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I haven't read it all yet but this is not a strict liability offence in any sense. The court is looking for excuses to keep this pathetic law alive.

Absolute liability generally applied to regulatory offences, such as speeding. R. v Sault Ste. Marie recognized the need for and existence of an intermediate category of strict liability offences for ...

Read this.

http://www.ticketcombat.com/step1/step1.php

I believe she was lying, but he was still speeding and received no ticket.

But think how poorply run the province is. They bring in cops from Peterborough. They spent 4 1/2 hours in salary just in return travel time for two officers. Then there was gas costs. Pathetic.

Had he not been speeding it would've cost taxpayers even more in salary just ...

I had an incident once where I was photo copying my licence. I forgot my licence in a copy machine. I was stopped by the cops hours later and couldn't produce my licence. I did however produced a photo copy. The cop said it was unacceptable, but did not charge me as he believed my story, which was true.

This was dealing with a licence and not ...

Have your insurance company put all that info to you in writing.

Do not settle with this driver. He still caused the accident. I'm reviewing the info you posted again and will post a letter, when I'm done, that you should write him.

I'm convinced your son was on the sidewalk at least 25 to 30 feet prior to the beginning of his driveway. This ...

You don't have to convince me, you'll have to convince a judge.
You have written statement from others against your son. It doesn't mean they're right, but a judge will accept it.

Usually there is a 3 or 6 foot space between the road and sidewalk. If the car turned into his driveway your son would've ran right into the side of him. Everything you ...

It's rather odd that the owner or driver never got an estimate on the damage for over a year.

The stuff you posted does not show your son on the sidewalk.

Are you saying it's wrong?

Are you saying your son wa on the sidewalk at least one driveway before reaching the drviers driveway where he was hit?

The driver is not the owner of the car. The driver might not be insured to drive the car. We do not know this yet, though. They might not have notifyied their insurance company as required by law.

At worse, in my view, you will have to pay their deductible if they have their insrance pay for the damages. They will still have to prove your son was ...

This may or may not appy. I haven't read it yet.

Motor Vehicle Accident Claims Act

http://www.e-laws.gov.on.ca/html/statut ... 0m41_e.htm


Suing an Uninsured or Unidentified Motorist

http://www.fsco.gov.on.ca/English/insur ... torist.asp

http://www.fsco.gov.on.ca/english/insurance/auto/mvacf/

Everything you posted changes everything, in my view. You son wasn't riding o the sidewalk, he was riding on the road. When the car turned he steered to the siewalk, but he was riding on the road.

When he left the scene, the driver had the right to attempt to arrest him without a warrant.

You need to contact your insurance compnay and see if ...

The accident happened on the road; not the sidewalk. I was assuming he took to the sidewalk a driveway or two before the drivers driveway.

This means your son can be charged with failing to remain. However, he can still cannot be convicted of failing to report. If you got a retrial you're facing the greater penalites of failing to remain.

As ...

You've been claiming for a week or more that the accident happened on the sidewalk. Now it happened on the road.

The god news is the boy witness claims the bikers were only 4 metres or 12 feet behind the car before it turned.

Has the driver sued you or yor son?

His story makes zero sense. He claims ALL cyclist ride down the hill at a great speed and blow the stop sign. As if.

He claims your son was riding at a great deal of speed after going down the hill yet your son wasn't even thrown off his bike after being hit. He states your son was able to scrap the car and still managed to turn to the right and ...

He admits he only used his mirror. Big no, no. You must turn our head and look.

Now, he claims the accident happened on the road. You said your son took to the sidewalk prior to the accident and was hit while on the sidewalk.

Which is it?

Has he sued you or has he sued your son?

This guy is an idiot.

Is he representing himself?

When is your conferene hearing?

Where was the damage to his car?

In the very front?

The side of the car?

Tell me exactly?

Who are these witnesses he's calling, too?

You should get a copy of the police report filed by the cop.

You say you got the ticket on Oct. 29. You say you have to make a decision by Nov. 12.

