Ontario Highway Traffic Act

Rough Timeline

Charge Date: Oct 5, 2015
Filed for Trial: Oct 17, 2015
First Appearance: Mar 18, 2015
First Disclosure Request: Mar 18, 2015
Initial Disclosure Received: Apr 13, 2015
Second Appearance: May 21, 2015
Full Disclosure Received: May 21, 2015
Third Appearance: May 29, 2015

The initial disclosure provided by the prosecutor's office did ...

I returned from the Newmarket Court House with a family friend last Friday. OPP officer & sitting prosecutor told us that the officer did not need to test the Laser Ally after the traffic stop. The manual only requires them to test the device before the traffic stop.

We were given a copy of his notes and a copy of the testing pages for the Laser ...

http://www.ontariohighwaytrafficact.com/topic1965.html

I believe this is a fatal error. HTA S136(1)(c) does not exist and is not known to law: http://www.ontario.ca/laws/statute/90h08#BK212

Disobey Stop Sign is S136 (1)(a)

You've gotten extremely lucky, please search the forums on how to introduce a forced fatal error. We have many many threads ...

Ontario Regulation 340/94 Driver's Licenses

https://www.ontario.ca/laws/regulation/940340#BK0[quote]9. (1) The Registrar shall, after giving notice, suspend or cancel the drivers licence of a novice driver as provided in subsection (2) in the following circumstance:

1. The novice driver is convicted of any of the offences described in ...

R. v. Kazemi, 2013 ONCA 585 (CanLII)
R. v. Pizzurro, 2013 ONCA 584 (CanLII)

Please read these two decisions in full.

The Ontario Court of Appeal has ruled the crown does not need to prove that you were using the phone; only that you were holding it in your hand. Even if your phone did not have battery power, or didn't have an active phone ...

I recommend choosing option 3 - trial and if there is a box, check off that you want the officer to be present. Once you get your notice of trial in the mail, submit a disclosure request at the prosecutor's office: officer's notes & copy of the manual for his speed measuring device.

Sample disclosure form: http://www.ontariohighwaytrafficact.com ...

Fault Determination Rules: http://www.ontario.ca/laws/regulation/900668

Rules for Automobiles in an Intersection 15. (1) This section applies with respect to an incident that occurs at an intersection with traffic signals. R.R.O. 1990, Reg. 668, s. 15 (1).
(2) If the driver of automobile "B" fails to obey a traffic signal, the driver of automobile ...

Offence
(3) Every owner or lessee of a motor vehicle who,
(a) contravenes subsection (1) of this section or subsection 13 (11); or
(b) surrenders an insurance card for inspection to a police officer, when requested to do so, purporting to show that the motor vehicle is insured under a contract of automobile insurance when the motor vehicle is not ...

Uploaded to dropbox, here are the full decisions.

York (Regional Municipality) v. Chair [2014] O.J. No. 5599
York (Regional Municipality) v. Chair [2014] O.J. No. 4782

I wasn't able to find this on CanLII, but I can share it here if there is interest. Here's the summary:

York (Regional Municipality) v. Chair [2014] O.J. No. 5599 [Ontario Court of Appeal]

Motion by the Crown for leave to appeal a judgment allowing an appeal from a conviction for speeding. The respondent was charged with speeding after allegedly ...

Reporting it directly to the police unfortunately does not work in some jurisdictions. Similar to mine, where I've sent many many roadwatch complaints with zero feedback.

The key here is to communicate with your local councillors; in my area I have a regional and city councillor. The moment I sent them an e-mail with video evidence of multiple ...

If you can convince the sitting JP that testing times are required, then yes.... you're successful. But if the same JP has been convicting drivers for the past decade without testing times, I don't believe any amount of sister/brother JP decisions will persuade them otherwise.

You can definitely recite JP Cuthbertson's R. v. Schlesinger, but that ...

R. v. Schlesinger was made by Justice of Peace Cuthbertson, and although his decision was well written and persuasive it is not binding at your trial. Your trial justice of peace does not have to consider it at all.

As I said earlier, it's up to the trial justice of peace whether he/she wants testing time notations. In Cuthbertson's courthouse ...

On what grounds are you getting this appeal? What happened at the first trial? I'd be very surprised you were able to successfully appeal due to a missing second test time in the notes. There are prosecutors today getting convictions without any notations of testing times whatsoever. It's the trial JP's discretion as to whether he wants to see ...

Just saw this on CBC as well: http://www.cbc.ca/news/canada/toronto/o ... -1.3064957