Search found 7 matches

by jonnybravo14
Mon Aug 09, 2010 11:36 am
Forum: Courts and Procedure
Topic: Charter challenge questions
Replies: 2
Views: 1502

Ok, so it looks like the play by play of how my case has unfolded thus far is for the affidavit, and the legal argument alone is in the factum, and referenced by the affidavit. So I suppose it makes sense to reference/present the affidavit first then? As for faxing these off, do I need to include fu...
by jonnybravo14
Mon Aug 09, 2010 1:21 am
Forum: Courts and Procedure
Topic: Charter challenge questions
Replies: 2
Views: 1502

Charter challenge questions

I'm submitting my 11b motion this week and have a couple of questions about how to organise it. Where do I draw the line between a factum and an affidavit? I've been writing the affidavit as a rundown of steps I've taken since the charge has been laid and how each has been responded to by the Crown ...
by jonnybravo14
Sun Aug 08, 2010 10:39 pm
Forum: Failing to obey signs
Topic: Fail to obey stop sign
Replies: 8
Views: 2569

Quick question -- hope to get an answer on this! Where do I draw the line between a factum and an affidavit? I've been writing the affidavit as a rundown of steps I've taken since the charge has been laid and how each has been responded to by the Crown and the court system. Then do I make my argumen...
by jonnybravo14
Mon Jul 05, 2010 5:41 pm
Forum: Failing to obey signs
Topic: Fail to obey stop sign
Replies: 8
Views: 2569

Been awhile since I've been on, but my case still has not been heard. The date of the original offence was the 2nd of July 2009. I had my first shot at a trial on the 29th of March. The prosecution had lined up two cases from the same traffic stop (stop sign blitz), and we both wanted trial. The oth...
by jonnybravo14
Sun Mar 28, 2010 6:23 pm
Forum: Failing to obey signs
Topic: Fail to obey stop sign
Replies: 8
Views: 2569

If the JP decides to hear the case, that's exactly the method I think I'll take. For pre-trial motions, is it worth my while to attempt an argument for improper disclosure based on the fact that I asked for a will say statement from any witnesses (the cop) and didn't get one? His notes don't have an...
by jonnybravo14
Fri Mar 26, 2010 1:45 pm
Forum: Failing to obey signs
Topic: Fail to obey stop sign
Replies: 8
Views: 2569

Okay, I got my disclosure now, and there really isn't much to it. They say it was ready on March 5th, but they didn't notify me of that until late on the 18th. My court date is the 29th. I received a photocopy of the front of the ticket only (though I requested front and back), and a copy of the off...
by jonnybravo14
Thu Feb 25, 2010 5:39 pm
Forum: Failing to obey signs
Topic: Fail to obey stop sign
Replies: 8
Views: 2569

Fail to obey stop sign

In July of 2009, I got cited for failing to obey a stop sign. I was in the middle of a move, so my license and registration had the old address, and upon requesting a court date, I changed the address to the new one. I didn't hear anything further on the matter until yesterday (Feb 24th), when I fin...

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