Search found 380 matches

by highwaystar
Fri Jan 09, 2015 4:02 pm
Forum: General Talk
Topic: Parking ticket after having moved car
Replies: 4
Views: 1693

Re: Parking ticket after having moved car

Make sure you properly review Ottawa's parking by-laws. For instance, you can't street park within 300 meters of the same street park location you were at within the previous hour. This rule is in place so as to avoid people simply moving their car and coming right back to the same locale.

Here's an extract of some of the relevant parking rules ...
by highwaystar
Thu Jan 08, 2015 11:32 am
Forum: Careless Driving
Topic: Careless Driving Charge - Case Law Presentation
Replies: 9
Views: 5191

Re: Careless Driving Charge - Case Law Presentation

The prosecution has no power to restrict your driving privileges medically---only the MTO does. Even if you're convicted (which seems extremely unlikely to result if you can corroborate your diagnosis), the JP could only suspend your licence (as part of the sentence for careless driving). That is a form of punishment, whereas a medical suspension ...
by highwaystar
Wed Jan 07, 2015 12:46 pm
Forum: Careless Driving
Topic: Careless Driving Charge - Case Law Presentation
Replies: 9
Views: 5191

Re: Careless Driving Charge - Case Law Presentation

I don't think you'll have much difficulty getting acquitted on the careless charge if you've got the medical corroboration for Vasovagal. As I didn't know what your diagnosis was, my concern was whether the MTO was going to medically suspend your licence. However, by the sounds of things, you have already satisfied any concerns the MTO may have ...
by highwaystar
Wed Jan 07, 2015 10:46 am
Forum: Careless Driving
Topic: Careless Driving Charge - Case Law Presentation
Replies: 9
Views: 5191

Re: Careless Driving Charge - Case Law Presentation

You'll definitely need corroboration of your illness from a qualified physician. More than likely, the prosecution will request that the physician appear in person so that they can cross-examine him/her to assess whether they are confident that your illness is what caused your actions at THAT time and not something else like speeding, etc. A ...
by highwaystar
Wed Dec 31, 2014 5:55 pm
Forum: General Talk
Topic: Warning tickets
Replies: 6
Views: 9638

Re: Warning tickets

Thanks for the scan. I'd never seen one before. Peel region is always so innovative.
by highwaystar
Wed Dec 31, 2014 9:47 am
Forum: General Talk
Topic: Warning tickets
Replies: 6
Views: 9638

Re: Warning tickets

I've also never seen such a warning ticket. Can you scan a copy of one (e.g. the careless charge)? Remember to block out any confidential info.
by highwaystar
Wed Dec 31, 2014 9:43 am
Forum: Courts and Procedure
Topic: Collision with tree gets a careless driving charge
Replies: 7
Views: 3111

Re: Collision with tree gets a careless driving charge

As previously mentioned, definitely retain a lawyer. Anything you say or do on your HTA charge could have significant impact on any claims you need to pursue down the road (e.g. WSIB, insurance benefits, etc.). I'd worry much more about your ability to recover damages and long-term pension benefits then the $400 you'd pay if you're guilty on this ...
by highwaystar
Tue Dec 30, 2014 9:57 am
Forum: Courts and Procedure
Topic: Collision with tree gets a careless driving charge
Replies: 7
Views: 3111

Re: Collision with tree gets a careless driving charge

You should hire a lawyer ASAP. Beyond the HTA charge, you need to figure out your Worker's Comp benefits/entitlements and whether you'll also be able to sue for the malfunctioning vehicle. It may be that the business that employs you is NOT the same company that provides the vehicles to your employer (thereby removing the restriction from being ...
by highwaystar
Mon Dec 29, 2014 11:15 am
Forum: Driver failing to wear a seat belt
Topic: Drvr Recvs Warning (Rear Plate Lamp), Passenger St Belt Fine
Replies: 6
Views: 3933

Re: Drvr Recvs Warning (Rear Plate Lamp), Passenger St Belt

Thanks for your sharing your story. Its a great example of how NOT to behave when talking to police at a roadside stop, especially if you're just a passenger. A great ending too---the officer only charged you instead of the driver. Karma! They should actually make a promotional video of your scenario.
by highwaystar
Thu Dec 25, 2014 8:26 pm
Forum: General Talk
Topic: Affidavit Evidence?
Replies: 4
Views: 1852

Re: Affidavit Evidence?

My apologies. These are the correct links to the Provincial Offences Act and the Courts of Justice Act

The R v. Wilson decision is found here.
by highwaystar
Thu Dec 25, 2014 4:25 pm
Forum: General Talk
Topic: Affidavit Evidence?
Replies: 4
Views: 1852

Re: Affidavit Evidence?

There rarely is any one-stop-shop legislation in common law based jurisdictions like Ontario. Rather, you have to refer to many sources of legislation, regulations and case law. You'll therefore need to at least be acquainted with the following (to name the most obvious ones):

Highway Traffic Act
HTA: Seat Belt Regulation
Provincial Offences ...
by highwaystar
Thu Dec 25, 2014 10:44 am
Forum: General Talk
Topic: Affidavit Evidence?
Replies: 4
Views: 1852

Re: Affidavit Evidence?

The simple answer is No. If you really need the mechanic for your case, you can simply ask for a subpoena. The mechanic doesn't get to choose whether to attend or not. Only in very exceptional cases will affidavit evidence be permitted in lieu of viva voce evidence----accommodating the schedule of reluctant witnesses is not one of them!

By the way ...
by highwaystar
Tue Dec 23, 2014 5:12 pm
Forum: General Talk
Topic: Caught speeding but received someone elses ticket
Replies: 4
Views: 2048

Re: Caught speeding but received someone elses ticket

I agree with what the others have said---I too would disregard the ticket. A lot of errors are currently being worked out of the system on the new 'e-ticket' roll out. Your ticket will therefore likely be dismissed or withdrawn if it is so flagrantly wrong. Such is to be expected when implementing any new system. However, in due time, the system of ...
by highwaystar
Fri Dec 19, 2014 3:22 pm
Forum: Improper right turn
Topic: Beware of paralegals!
Replies: 5
Views: 3162

Re: Beware of paralegals!

As you didn't retain the paralegal nor likely instruct them to contact the prosecutor on your behalf, then you SHOULD file a complaint with the Law Society---the paralegal was acting outside of their authority. They should not have interfered with your case. While you likely won't get any compensation out of it, the paralegal should learn from ...
by highwaystar
Fri Dec 19, 2014 10:31 am
Forum: Improper right turn
Topic: Beware of paralegals!
Replies: 5
Views: 3162

Re: Beware of paralegals!

I don't think its fair to jump to conclusions and accusations like that without more details and an understanding of how things are commonly done. First off, did you retain the paralegal (after all, why were they negotiating on your case)? You state they were doing so on behalf of the prosecutor---are you sure that's what happened? Secondly, how ...