Ontario Highway Traffic Act

As per the Winlow decision, the prosecutor must give you the Winlow Warning (notice) BEFORE you are arraigned (i.e. enter your plea). While the prosecution can certainly notify you of their intention to 'amend up' (Winlow Warning) anytime before you plea, in practice they usually wait to see you in person---either at your resolution meeting or on ...

The legal authority for 'amending up' and recognizing police discretion to reduce the rate of speed is the Ontario Court of Appeal decision in Winlow . That's the case the prosecutor and court will rely up since it is the leading authority. When they talk about giving you a 'Winlow Warning'---that's what they mean; they are notifying you that they ...

As has been stated already, I wouldn't waste time and money getting transcripts yet until you are absolutely certain the suspension you are talking about was NOT on your abstract (record) when you plead guilty. After all, if your guilty plea WAS proper, then you'll have virtually no likelihood of re-opening the case.

As for your questions whether ...

By default, its too late to file an appeal. The limitation period is 30 days from the date of the decision you are seeking to appeal. However, in limited cases, a person CAN seek judicial permission to file a Notice of Appeal after the 30 days. In those cases, you have to file an Application for Extension of Time to Appeal and explain why you didn ...

The speeding fine amount is correct. The cost is actually $2.50/km as per the 'set fine' amounts; not the statutory rate you are referring to. So, the fine should be; 18x$2.50 =$45 plus $5 court cost plus $10 victim fine surcharge for a total of $60.

You can choose option B for both tickets to meet with a prosecutor. They will likey drop the ...

First off, your appeal does not go to the Ontario Court of Appeal (at Osgoode Hall in Toronto). Rather, it simply goes to the Ontario Court of Justice----the appeal is heard by a judge as oppose to a justice of the peace.

Secondly, you likely don't have a winnable appeal. After all, the JP would either need to have made an error of law or a ...

You can request a trial and see if they'll reduce it to a 15 over at trial, but you should know that its not entrapment (doesn't even come close to the legal test for such!). The officer did nothing to make you or encourage you to speed---in fact, he was AHEAD of you. Rather, you just figured that if the officer was speeding, then you could too ...

The officer saved you money on towing and storage fees. He really did you a favour!

So, now, get a friend with a valid licence to drive the car to your place. Don't wait for the church to tow the car since it'll cost you more. If you can't do this tonight, then call the church first thing tomorrow morning and let them know why your car is there ...

@highwaystar thank you for your input into this discussion, it's been very helpful.
Thanks iFly55.

I'll try to answer the question of what happens if you disagree with the fault determination.

As per section 263(4) of the Insurance Act , the insured must sue the insurer. That is consistent with all Ontario auto insurance policies. You can also ...

But, you seem to always forget about YOU in the equation!!!! The fault determination rules don't explain what happens when BOTH parties disobey the traffic signal. They DO make provision when it can't be determined if either party disobeyed the signal----(that's section 15(3))---50-50 fault.

But, in this scenario, it may very well be that they ...

Argyll's point illustrates the real dilemma with this scenario. I agree that perhaps the first vehicle making the left needs to be in the intersection (i.e. to pull up to see the live lanes if cars are blocking his view), but the red pickup was in the wrong. He should have waited at the stop bar and only proceeded in to intersection once it was his ...

You're content and that's all that matters. So, rather than waste more time, I'll just end it here and bid you good luck with your case(s).

If the court date is within 6 months of the offence date, they'll just re-issue the summons and personally deliver it. All your friend likely is doing is just delaying the matter. Still, there's nothing wrong with forcing them to do their job correctly and it doesn't harm her in any way.

I think its now clear that you don't want to accept any fault whatsoever, no matter what the law says (or is silent on) or what any of us tell you. As previously mentioned, you advanced through the intersection when it wasn't clear. Forget about the car you hit----the red truck is right in front of you making a left and yet you're already ...

Check out section 144(8)---even though the green light permits you to proceed, you must yield right of way to those using the intersection lawfully. No matter how you cut it, you simply didn't do that--especially to the red truck turning left.

The next issue is whether the Caravan was lawfully using the intersection. Arguably, the accident would ...