Ontario Highway Traffic Act

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