Ontario Highway Traffic Act

Yeah I already contacted my insurance company and they said they are going to take care of it. So at this point I can't really do anything since it is in the insurance hands now.

yeah lists the parties which is me and the lady and has a stamp that says the superior court of justice and a signature with the ministry of attorney generals address. Everything else is just the technical jargon that she wants to steal my insurance money

You'll have the opportunity to cross-examine her over the inconsistencies. Of particular note, you'll be able to go after the fact that she told the officer she'd been released from hospital without injury. She'll have to show that she actually has a hospital record. You may have to summon the officer to get him to testify as to what she said.

I ...

Below is a summary of a combination of the detectives report, her statement and the officers notes who she spoke with when she reported the incident.

What I find odd is that both In her statement and the police report summary it says that she MANAGED to get HERSELF off my hood and able to record my license plate. However in the civil suit I got ...

Zatota wrote: Wed Apr 11, 2018 7:15 am What's the date on the claim? It should appear near the top of the first page. That's the date that matters.

There is no date on the first page. On the second page says March 29, 2018 which is 3 days before the 2 year mark.

is there a reason why they would wait to the last second?

Normally in a civil suit the onus is on the plaintiff to prove negligence. However when it comes to an accident between a vehicle and pedestrian the plaintiff does not have to prove negligence due to section 193 of the Highway Traffic Act:

193 (1) When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus ...

It sucks that this thing has come back to life. The fact that she has switched law firms is completely irrelevant. She may have found a different firm she prefers. Also, the fact she did not show up for your trial is likely irrelevant. Of course, if a lawsuit ever goes to trial, you or your representative can question her about why she didn't ...

Hi Everyone,

It's been a while since I have been active on this post. Hoped I would never have to deal with this case again but I just got served with papers because the lady wants to sue me for personal injuries. I already contacted my insurance and sent them the papers.

What I find weird is that the letter I got from her lawyer back when I was ...

In the past, I've just sent in a letter (by mail or fax) to the courthouse - something along the lines of what I attached below.

Dismissed:
A justice can dismiss a charge if:
- the prosecution does not appear at trial
- the prosecution offers no evidence or insufficient evidence at trial
- the defendant is found not guilty at trial

Withdrawn ...

Yes, you can request a transcript of the hearing. The transcript will likely be short and not cost very much money.

Alternatively, you can request for a "minute" from the court in accordance with section 62 of the Provincial Offences Act :
" Minute of conviction
62. Where a court convicts a defendant or dismisses a charge, a minute of the ...

This way her civil suit will most likely also be thrown out.

That's very good news that the charges were withdrawn. Although I wouldn't necessarily leap to a civil suit being thrown out. You were not found to be not guilty at the end of a trial that you can point to with a court transcript. Your charges were withdrawn without trial based (on the ...

Thanks guys. Your support was very much appreciated. Now first thing I need to do is call up my insurance and let them now that the charges were withdrawn and tell them that this lady never showed up to testify. This way her civil suit will most likely also be thrown out. She probably thought I was going to simply go in and plead guilty, sucks for ...

Hi Guys,

So I had my court date last Friday, and the lady still never showed up. So the prosecutor withdrew the charges. I literally just went up said my name in front of the judge and then the prosecutor stated that, "We will not proceed with the trial on the account that the witness has not shown up. This is the second trial now the witness was ...

What everyone else said. Stay quiet and if the officer follows up politely tell the officer you do not wish to make any statements if there are no charges being laid. If he insists on telling you that you have to tell your side of the story ask him are you forcing me to make a statement against my own free will. if he says no, say then i don't want ...

Make sure you instruct your paralegal that you will absolutely NOT take any kind of plea deal. Send it to them in writing, both by email and by regular mail.

Just my opinion, but I would suggest that in this case you DO need to go to court and testify your side of the story as well.

Sounds good. And yes I will have to go to court and testify ...