You have 15 days to respond. Oct. 29, the day you received the ticket doesn't count. The days begin on Oct. 30. From Oct. 30 to Nov. 12 is not 15 days. Weekends and holidays are not included. Nov. 11 is a government holiday.

If the dates you provided are ...

If a ticket has an error on it the ticket is not regular on its face.

The ticket has to be filled out correctly.

If you don't go to court and it's not filled out correctly, the justice cannot fix it.

If you go to court and it's not filled out correctly, the justice can fix it.

Did the cop put in the fine amount?

If so, what is the amount he ...

If you do nothing and the ticket is regular on its face, the justice can enter a conviction without your presence. If the ticket is not regular on its face the justice must quash the proceeding.

If you check off the box that you intend to plead not guilty and request a trail, then you dont show up, or, you do show up, and the ticket is not ...

The HTA is quasi-criminal. This whole thread deals with a offence under the quasi-criminal HTA. Impaired driving under the HTA is a true criminal offence. So is dangerous driving, criminal neglience causing death or injury, street racing, and many other offences.

If you file an application for certiorari you will serve the crown, justice and counsel who misrepresented you. You will need to prove he misrepresented you and that the trials result were compromised and your son suffered a miscarriages of justice as a result.

You will meet this test based upon the facts in this case.

You will also seek costs ...

Rules of court.

http://www.canlii.net/on/laws/regu/1994r.722/20061120/whole.html

EXTENSION OR ABRIDGMENT OF TIME

Judges power

8. (1) A judge may extend or abridge the time for bringing an appeal and for doing any other act in connection with an appeal for which a time is prescribed before or after the expiration of the time prescribed. O ...

The courts care. They offen refer to other Provinces for guidance. They also refer to other commonwealth countries. Are you sure you're really a cop?


Manitoba

"sidewalk" means a footpath, whether or not paved or improved, that is intended primarily for the use of pedestrians and that either

(a) forms part of that portion of a highway that ...

Procedural Protocol dealing with allegations of professional incompetence and miscarriage of justice by paralegal practitioners.

http://www.canlii.org/eliisa/highlight. ... cj253.html

A sidewalk is not defined in the HTA or Municipal Act. It is however defined in section 119 of the BC Motor Vehicle Act .

Both the HTA and MVA define cross walk with reference to sidewalks, thus the sidewalk definition in the MVA would be applied to Ontario by a court.

BC Motor Vehicle Act

http://www.qp.gov.bc.ca/statreg/stat/M/96318_05.htm ...

Surveys Act

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90s30_e.htm#BK61

Public roads, etc.

57. Subject to the Land Titles Act or the Registry Act as to the amendment or alteration of plans, every road allowance, highway, street, lane, walk and common shown on a plan of subdivision shall be deemed to be a public road ...

Your case at this point has concluded. As mentioned, you need to request the Judge allow you an extension of time to appeal and waive the requirement that you pay the fine up front. This requires you to file a motion. The judge could refuse your request.

However, your sons Charter rights have been violated, so in my opinion, you can file a ...

The City of Toronto Act , 2006 makes reference to an untravelled portion of a highway and sidewalk under s. 42.

The Supreme Court of Canada rendered a decision in a case dealing with sidewalks and stated;

"There would have been no need to refer to sidewalks in these provisions if sidewalks were included in "untravelled portions" of roads or ...

Section 7 of the POA also allows one to plead guilty with represenations as to penalty. This allows the justice to impose a fine below the set fine. However, if the accused says anything in his representations that appear to contest his guilty plea, the Justice must hold a trial and cannot accept his guilty plea.

Plea of guilty with ...

POA s. 3(2)(a) clearly articulates that the set fine must be indicated on the offence notice, but 3(2)(b) does not state the set fine must be on the summons.

If you commit an offence the issuing officer can proceed by way of offence notice or summons. If he proceeds by offence notice you are entitled to the set fine. If he proceeds by summons, it ...