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lawmen, thanks for your support, I sent you my letter, I do not want it to be posted here.

I just have got this reply on my e-mail:

Dear Sir:

Under the Provincial Offences Act, the only method by which you can have your Part 3 conviction set aside is by way of an appeal.

In order to appeal the conviction, you must attend at the court office ...

I just send the e-mail to crown to poacourt(at)toronto.ca where I expressed all arguments you lawmen suggested. Let's see the outcome.

You can request the judge waive the requirement that you pay the fine before filing the appeal.

The Justice of Peace already extended the fine payment up to March 15.

Filing a challenge under s. 24 of the ...

Call them tomorrow and explain what happened properly.

In Toronto you can not call to court, they are busy. The answer machine would tell you to write or come. I think I need to send my letter to crown, but might have a formal reply like you told me that they can not speak outside of the court room...

did you paid the court to file the appeal ...

Your appeal will go nowhere because the time limit to appeal is exhausted. You had 15 days to appeal from the time of the decision.

Does it mean that judge would not listen to any arguments as 15 days past? Why my appeal was accepted in the first place then if it does not have any grounds? Just for fun? How much it will cost to city?

It ...

piezomot, the driver was required to report the accident to his insurance company.

Read this entire link.

http://www.fsco.gov.on.ca/english/insurance/auto/claimsprocess.asp#approachBroker

need not equal must!

When you are involved in an accident involving injury or property damage, you need to report it to your agent, broker, or ...

Your appeal will go nowhere because the time limit to appeal is exhausted. You had 15 days to appeal from the time of the decision.


I put my four page letter to the crown and I wanted to discuss the error justice made, but the court office clerk did not let me speak to the crown in this regard. He told me the right order - file the appeal and ...

Thanks, Radar Identified, ticketcombat and lawmen for your comments.

Today I went to court and filed two applications one is to extend the payment charge up to the end of March 2009 and another for appeal. First one was approved, as I have visited Justice of Peace. The appeal court will be in downtown in March 5, 2009.

I was trying to explain to ...

Thanks lawmen,

I may be wrong, but I dont see your insurance company getting involved to represent you because this claim has zero to do with your car. He was riding a bike which was not an automobile under your policy.

No the bike is covered by my home insurance company and it is the same company. I just called to the clerk who is responsible ...

Thanks lawmen!!!

I just have found this document:
https://www.belairdirect.com/english/pdf/oap1eng.pdf

3.3.1 If Someone Sues You
By accepting this policy you and other insured persons irrevocably appoint us to act on your or their behalf in any lawsuit against you or them in Canada, the United States of America or any other jurisdiction ...

Think about it, what could he sue you for?

Yes I put all arguments on paper and e-mailed it to them yesterday. Today i just visited them to get the reply back...

Yes, I do not know anything about the law; I did hope that they would help me like you are helping me. I'll tell you more, I might be suing them for these $500 I have paid them and if ...

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

Yes lawman, I just went today to the traffic ticket office and spoke to their president, he told me that they will not return any money back, as in his opinion the sidewalk is a part of the highway in Toronto and if I sue him (as I know law better...) in a small ...

Many thanks, I just have got the reply from City Of Toronto in regards if the sidewalk falls into Highway:

From the definition section in the HTA reads as follows:

*highway* includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part
of which is intended for or used by the general ...

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 six month period to pay the fine. In some cases a period of time does not include weekends or holidays, so 6 months could actually mean 6 and half months. Im confident, without looking ...

Thank you again lawmen, I have found the by-law you were talking about, but was not able to find out if a sidewalk is included within the definition of highway here.

I was not able to include the whole document with this post, but here are two related short paragraphs I found:

Authority: Transportation Committee Reports
No. 20(4), September 25 ...

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

How can he pay $480 when he is grade 12 student and does not work? We told it in court. Court gave him 6 month to collect the money.

I am just wondering, what is going to happen if this is not paid at all? Does it mean that he will be placed in jail?

