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An issuing officer must issue a certificate off offence and an offence notice. So I suupose he was right in that the certificate of offence doesn't require the set fine amount to be posted on it, but the notice of offence does.

Great case on the link below for many reasons. Must read indeed.

http://www.charged.ca/pdf/Darell%20Wells.pdf

As I mentioned, the justice was required to ensure the guilty plea was valid.

I agree with TC.

P, do not give the driver a cent at this point. Do not cash the insurance cheque. I think you should send it back.

Do what you feel best, but you don't owe the driver anything, or at least not the full amount.

You should request your insurance provide you legal counsel, instead of giving him money he doesn't deserve.

I have no clue why your insurance is cutting him a cheque when they haven't even invesitgated. Seems really odd to me.

If you get to appeal ...

If they even have a clue, they will tell you to request that the judge provide you an extension of time and waive the right t pay the fine prior to filing an appeal.

Theyre clueless, though. First they said your conviction under Part III. You son was issued a ticket, which is Part I; not III.

They told you that you have to pay the fine before ...

TC, indictable offences under the CCC has no limitation period. Summary offence has a 6 month limitation period. The CCC provides various ways of appeal. The POA does too but Im stumped on what were facing here. It appear one must request an extension of time to appeal.

P, they claim you have 30 days, but this is incorrect. You have 15 days, but ...

PART V of POA

GENERAL PROVISIONS

Interpretation

76 (3) In this section,

" document " includes a certificate of offence, certificate of parking infraction, a certificate requesting a conviction, an offence notice and a parking infraction notice.


Penalty for false statements

86. Every person who makes an assertion of fact in a statement or ...

piezomot, post a copy of your email, please.

TC, according to s 11(1) of the POA, reopening only applies under Part I if the accused was convicted without a hearing, and only if they apply within 15 days becoming aware of the conviction. I'm not sure what is proper procedure in a case like this.

Reopening

11. (1) If a defendant who has been ...

Rules of court.

You can request a judge extend the time for bringing an appeal. You can request the judge waive the requirement that you pay the fine before filing the appeal. You must file a motion to achieve this request. Form 37A. Filing a notice of motion cost $180. If you win you still have to proceed to the appeal hearing. It would take ...

You should be able to speak to the Crown on the phone, but they might have to call you back. A Justice cannot speak you about the case outside of court, though.

You should be able to speak to someone in the Registrar's office by phone.

Have you read s. 313 27 (D) of Torontos Municipal Code yet?

Are you satisfied that a sidewalk in TO is not a ...

Why can a highly paid and highly trained cop not be able to fill out a ticket properly when they fill out tickets all day long?

Why would a Crown allow your son to plea guilty to an offence he cannot be found guilty of?

Why would a Justice allow your son to plea guilty to an offence he cannot be found guilty of?

Lazy. Incompetent. Both.

The ...

Radar Identified is correct. Section 199 of the HTA required the driver to report the accident to police. He was driving on a highway. Your son was not and had no obligation to report.

Like "shall" and "may," the courts have also ruled that the word "and" and "or" have meaning. In short, the word "and" means both. This and that. The word "or ...

He was required to report it. You want disclosure of when he reported it and what reponse they provided him with there investigation. They cannot have investigated because they never contacted you. This tells me he never reported it.

2. (1) An insurer shall determine the degree of fault of its insured for loss or damage arising directly or ...

TC, whats your take on this case. Assume for the sake of discussion that Im correct on the points in issue.

The guy plea bargains to a reduced charge and is convicted for something he cannot be convicted of. The 15 days to appeal have passed. He finds out after the 15 days have lapsed that the conviction is invalid.

Where does he appeal to?

Am ...

From my research, your son has no avenue of appeal, given the circumstances of you case. However, your sons rights under the Charter have been infringed. Thus, he is entitled to seek a remedy under s. 24(1) of the Charter by applying to the court of competent jurisdiction. Im just not sure for fact what court you would apply to.

Read s. 109 ...

piezomot, the driver was required to report the accident to his insurance company.

Read this entire link.

http://www.fsco.gov.on.ca/english/insur ... oachBroker

So exactly what Ontario law is your garage relying on?


http://www.fsco.gov.on.ca/english/insurance/auto/claimsprocess.asp#approachBroker

Getting Your Vehicle Repaired

Selecting a Repair Shop

As long as your insurance company approves the estimate, you may have your vehicle repaired at the repair shop of your choice.

