Ontario Highway Traffic Act

So here is my new motion that I will be submitting before trial when I don't get the whole manual. Could probably be used with a section 7 Stay request when you don't get what you asked for as well. Comments welcome.

NOTICE OF MOTION ASKING FOR ORDER AS FOLLOWS: [/u]

ORDER FOR PROSECUTOR TO DISCLOSE REQUESTED ITEMS

ITEMS REQUESTED ...

In Ontario, when in a 70 zone, you can go 70 right up to the point where the 50 BEGINS, at which point you need to be going 50.

In Ontario, when in a 50 zone you should go 50 right up to the point where the 70 BEGINS.

Although the signs are giving you warnings that a new speed will begin ahead, it is still not that new speed zone yet. The posted ...

You sent me a couple PM ... here is answer:

WHAT SHOULD I DO? HOW DO I FIGHT MY TICKET?
Regardless of how simple or complex the charge is (from parking tickets to DUI), you have the RIGHT to a fair trial and a RIGHT to see the evidence they have against you. Even if you admit to doing whatever you were charged with, you still have these rights ...

If it was a 50 and you admit to going 60 then you will be charged as you will have testified against yourself, regardless if the 60 was just ahead.

When it's your word against the officers, guess who they are most likely to believe?

I was searching CANLII and I can not find any binding ONCA court of appeal cases either. Only ONCJ level with JP decisions.

I had been led to believe that there were some binding cases out there. Anyways if you come across one, post it here.

It actually orders the disclosure of the testing pages AND the operation of unit pages. And I am aware that there are not any cases ordering the whole manual. What I want to know is what binding cases are out there with regards to what sections need to be provided.

This case mentioned above is not binding anyways, however if you read it closely ...

1. In my opinion, yes it is always worth it to fight it.
2. Yes most likely it will cause your rates to go up, even if it is 0 demerits.
3. The back of the ticket will tell you your options. You want NOT GUILTY with a TRIAL option. You may be able to mail it in, but some places require you to go in person.

WHAT SHOULD I DO? HOW DO I FIGHT MY ...

Yes that case was confusing me because I did not think a JP could hear an appeal. But it lists those involved as "Applicants/Respondent" which is what you usually see at an appeal as opposed to a "Defendant".

Thanks for looking.

I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.

I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.

The most recent that I can find is:
Thunder Bay (City) v ...

Either give the original poster your time by posting a response specific to their situation or don't post at all. We're not going to do this thing where you link back to your threads every time someone asks a question. Your generic thread failed to warn the poster of a potential suspension.

If there was more to add than my generic response, then ...

Read this thread: http://www.ontariohighwaytrafficact.com/topic7678.html

Then post any questions you have back in this one.

The handheld device ticket WILL affect your insurance. You should consider fighting it.

Read this thread first: http://www.ontariohighwaytrafficact.com/topic7678.html

If you have more questions, ask them back here in this thread.

I seem to give the same advice over and over again, so this will be my generic answer that I can refer everybody to, which will save me some typing!

WHAT SHOULD I DO? HOW DO I FIGHT MY TICKET?
Regardless of how simple or complex the charge is (from parking tickets to DUI), you have the RIGHT to a fair trial and a RIGHT to see the evidence they ...

If there was an accident and you have a green light and an emergency vehicle (even with lights and sirens on) goes thru a red light, the emergency vehicle would be at fault not you.