Ontario Highway Traffic Act

I realize I have a certain style to my messages, but so far, the only one complaining are the ones who already know the law. But this site is for those who require help with the law. Those people have thanked us for helping them, or at least trying to help them.

The mod is free to delete anything they feel is inappropriate.

What I started to do ...

After re-reading s. 49, You should've refused the adjourment. The court can adjourn a trial, but under s. 2 it requires your consent for the trial to resume.

Had you refused the adjournment, they would've heard your case instead of someone elses, and since you didn't co-operate, my guess is that they would've convicted you even if you were ...

TC, what the hell does this mean?

2) A trial or hearing that is adjourned for a period may be resumed before the expiration of the period with the consent of the defendant and the prosecutor.

It sounds like they can adjourn, and if they do not resumed within the period of time given, the case gets dismissed.

Simon, if the officer was there ...

Disclosure is part of the legal procedure. A court cannot deny you this right. You did the right thing and hired counsel. Not you're without counsel. Now, on top of everyday responsibilities you need to become a lawyer. That doesn't happen overnight. The delays are not prejudice to the Crowns case so it must be granted.

You should argue that you ...

I cut and paste provisions for a purpose. So I can show the provisions I'm discussing, so I can bold, italic, or underline certain portions of the provision. Sending someone to link doesn't help them in my view.

I post the provisions at the bottom of my messages, usally, or in the middle of my message when I feel it's required. I do all this not ...

Hello, and thanks for the compliment. You did the right thing to oppose the delay, however, the court can adjourn a trial for any vaild reason it wishes.

Section 49(2) required your consent though, and they squeezed it out of you. I don't totally understand the clause, where it says; "may be resumed before the expiration of the period..."

Period ...

Sounds like the bilingual defence argument will be required in this case.

It's Toronto Bylaw 132-93 3(a). I can't track it down though. Found some amendments to it, however. This is a popular offence. Clearly next to know one knows about it. When you make your disclosure request, also request them to provide you with the number of people charged and the number of people convicted under this lame law. Also find out how ...

Section 5 and 8 don't apply to a merge infraction. There is also no section S in the HTA . Rules of the road fall under ss. 133 to 191. I don't see anything in there about merging therefore it does not exist in Ontario HTA law.

I think she got nabbed for a regulation for high occupancy vehicle lane on the 403 or 404. This is found under HTA s ...

"permit" means a permit issued under subsection 7 (7) consisting, except when the permit is a CAVR cab card or an IRP cab card, of a vehicle portion and a plate portion;"



Permit to be carried

6 (5) Subject to subsection (6), every driver of a motor vehicle on a highway shall carry,

(a) the permit for it or a true copy thereof;

...

and shall ...

You'll nail him on these points when you examine and cross-examine him. You can get his notes from the exact day of the incident and compare them to what he wrote in the report 6 months later. When they don't match, his credibility will be worthless.

The cop laid the wrong charge, his notes and reports are bogus and yet the government wants to ...

I hear you, but I'm betting the cop is fibbing. Cops don't like me much, I carry a tape recorder in my car and when I'm stopped I covertly record them.

There isn't any he said she said when he come to me. No, Mr. Copster, this is what you said to me and this is tone of voice you used when you said it. Problem is, I never get stopped anymore. I ...

Can you please, please, please get rid of the sticky's in the general section. They're annoying. Put the how to post in the first thread on the index page. Let all other threads float. The last posted in thread should be at th top of the section.

Also, when a new post is added to a section the section is lit up on the main index page, but once ...

The guy argued that the Charter required it to be in both languages. It actually is. All he had to do was call the phone number and they would send him a copy in English.

In Ontario, we are not using the Charter to make the argument. We are using the FLSA. The FLSA is in compliance with the Charter or it would not exist. It couldn't exist if it ...

File for disclosure today or tomorrow. Request an adjounment once you get to your trial. You can explain the Xcopper deal and tell them the truth, you just found out you're entitled to disclosure and you want to exercise that right.

You only need to stop at stop sign for 1/1000th of a second. You want to know where the op was located when he ...