Ontario Highway Traffic Act

This guy is an idiot.

Is he representing himself?

When is your conferene hearing?

Where was the damage to his car?

In the very front?

The side of the car?

Tell me exactly?

Who are these witnesses he's calling, too?

You should get a copy of the police report filed by the cop.

You say you got the ticket on Oct. 29. You say you have to make a decision by Nov. 12.

You have 15 days to respond. Oct. 29, the day you received the ticket doesn't count. The days begin on Oct. 30. From Oct. 30 to Nov. 12 is not 15 days. Weekends and holidays are not included. Nov. 11 is a government holiday.

If the dates you provided are ...

If a ticket has an error on it the ticket is not regular on its face.

The ticket has to be filled out correctly.

If you don't go to court and it's not filled out correctly, the justice cannot fix it.

If you go to court and it's not filled out correctly, the justice can fix it.

Did the cop put in the fine amount?

If so, what is the amount he ...

If you do nothing and the ticket is regular on its face, the justice can enter a conviction without your presence. If the ticket is not regular on its face the justice must quash the proceeding.

If you check off the box that you intend to plead not guilty and request a trail, then you dont show up, or, you do show up, and the ticket is not ...

The HTA is quasi-criminal. This whole thread deals with a offence under the quasi-criminal HTA. Impaired driving under the HTA is a true criminal offence. So is dangerous driving, criminal neglience causing death or injury, street racing, and many other offences.

If you file an application for certiorari you will serve the crown, justice and counsel who misrepresented you. You will need to prove he misrepresented you and that the trials result were compromised and your son suffered a miscarriages of justice as a result.

You will meet this test based upon the facts in this case.

You will also seek costs ...

Rules of court.

http://www.canlii.net/on/laws/regu/1994r.722/20061120/whole.html

EXTENSION OR ABRIDGMENT OF TIME

Judges power

8. (1) A judge may extend or abridge the time for bringing an appeal and for doing any other act in connection with an appeal for which a time is prescribed before or after the expiration of the time prescribed. O ...

The courts care. They offen refer to other Provinces for guidance. They also refer to other commonwealth countries. Are you sure you're really a cop?


Manitoba

"sidewalk" means a footpath, whether or not paved or improved, that is intended primarily for the use of pedestrians and that either

(a) forms part of that portion of a highway that ...

Procedural Protocol dealing with allegations of professional incompetence and miscarriage of justice by paralegal practitioners.

http://www.canlii.org/eliisa/highlight. ... cj253.html

A sidewalk is not defined in the HTA or Municipal Act. It is however defined in section 119 of the BC Motor Vehicle Act .

Both the HTA and MVA define cross walk with reference to sidewalks, thus the sidewalk definition in the MVA would be applied to Ontario by a court.

BC Motor Vehicle Act

http://www.qp.gov.bc.ca/statreg/stat/M/96318_05.htm ...

Surveys Act

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90s30_e.htm#BK61

Public roads, etc.

57. Subject to the Land Titles Act or the Registry Act as to the amendment or alteration of plans, every road allowance, highway, street, lane, walk and common shown on a plan of subdivision shall be deemed to be a public road ...

Your case at this point has concluded. As mentioned, you need to request the Judge allow you an extension of time to appeal and waive the requirement that you pay the fine up front. This requires you to file a motion. The judge could refuse your request.

However, your sons Charter rights have been violated, so in my opinion, you can file a ...

The City of Toronto Act , 2006 makes reference to an untravelled portion of a highway and sidewalk under s. 42.

The Supreme Court of Canada rendered a decision in a case dealing with sidewalks and stated;

"There would have been no need to refer to sidewalks in these provisions if sidewalks were included in "untravelled portions" of roads or ...

Section 7 of the POA also allows one to plead guilty with represenations as to penalty. This allows the justice to impose a fine below the set fine. However, if the accused says anything in his representations that appear to contest his guilty plea, the Justice must hold a trial and cannot accept his guilty plea.

Plea of guilty with ...

POA s. 3(2)(a) clearly articulates that the set fine must be indicated on the offence notice, but 3(2)(b) does not state the set fine must be on the summons.

If you commit an offence the issuing officer can proceed by way of offence notice or summons. If he proceeds by offence notice you are entitled to the set fine. If he proceeds by summons, it ...