Search found 256 matches

"highway" includes ... any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

Sidewalks are not made for the passage of vehicles.

If sidewalks are included in the definition of highway, then pedestrians are prohibited from waking on sidewalks ...

Writing letters are great, but a waste of time if you aren't going to include the proper request. If someone really wants to change the law, this is what they need to do.

Write Premier McGuilty and point out the legal flaws in the provision. Respectfully demand that he instruct the Lieutenant Governor in Council to file a constitutional challenge ...

If there is a municipal by-law stating you cannot ride a bike on the sidewalk, then that is all the boy can be charged with. He wasn't charged with that offence.

The boy cannot be convicted for Failing to Remain. He cannot even be charged with the offence.

Highway is defined under s. 1(1). A highway is "intended for or used by the general ...

Fail to Remain is an absolute liability offence. An Absolute liability offence can never have a term of imprisonment attached to it. Here, the Fail to Remain has a term of imprisonment attached to the offence, thus the offence is unconstitutional and cannot be enforced.

A court can strike out the term of imprisonment and the remaining parts of ...

The private citizen right to arrest without a warrant under s. 494 of the Criminal Code only applies to criminal offences, or an indictable offence.

Indictable offences do not apply to the HTA and offences under the HTA are not criminal.

The right for a cop to arrest without a warrant under the HTA is limited to subsection 9 (1), subsection 12 ...

You have a valid argument though, that since he issued the ticket under Part II, and not Part III, he might have had to serve you immediately.

In my view, the court would find that he did, even though he finished serving another car first.

A parking ticket proceeding can also be commenced under Part III of the Provincial Offences Act; by laying an information. This is not served upon the driver, operator or owner at the time of the offence and is still valid.

"Parking infraction", Part II

14. In this Part,

"parking infraction" means any unlawful parking, standing or stopping of a ...

Where are the set fines you're relying on, if not in the HTA?

You posted a link before to set fines under the Courts of Justice Act.

They were fines set by regulation. Who made those regualtions?

Under what section of what Act did they get the express authority to make the regulation?

Speed limits are set out in s. 128 of the HTA. City councils can pass a by-law, under s 128(2), setting out a different rate of speed if the highway is under their jurisdiction.

However, s. 195 of the HTA states that if any by-law that is inconsistent with this Act or the regulations, the provision of the by-law shall be deemed to be repealed ...

You got a ticket, so he either gave it to you or placed it on your windshield. In my view you were properly served. Even if you drove off completely, he would've mailed you the ticket after tracing your licence plate number, which is why he was writing down you plate number when you moved the car.

The offence is complete upon you illegally ...

The fine should be posted on your ticket. It's $7 per km over the speed limit when the speed was above 30 kms over. It's $14 per kms over if a worker was in the zone.

The zone could be 5 miles long, or whatever. If you get stopped in an area where no workers are, but workers are in the zone 2 miles ahead of where you were stopped, they can still ...

The number "8" represents a emoticon. Each tim you cite the number 8 in a provison the emoticon appears instead of the number.

You should remove that emoticon or change it so it's not represented by the number 8.

Fines are doubled when there is a worker in the construction zone. Not sure if there was one in the zone when you were ticketed, but you need to be aware of this.

Since it was a construction zone, they must have a "construction zone begins" sign. The sign must be in French and English, too. They can have a bilingual sign or both a French and an ...

Relevent sections of the Criminal Code.

Protection of persons acting under authority

25. (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

(a) as a private person,

...

is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in ...

If a cop ever arrests you under s. 253 or 254 they are committing criminal offences. You are empowered under the Criminal Code to resist arrest and use as much force as necessary while resisting.


If you decide not to kick the snot out of them , then you can not only sue them but, under s. 494, you can arrest the cop and charge him with various ...

There are several problems with the impaired operation and care and control provisions.

It is common knowledge that all criminal offences are mens rea offences, however, if the provision isnt constructed properly it is not a mens rea offence.

Section 253 is constructed as an absolute liability offence as it fails to include the mens rea ...

Okay. Thank you.

CT, if a stop sign isn't in both languages does this mean the stop sign is of no force as well?

Question.

If a car is following another car and the lead car is doing 78 in a 80 zone, and the trailing car passes the lead car in a legal passing zone, what is the speed limit the car doing the passing can do?

Clearly, the car passing can legally pass but hell never accomplish the pass in the space provided if hes only allowed to go 80 kms ...

WOW! Even better. Thanks for sharing that tibit of info.

What I said above is incorrect. Failing to remain falls under HTA s. 200 and includes a vehicle and a vehicle includes a bicycle. However, s. 200 is an absolute liability offence and unconstitutionally contains a term of imprisonment which violates a citizen's s. 7 Charter rights.

Duty of person in charge of vehicle in case of accident

200. (1 ...

Law is so vast and ever expanding do to the living tree Charter and ever chaning HTA that it's impossible for anyone to know everything. I've learned from your posts and website as well.

This site we're posting on is a great service to everyone.

You're French Language argument is brilliant. I looked into it and you're right about it. But bear ...

Yes, TC is right. I forgot the surcharge.

TC, I read your site. You make some great points and offer great advice.

Everyone needs to read it.

Naw... it reads:

Riding in crosswalks prohibited
(29) No person shall ride a bicycle across a roadway within or along a crosswalk at an intersection or at a location other than an intersection which location is controlled by a traffic control signal system. R.S.O. 1990, c. H.8, s. 144 (29).

It's covering intersection crosswalks AS WELL AS non ...

Another thing is that I was not happy with one of these Traffic Tickets companies. I paid them $500 to help me in court with this case and they did not do anything...

First they did not know anything about demerit points for cyclists as you do and second they have done what I could of done by myself- speak to Justice of Peace and reduce this ...

From what you said, youre not not guilty, so why would you plead guilty?

From what you said, the cop falsified evidence. Thats criminal. If he has radar then the radar he used was from the car the passed him before you. Or from someone else.

Youre charged with 31 kms pver. The fine is $7 per kms in your case. If convicted its $217.

Fight it if ...

I'm glad they dismissed your charge. BUT, you should've requested costs. You could've got $100. It's not much but it's better than nothing.

The only thing most retarded than the cop who charged you is the person who wrote up this provision. Ive read 10 times now and still dont have a clue what it really says. There are only 35 words to it, too.

Explain this to me. Youre driving straight through the intersection on a green light. A driver making a right turn from a side road at the ...

It's an absolute liability offence. You are guilty by the mere act of doing the offence.

Strict liabilty deals with public welfare offences. Noise. Smoke. Spills. Etc.

An accused charged with a strict liability offence is provided a defence of reasonable mistake of fact and due diligence.

Interestingly, the presumption of innocence as ...

What section is that under?????

Headway

Headway of motor vehicles, generally

158. (1) The driver of a motor vehicle or street car shall not follow another vehicle or street car more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and the conditions of the highway. R.S.O. 1990, c. H.8, s ...