Ontario Highway Traffic Act

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 ...