Search found 1722 matches

No you can't appeal if you win. That's ridiculous.
It seems ridiculous, but should be allowed... How does the average person who can not afford a Supreme Court challenge stand up for everybody else and these court rulings recognized?
So after reading R v Jackson 2015 ONCA 832 (paragraph 45 to 59) I think that you could actually file an appeal ...

Yep!

You also quoted incorrectly...

Reg. 144/91: OATHS AND AFFIRMATIONS (and seems duplicated in Reg. 268/10: GENERAL)
2. The oath or affirmation of office to be taken by a police officer, special constable or First Nations Constable shall be in one of the following forms:
I solemnly swear (affirm) that I will be loyal to Her Majesty the Queen and ...

I just found this:
https://www.fsco.gov.on.ca/en/auto/brochures/Pages/brochure_autoins.aspx

Exclusions in Standard Auto Policy

Recognize that:
Mechanical failure or breakdown, rusting, wear and tear, freezing or explosion within the engine and damage to tires, are not covered unless they result from an insured peril (such as a collision ...

My understanding is that the insurance company would have to cover any liability claims for damage (say to property or signs or telephone polls).

I am not sure about the vehicle itself though and whether they have to cover it or not.

Was the car and insurance in your sons name or in somebody else's?

There is no special form that you need to use. They have one that you can use if you want, but basically you just need to say "I am requesting disclosure for my ticket #12345. Please provide me with officers notes."

You wait until the trial date to meet with the prosecutor. Or in you could try to meet with prosecutor before trial date if you want, but make sure you are past the 6 month mark from date of ticket.

As far as disclosure goes, you DO need to see the officers notes to see what he wrote down. The prosecutor will probably want to see them as well ...

My concept is that there needs to be harm, injury or damage. Harm can be defined as simply as "being scared", so nobody has to be hit or injured and nothing has be damaged for this to apply. An example would be erratic driving like weaving in and out of traffic on the 401.

I guess if I ever run for Premier's office, I won't get your vote!

I'd love for you to go and tell the family of someone killed by a speeder that you think speed enforcement is not doing what's right.

If enforcement was so effective then nobody would get killed by speeders!

Some speeds are not safe. But speed limits are not about safe speeds. They are just a random numbers on a sign.

I have seen 50 zones ...

Usually you do not request disclosure before a SUMMONS date. At a summons date there are several things that can happen:

(1) You can just plead guilty (not recommended).
(2) If offered a plea deal, you can plead guilty to plea deal. Not usually recommended, but in this case stunt driving is a SERIOUS offence for insurance purposes and your rates ...

HTA says:
Obeying lane lights
144(10) Every driver shall obey every traffic control signal that applies to the lane that he or she is in.

Okay so this is good news for you!

Do NOT tell the prosecutor that the charge is the wrong one, until after 6 months have gone by. It you tell them it is the wrong charge, they could withdraw it and re-issue ...

Actually the manuals for Decatur Genesis radar conveniently says nothing about regular maintenance or recalibration. Manual says if you press the test button and if it says PASS then the unit is in perfect working order and nothing could be wrong with it!

The excessive penalties described here are insurance costs, nothing to do with the police nor even the government.

The government makes insurance mandatory and therefore we have to pay for it or else they send their guys with guns to enforce it. The government is the one sending the police to charge for pre-crime speeding when there is no proof ...

Did you receive a SUMMONS with the October 20 court date on it?

Or did you get a NOTICE OF OFFENCE and then you pled Not Guilty and requested a trial, and October 20 is the Trial date they sent you on a Notice of Trial?

What is the exact charge and section number on your ticket?

So you already plead not guilty and got a trial date?

Yep, it is "legal" robbery... they have the guns and jails so they can legally rob you!

Now more on this...

...initial alleged offense and never proven in a court of law...

So I am confused by this... you were never convicted of the speeding charge?

I am pretty sure that insurance can not use a roadside suspension against you. You have to ...

My first thought is that if the phone is off, then it is NOT capable of receiving or transmitting:
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or ...

My first thought is that if the phone is off, then it is NOT capable of receiving or transmitting:
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or ...

No, once the trial starts any deals offered are gone. You only get the deal if you agree to plead guilty to it before the trial starts.

So you probably took the best choice, given that the officer most likely would have shown up if prosecutor called them.

What is the exact charge and section number on the ticket?

Can you blank out the personal info on the ticket and scan and post so we can check for fatal errors?

Yes its possible they can do that.

But remember you can tell prosecutor you want to plead not guilty and then when the trial starts they will say one of two things...
(1) we are not ready to proceed (officer is not there) and are withdrawing the charge, OR
(2) we are ready to proceed (means officer is there).

If (2) happens then you can just say ...

A quick note signed by your son is all you need that says "I authorize so-and-so to represent me on this matter."

When you get your notice of trial, that is when you file for disclosure. Basically you are going to ask for a copy of officers notes and any video if it exists.

Although the location on the ticket is incorrect, this could be amended ...

Have you read thru the whole R. vs. Jackson [2015] ONCA 832 case?

It is actually a gold mine!

The case law does set a new higher standard for "likely relevant" with regards to Third Party O'Connor request, but there is lots of good stuff in this case too.

Basically it says that crown prosecutor is first party and police are third party ...

You should advise the Prosecutor and the Provincial Offences office that you will have video evidence that you want to present and that you require XYZ to play it.

Then when you show up, you can expect that they will most likely NOT have anything for you to play your video on.

They may want to keep the video you bring as evidence, so the best ...

No difference... always fight means do something, and dont just plead guilty and pay. I understand that when something is SERIOUS by insurance purposes that it might be better to take plea down to a MINOR insted of risk fighting it. But you should still always get disclosure before making a final decision.

Is disobey stop sign fail to stop a ...

Can anybody order a subponea? Can I just make one up and send it to OPP directly myself?

This is something new for me, so I am making the assumption that it has to be ordered by JP or Judge.

Yes so the main argument that a prosecutor can bring is that the records are not in their possession and therefore do not fall under the Stinchcombe requirement to disclose.

I am preparing for that outcome as well, although any help of suggetions would be great.

My understanding is that after my motion to get disclsoure is dealt with, if there ...

My opinion is that you should always fight every ticket and never just pay.

Option 2 meeting with the prosecutor will be a waste of time.

Choose option 3 not guilty and request a trial with the officer present. Once you get Notice of Trial, you can then request disclosure (officers notes). Once you get the officers notes, blank out personal ...

And as an FYI...

Frivolous: Action brought without legal merit and/or meant to harass, delay or embarrass.

Vexatious: Action brought without sufficient grounds for winning, purely to cause annoyance.

My opinion is that if you can prove an item is likely relevant, then it is not frivolous or vexatious.

The response above is totally expected and the norm in Ontario.

I actually have a trial next Thursday in Orillia for a friend. I have not received anything with regards to disclosure yet. I am preparing a motion that I will submit later today to argue the relevancy of all the many items I have requested. But I will of course get the same response ...