Ontario Highway Traffic Act

Okay. Dont worry about the six month limitation. The time is up.

You need to get a hold of the guy who represented you. You want your money back.

You need to contact the crown and explain why youre not paying the fine.

You also want to request that the crown initiate an appeal so the fail to report if removed from your sons record. I dont know ...

First, you want to call the counsel you gave $500 too and tell him you want your money back after explaining the law to him. He misrepresented you. But hold off on doing this for now.

Second, the cops have six months to lay charges against your son under the POA. This accident occurred weeks or months before you went to trial. You were granted a ...

Your right, the cop has to put the set fine on the ticket because the set fine is for those who settle out of court. If the cop put the higher HTA fine on the ticket the accused would pay more than need be when settling out of court.

But why doesnt the government craft the ticket certificate so that both amounts can be shown along with an ...

I re-read this thread and am intrigued by this case. I take it your son was charged with failing to remain after the accident. You hired someone to represent you. You went to court and a trial was held, or at a minimum, a plea bargain was reached during or prior to trial where your son agreed to plead guilty to failing to report.

You stated your ...

Again, the boy wasn't driving a motor vehicle thus he had no obligation to report. The driver of the car did if it was apparent the damage was $1000. It turned out to be $1200. It's so close that it was not apparent that it was over $1000. Even i it was, it was his duty, not the boys, to report the accident. If the boy didn't suffer any real injury ...

Even better. Here's the bike info directly on the city of Toronto website.

Here they do include fail to report.

The fine is only $85.

Court cost $5.

Victim surcarge $25.

For a total o $115.

Not $480

http://www.toronto.ca/cycling/pdf/hta.pdf

I disagree. Nonetheless, the accident happened in TO. The highway in question is under the city of TO jurisdiction, not provincial.

Toronto Bicycle Laws and Fines are found on the link below. Nowhere is there a fine for fail to report under TO by-laws or the HTA.

http://www.messmedia.org/messville/TO_FINES.HTM

One cannot be convicted for a ...

I don't know for certain, but I would assume so. Maybe someone else on here knows.

Here's the Act. Read trial section. Might not say anything about notice in it though.

http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK68

I'm confused.

He got a ticket. He went to court. Did he have a trial before a justice?

There is no set fine for fail to report. The fine falls under s. 214.

Who decided the fine would be $480?

A justice or the crown?

General penalty

214. (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction ...

How did your son plead guilty if he hasn't paid the fine yet?

You're required to sign the plea of guilty on the offence notice and deliver the offence notice and amount of the set fine to the office of the court specified in the notice.

Payment out of court

8. (1) Where an offence notice is served on a defendant who does not wish to dispute the ...

You might've heard wrong, but maybe not. Call the court in TO and just make a general inquiry. Don't give them your name, the charge etc. Just inquiry if they hold court of Sundays.

TC, will chime in on this thread I'm sure, and he knows better than I on this subject.

I know this, though, if court is heard on a Friday and you think it's Sunday ...

You can reopen trials but if he pleaded guilty and already paid the fine, I'd have to look into what recourse you have. In my view, based upon the language of the HTA , your son is not guilty. He cannot be convicted of this offence.

Did you already pay the fine?

I'll look into this more. You might not be able to sue for injury in Small Claims ...

Just lost another 30 seconds of my life reading BS about quoting acts blah blah blah.

The courts do not accept fines that are not on their lists even thou it is printed in the HTA. We tried specifically that a few years ago when the fine per km was changed, issuing the speed fines as indicated in the HTA. Guess how far that got? our ink was not ...

Is there a city by-law prohibiting riding a bike on a sidewalk where this accident occurred?

Have you gone to court yet over the failing to report charge?

With respect to the Small Court Claim, request a pre trial conference, and then request the judge to strike out the claim and request costs.

Or, bring a motionto dismiss his claim as the ...

Get them to confirm the date in writing.

I also don't know where you live, but I think Toronto holds court on weekends as well as week days. I'm sure I've heard of court on Saturday but don't recall a case being heard on Sunday.