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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.

No.

A plead deal prior to trial prevents the evidence from be heard by a Justice in a judicial proceeding.

Evidence that is used in a proceeding must be real evidence, not fabricated.

If the Crown were to even orally misreprent to justice in a proceeding that the driver was doing 90 when he or she knew they were doing 120 the Crown can be ...

PetitionGuy, I forgot to post the info I promised you after we spoke. I have now posted it and you can find it in the Letter to Ontaro Legisature thread.

Sorry for my delay.

The purpose of the HTA is to ensure the privilege of driving on a highway is granted to, and retained by, only those persons who demonstrate that they are likely to drive safely; and that full driving privileges are granted only after new drivers have gained the necessary experience, as articulated under s. 31.

Section 48.3(10) states it is ...

This law is just another lame excuse for a cop to stop you. If he sees your head looking down towards your lap he can stop you with the assumption that you were texting on a crackberry in your lap.

I agree with banning cell phone use, though.

A sign is not a traffic control signal. A sign is articulated under s. 144(9), for which you were charged. You drove through a yellow on a traffic control signal system. A traffic control signal system is defined in s. 133.

You should've been charged under ss. 144(15) or 144(18).

You cannot be convicted for something you did not do. You did not ...

The HTA is a quasi-criminal statute and the owner of a vehicle can be charged with an offence even if he is not the driver at the time the offence occurred. This is evidenced under many sections, including speeding tickets if photo radar returns. See s. 207 below.

This also occurs for parking tickets, wherein the owner of the vehicle is liable ...

Excellent point, CT.

Funny story.

It claims a New Jersey driver had his charged dismissed because a Zamboni isn't a motor vehicle. Under our Criminal Code , however, it meets the definition of a motor vehicle. Section 253 is not restricted to highways, either. Therefore, this is a valid charge and I'm betting she'll be convicted.

But since impaired operation of a ...

Hello,

I contacted an outfit in Ontario and this is the reply that I got.

If it has not yet been filed then you are home and free as the officer has seven days to file his copy.

Although you should be aware that the officer also has up to six months to re-lay the charge under a Part 3.


The Charter is part of the Constitution and any ...

Just got a ticket - 120km in a 90 km -- that one KM extra doubles my fine and give an extra point.

This was a speed trap - going from 100 down to 90 - with one officer on the bridge and several cruisers waiting to pull people over. I'm not sure if they were using radar or laser as the officer came to my passanger side to avoid traffic and I ...

Every law must have a purpose, commonly known as it pith and substance. This one is allegedly to promote safety on Ontario's roads and protect youth from preventable injuries.

How does this law exactly promote safety or protect youth from preventable injuries?

In my city, these same youths are prohibited from riding their skateboards on the ...

FORM 4F

Courts of Justice Act

NOTICE OF CONSTITUTIONAL QUESTION

(General heading)

NOTICE OF CONSTITUTIONAL QUESTION

The (identify party) intends to question the constitutional validity (or applicability) of (identify the particular legislative provisions or the particular rule of common law) (or to claim a remedy under subsection 24 (1) of the ...

Courts of Justice Act

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c43_e.htm#BK147

Notice of constitutional question

109.(1)Notice of a constitutional question shall be served on the Attorney General of Canada and the Attorney General of Ontario in the following circumstances:

1. The constitutional validity or ...

I just amended my last message and added s. 53 from the Supreme Court Act.

The Supreme Court of Canada also developed the concept of public interest standing in three constitutional cases commonly called "the Standing trilogy":

Thorson v. Canada (Attorney General),

http://csc.lexum.umontreal.ca/en/1974/1975rcs1-138/1975rcs1-138.html

Nova ...

It is a public interest, thus you do not have to currently be facing charges under the section youre challenging. You do not have to be seeking a remedy under s. 24 of the Charter. You are challenging the constitutionally of the law. Call the Registrar at your local courthouse and they will confirm for you that there are no filing fees.

See s ...