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!

Another question:

My court is the Toronto East Court Office on 1530 Markham Rd.
Should I change the parts in yellow below?
I'm confused with the naming of the courts.



Thanks.

Here's another newbie question:

The sworn statement of the application for stay has the following paragraph:


... which would mean, that for the first appearance, over 14 months would have elapsed, before I had the first opportunity to challenge the alleged offence, which I did not commit.


Should I take the part in red out?
If I understood ...

So if I don't need a blue cardboard, do I still need a blank white page as a cover to be stamped?

Also the table of contents mentions tabbing.
How do I tab the sections?
Should I put an indented label?




Thanks!

As an FYI, I have sought a professional opinion from someone who is very familiar with the process, to ensure that I get the paperwork correct. Just keep in mind, if you do fax or mail the Attorneys-General, you need to have an Affidavit of Service for them. (Yes, this is just barrels of fun, isn't it?)


Hi Radar,

Did you pay for the ...

These are all the forms I have downloaded and are being filled with my case/info:

- Form 16B (Affidavit of Service)
- Form 4F (Notice of Constitutional Question)
- Notice of Application for Stay of Proceedings

Am I missing a form?
Do I really need a factum?
If I understand correctly, if I list all my facts in Form 4F, then I don't need a factum ...

Hi Radar,

Are the following steps described by Ticket Combat correct?
http://www.ticketcombat.com/step4/howtofile_harder.php

----------------------------------------

How To File the Paperwork - The Hard Way

"11B"

Take all three documents, the form, the factum (if you have one) and the affidavit to the court house. You will need three ...

^^^ It's quite a journey...

After how many days or weeks do insurance companies have access to the information that you've been convicted?

I'm confused now.

There are two forms:

1) notice of application for staying of proceedings
2) 4F form?

My trial date is around December 23rd.

May I submit the notice of application for staying of proceedings now or is it too early?

I'll be using this template, please tell me if it's ok (begins in page 8 ):

Notice of Application Template

Many thanks!

If the interpreter doesn't show the JP may stay the charges, but that's their call. They will not proceed without an interpreter unless you agree to waive your request for one. The other possibility is that they will adjourn to a later date. If the officer doesn't show the crown will withdraw or ask for an adjournment.

If they adjourn because of ...

I was given this ticket for rolling through a stop sign. I'm not sure that I really rolled through, because I always come to a full stop. This time however, there were tens of bicycle riders coasting through the same stop sign and I may have coasted.
The police officer was parked well back of the intersection and the approach path to the stop ...

Yes, I chose to request an interpreter because English is not my first language and I don't speak it fluently, though I can write.

If the cop or interpreter don't show up, should I request to stay the trial?

Or should I proceed with the 11(b) argument in my native language?

Thanks again.

I'm afraid this could backfire on me.

First, a little history:

My traffic ticket was for Disobey Stop Sign - 136(1)(a).
According to the officer, I was also following too closely the car in front of me.
I believe that info will be in his notes.
But he issued that one ticket only.
Anyway, I chose option (3) and requested an interpreter too.

Got ...

Thanks.

So there's no risk of them calling me before 2pm, right?

When do they end the day, around 4pm?

Regards.