Your insurance ...

Insurance Act

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90i08_e.htm#BK267

The Ontario Automobile Policy (OAP 1) is issued to every insured driver and applies to every insurance company.

http://www.fsco.gov.on.ca/English/forms/autoforms/endorsement/OAP1_23-10-2006.pdf

http://www.fsco.gov.on.ca/English/insurance/auto/OAP ...

If you can post a section of any Act that articulates a speed limit on a sidewalk, then youre right. You cannot do it because it doesnt exist. Sidewalks in TO are covered by the Municipal Code . There is no speed limit therein.

I already posted a link to the Code. Go read it for yourself.

The bylaw offence for careless riding on a sidewalk ...

The clerk is incompetent. They are government employees, so are you surprised they're incompetent?

Call the Crown.

Even I dont know for sure the proper procedure given the facts of this case.

An appeal is too late. A review is different from an appeal.

I mentioned yesterday that you could file an application for an order in the nature of ...

The Justice cannot hear argument out of court, which is why he didnt want to hear from you. He stated all must follow rules, and he's right, and this includes the Crown and Justice. Your son was the only one to follow the rules. Hes on a sidewalk and a sidewalk is not a highway. He had no obligation to remain or report.

Your appeal will go ...

I also wonder what POA Doherty was reading. He stated, at para. 72, he finds "no statutory requirement that the "set fine" amount appear on the certificate of offence."

Section 3 of the POA clearly requires a set fine to be set out in the offence notice that accompanies the certificate.

Doherty comments.

72] Like Boyko J. in York v. Wilson ...

Hahaha!

All of my legal knowledge comes from reading Supreme Court of Canada cases because they have the final say on what is or isn't correct.

I just started reading lower court cases and now you see why I never relied upon them before, because they're all bizarre and disagree with each other.

Based on the two cases above, though, (including ...

TC is correct that nothing is ever a slam dunk, but I believe it is in this case.

The boy was legally riding on the sidewalk and has a clear cut statutory right-of-way. His speed is much faster than a pedestrian thus he covers much more distance per second than a pedestrian. However, he was not speeding. The driver knew or ought to have known ...

London (City) v. Young, 2008 ONCA 429

http://www.ontariocourts.on.ca/decisions/2008/may/2008ONCA0429.htm

Whether served a ticket under Part I or Part III of the Provincial Offences Act, if a set fine exists it must be posted on your ticket or summons.

The amount must be correct and if the sum is incorrect it is a fatal error and your ticket ...

Unlike other cities in Ontario, TO does not fall under the Municipal Act unless otherwise provided for. TO has its own Act, City of Toronto Act , 2006.

Highway is defined under s. 3(1) of the City of Toronto Act .

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06c11_e.htm#BK41

TO has enacted a Municipal Code , under s. 196 of ...

Part of this hearing you are attending is to acquire full disclosure. You want him to provide you with all information he provided his insurance company and their response, if any, to him in regards to this matter.

I may be wrong, but I dont see your insurance company getting involved to represent you because this claim has zero to do with your ...

Here's a bit more argument to make to the Crown. The conviction violates your son's ss. 11(d), (g) and 12 Charter rights. The Supreme Court of Canada has dealt with plea bargaining issues. They are legal but the Crown engaged in the plea bargaining process must act honourably and forthrightly.

In your sons case they did not, and contrary to the ...

If you were to lose your small claims suit against him he is only entitled to a small amount of costs. Rule 19.

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_980258_e.htm

But even if the guy could prove that sidewalks are included as highways, so what, he still managed to get you convicted for an offence you canno be convicted of ...

Who ever represented you in court is now governed by the Law Society Act.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90l08_e.htm

You can file a complaint against him there for sure and even seek damages, I think.

You can sue him in small claims court. He claims he will sue you back, but he has no grounds to sue you at all ...

Not sure who from the city of Toronto sent you that, but its incorrect. That definition comes from the HTA. The city has jurisdiction over its own roadways. There definition of highway is found in their Municipal Code . The Code then refers you to the highway definition in the Municipal Act, which is different from the HTA definition.

I posted it ...