Did you already pay the fine?

No lawmen, my son did not pay the fine yet (must be paid untill the end of January 2009), I might be interested to reopen trial. I completely disagree with this whole situation that we were charged. Can you advice how to do it?

Talking about small claims court. Why did you mention Motions?

We have the Settlement ...

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?


Thanks lawmen, my son was charged with "Fail to report" $480 charge (points were removed by MTO), as he pleaded guilty (did a mistake, may be we should fight this case). My understanding that ...

Thank you lawmen, talking about my future small case court, as the car driver taking me and my son and trying sue me for his car damage.

The car driver reasonably thinking that he is not at fault (as he did not get any ticket), but he wants us to pay for his car damage as he is telling to us that he will pay his deductible which is nonsense! Why ...

Reflections wrote:File the complaint, they'll put it on their "list of things to do"............

Your action should be focused on the driver, not the officer.

Yes but as they have a gun does not mean that they are right all the time...

I refer to this original post:

http://www.ontariohighwaytrafficact.com/topic497.html

The car driver, decided to pursue him in his car until he drove in front of him and cut him off on another driveway which is a potentially dangerous behavior that could have resulted in another collision and injury. Then car driver exited his vehicle as he ...

However, s. 200 is an absolute liability offence and unconstitutionally contains a term of imprisonment which violates a citizen's s. 7 Charter rights.


Thanks for your reply lawmen, but how it violates a citizen's s. 7 Charter rights?

Also summarizing your reply, are you considering the fact that no charges were laid by the Toronto police ...

Reflections wrote:What time of day did this occur??

That could have implications on the outcome. i.e. riding at night without lights etc.

This was around 4 P.M. and the driver was driving BMW Z3 ROADSTER convertible has a limited blind spots view.

I'd be interested to know just what you feel the speed limit should be for bicycles on the sidewalk. At what bicycle speed should a motorist be expected to accept fault?

The part of the plaintiffs claim is that the cyclist was having a high speed and the accident accrued when cyclist was passing him when he began a right turn into his driveway ...

Have you told your insurance company that you are being sued? Yes I did, they asked me to send them the plaintiff claim and they will do somthing about it, I do not know what...

Insurance companies are supposed to assess fault and payouts based on the Insurance Act of Ontario, not the Highway Traffic Act.

I know that insurance companies do ...

This is the answer I have on this incident from allexperts.com

Answer
The ticket that your son received has no bearing on the facts of loss and the fact that an insurance company would attempt to use that as part of their liability decision absolutely disgusts me.

Your son is not liable for any of the damages to the other driver's vehicle. The ...

There are demerit points for cyclists if they have a driver's license.

No ticketcombat, you are wrong here, read this note below:

The HTA defines bicycles are defined as vehicles. As vehicle operators, cyclists are subject to most of the same HTA requirements as drivers of motor vehicles. However, there are some important differences. The ...

First of all thank you all for your help and comments!
You haven't stated how the cop found your son if he rode away.

My son was with his co-student from his school who was a good citizen :) and did not leave the scene. When police came the poor guy wrote down exactly what police officer wanted from him to hear i.e. that they did not stop on the ...

hwybear wrote:Have to agree with Bel and Book on this one!

I do not agree!

According to the Ontario Highway Traffic Act the same rules are for the sidewalk as for the road. In other words the Ontario Highway Traffic Act is extends on the sidewalks.

Driver's Handbook notes:

Motorcycles, bicycles, limited speed motorcycles and mopeds often need to pull to the right or right side of their lane to avoid dangerous road conditions or to be seen by other drivers. When turning right, signal and check your mirror and the blind spot to your right to make sure that you do not cut off a cyclist.

It is ...

My son, the 16 year old teenager, was cycling along the road and saw a car slowing down ahead of him without showing any turn signals. Unsure of the driver actions, my son turned to the deserted sidewalk on his right where he continued biking for some time until car turned sharply right to his driveway just a meter in front of my son without seeing ...