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You will be ok with only 1 fax confirmation receipt if the Prosecutor themselves acknowledge receipt. Most should have notes of the date requests were made [it makes them look bad if they don't even know about requests in the cases the defence brings all proper documentation]. Bringing copies of the requests without receipts can help only ...

hwybear,

Thanks for the input. Even if there is a 1% chance that the "infraction" was captured on tape, it still leaves video evidence of the encounter [regardless of how "complete" it is]. My understanding is that the Crown has the responsibility to disclose this evidence, regardless of what it contains, as it may be beneficial to building a ...

Hi All,

With my last trial, I undertook a comprehensive study of potential Non-Disclosure issues. I was informed by the Officer at the time of the charges being laid that my offence was captured on video and our interaction was being recorded. Although I never received disclosure, I think you all might be interested in what my search has brought ...

Besides when having a proper medically issued note, the only time you are allowed to remove your seatbelt while driving--from what I remember of Driver's Ed--is when reversing [as when parking]. You can try to fight it, but my feeling is that your argument won't be accepted, you could have taken other steps to prevent discomfort prior to driving ...

The seat belt charge is going to be extremely hard to argue. What "red light" ticket did you get exactly? Can you list the infraction as stated on the ticket?

Mudpie,

Unless you have vast amount of case law to back up your statement, please do not make it. Stop sign violations can be successfully argued given a proper cross-examination of the officer's testimony and raising of doubt regarding their "unobstructed view". From reading around on CanLii, I found that JP's tend to consider a defence witness ...

Hey,

Had a similar situation and had the charges withdrawn. You're definitely in the 11b window with this court date, as per Morin and Andrade guidelines, but filing an 11b is a really arduous process. You'll most likely want to play the disclosure game and see if you can urge the prosecutor to withdraw charges on day of court.

Request disclosure ...

Just an update on my charges [I forgot to mention a CAIA 3(1)] with some good news:

I received a Notice of Trial in late December, with a court date set for early March. Over the ensuing months I sent three Disclosure Requests [which I wrote up on my own based on the TicketCombat example]. I did not hear anything from the Prosecutor's office, and ...

Thanks for this traub78law, I can't wait to hire a US based lawyer firm to deal with my legal cases in Ontario! Do you guys accept Canadian Tire money as payment?

Cheers!

First off, please list the charge/charges that are being made against you.

As Stanton has stated, requesting the 3rd trial option and disclosure is going to be the first step you should take. Once at trial, you will be presented with the chance to cross-examine the witnesses. Leading questions are allowed, and you can grill them on details regarding the incident.

Considering the circumstance, it might actually be ...

Here's a link to the above-mentioned R. v. Andrade case - http://www.canlii.org/en/on/oncj/doc/20 ... cj470.html

It's got extremely clear guidelines regarding 11(b) considerations, especially in the Toronto area, and can help you properly argue you application in court.

disclosure should be requested atleast 8-weeks prior to your trial or as soon as you get your notice of trial in the mail; i believe R. v. Stinchcombe set out guidelines where the crown is not obligated to give you disclosure without your request

Relevant portion of R. v. Stinchombe http://canlii.ca/t/1fsgp :

"...The obligation to disclose will ...

You can find the Manual here: http://decaturelectronics.com/sites/dec ... -20-11.pdf

To answer your question, yes, it looks like a unit equipped with both rear and forward facing antennas can give speed on cars moving in both directions [Towards and Away]. See page 18 of manual above.

TORONTO:
For Part I Traffic Offences

Toronto City South - 4860
Old City Hall, Room 12E
60 Queen Street West
Tel: 416-338-7245
Fax: 416-338-6986

Toronto City West - 4862
2700 Eglinton Avenue West
Tel: 416-338-6882
Fax: 416-338-7322

Toronto City East - 4863
Markham Road Court House
1530 Markham Road
Tel: 416-338-6709
Fax: 416-338-7703 ...

UPDATE: I sent in a fax to 416-338-6986 a few months back, haven't heard anything. Decided to call in today to confirm number. I called 416-338-7245 and the fax number was confirmed as being correct. This is for Old City Hall in Toronto.

Admin, I'll start a thread if you can make it a sticky! Thanks!

Hi Everyone!

(Mississauga court house near square 1)

I filed a disclosure request form yesterday just before the 9 weeks deadline. I made the mistake of using their form =( and handing it in in person

Can I still rectify this?

Your thoughts on this are very appreciated!

Mike B

Mike,

I can't find the form on their website, looks like they ...

I'm curious to get input from some of the more court experienced users on here regarding this.

For one, there's no information available online regarding anything to do with Toronto's Prosecutors on an official level. A blanket court form is made available on the toronto.ca website which asks for a telephone number, but isn't an adequate defense ...

Any updates on this case would be great.

Hi All,

I've spent a considerable amount of time trying to find an officially stated list of contact information for the Prosecutor's Office at Old City Hall. As far as I can tell, no such thing exists [which is very strange, and I should say unprofessional].

Ticketcombat.com lists the Old City Hall fax number as: 416-338-6986
FIND THE LINK HERE ...

Sarah80,

I think, based on what you've stated here, you have two possible options: 1. Try to plea with the prosecutor to a lesser charge, reduced fine etc., and take this experience as a lesson. And 2. Given the likelihood of a fine, as well as the added cost of an insurance hike, you can hire an extremely experienced paralegal/lawyer to handle ...

Hi All,

I would appreciate clarification on a situation I was witness to. I was a passenger in a vehicle pulled over for a speeding infraction. My friend, the driver, was dropping me off in his brother's car [registered to his brother and insured under his brother's name, although he tells me he is on the insurance as an occasional driver]. The ...

Stanton wrote:The only issue I could see would be if the Crown fails to disclose the existence of video to the defence.

To clarify, you're saying that it would be an issue if Crown fails to disclose the existence of video evidence, even if it chooses not to use it? Or if Crown chooses to use video evidence it has not disclosed?

Thanks for answering.

Stanton,

If the Crown chooses not to use the video evidence during trial, wouldn't that be arguably an example of prejudice and be quashed under s. 7 of the Charter?

Hi All,

Wanted to share a link to the most recent update on the R. v. Vellone appeal being brought forward by the Crown. The judge has ruled to allow the appeal, concluding that the judge in the previous Vellone appeal erred.

You can find it here:
http://www.canlii.org/en/on/onca/doc/2011/2011onca785/2011onca785.html

Interestingly, it looks as ...

Hi All,

First off, happy holiday season!

My question is regarding requesting video evidence as part of the disclosure. In my particular case, I was told by the officer that his dash cam had recorded the entire incident. He also had a personal video recording device on his person and our exchange was recorded. I will be asking for this video ...

Hey, can you specify whether it was March 2010 [as your post suggests] or March 2011?

Radar,

Thanks for replying. You've outlined my position on it. And I will most definitely be asking for disclosure of the video for trial [since the officer made such a point about it]. I'm 100% confident in my having initiated the turn on a green, so hopefully I can get access to the video and argue my case well.

Thanks again for the reply.

Stanton, thanks for replying. I was thinking of referring to section 145 to show that I did not have to stop at the marked stop line in order to initiate my turn on a green light [as I did]. And due to the circumstances, in my case a group of pedestrians blocking my view on the right. I had to cautiously enter my turn, well into the intersection ...

I took some time today to go over the Ontario Highway Traffic Act and found this portion:

Blocking intersection

145. (1) The council of a municipality may by by-law prohibit a driver or street car operator approaching, at an intersection, a traffic control signal showing a circular green or green arrow indication from entering the intersection ...