Search found 51 matches

by pinch
Mon Nov 02, 2009 7:26 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 5762

From TC's website: The cost of the transcript depends on how long your trial was. The longer it took, the greater the amount to be transcribed. You will be asked to pay a nominal $25 deposit to start the process. When the reporter examines the recording, she will provide an estimate that you will ha...
by pinch
Mon Nov 02, 2009 5:39 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 5762

I just learned how much it cost to file an appeal. Forget it, no way.
by pinch
Sun Nov 01, 2009 7:21 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 5762

If I file an appeal, can I drop it before it goes to court if I change my mind? I'm not sure I should be fighting this, as I have more pressing things in my life to deal with right now. But I'm getting hooked on this. I'd like to keep my options open on fighting this.
by pinch
Sun Nov 01, 2009 4:35 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 5762

OK, I've spent some time with the HTA and POA and I can't find any mention of the crown being required to provide a by-law for moving violations. I think that whoever though up this strategy might have it confused with with the requirement for a by-law in respect to parking violations: http://www.e-...
by pinch
Sun Nov 01, 2009 8:52 am
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 5762

I'm not sure I am capable of handling an appeal myself. I didn't conduct myself too well in court due to my inexperience. And I have read several members here post that an defendant should hire a professional to appeal a decision. That simply isn't an option for me right now. I will give some though...
by pinch
Fri Oct 30, 2009 7:19 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 5762

I tried this defence and lost. I argued that contrary to HTA 137(a) the town had not passed a by-law authorizing the erection of the stop sign that I had been charged with failing to stop for. The Justice asked me how I knew this and I explained how my town had a website were you could review by-law...
by pinch
Sat Oct 10, 2009 4:46 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 5762

I'm resurrecting the dead because I had the same question and just found the answer from one of ticketcombat's posts. The crown cannot not serve disclosure at the last minute: Second,in R. v. Egger, [1993] (2 S.C.R. 451), the Supreme Court stated "disclosure must be made early enough to leave the ac...
by pinch
Fri Oct 09, 2009 8:05 pm
Forum: General Talk
Topic: 2 smart cars share condo underground parking spot, ticketed
Replies: 13
Views: 5474

You did not and cannot post an Act that allows a city to issue tickets on private property. Section 100 and 100.1 of the Municpal Act come close but in my view don't apply. First, is a parking area within a condo considered "land"? A condo is also not a parking lot within the meaning of s. 100, it ...
by pinch
Fri Oct 09, 2009 9:55 am
Forum: General Talk
Topic: 2 smart cars share condo underground parking spot, ticketed
Replies: 13
Views: 5474

If you believe that the city can't issue tickets on private property (when given permission by the property owner), why not park your car in a condo parking lot and try it out yourself. Fight the ticket in court and let us know how it turns out.
by pinch
Wed Oct 07, 2009 9:14 pm
Forum: General Talk
Topic: 2 smart cars share condo underground parking spot, ticketed
Replies: 13
Views: 5474

You should also consider organizing either: 1) A coup to elect yourself and your friends to the board so you can fix the bylaws. 2) Organize a bylaw change to specificially allow 2 your situation. Good points. Even is the OP succeeds in a lawsuit, the board of directors can move to amend the bylaws...
by pinch
Wed Oct 07, 2009 9:07 pm
Forum: General Talk
Topic: 2 smart cars share condo underground parking spot, ticketed
Replies: 13
Views: 5474

If the building is not owned by the city then the Toronto Parking Authority has no jurisdiction to issue parking tickets on private property. Wrong. The corporation can grant the parking authority permission to issue tickets on it's property. In fact, management firms usually use security firms tha...
by pinch
Tue Oct 06, 2009 7:17 pm
Forum: General Talk
Topic: 2 smart cars share condo underground parking spot, ticketed
Replies: 13
Views: 5474

Fight the ticket, sure. But there is no need to go to court against your building yet. Simply bypass the property manager and take you issue up with the building's board of directors. Let them know that there is no no clause in the corporation's bylaws that state one space = one car. Let them know t...
by pinch
Mon Oct 05, 2009 10:37 am
Forum: Courts and Procedure
Topic: Improper disclosure – What would you do?
Replies: 6
Views: 2158

Well I'm confused then. I've read a number of posts here that say the crown must provide a municipal bylaw that authorized the placement of the stop sign. Otherwise, how can the sign be legal? I'm searching CanLii, but I haven't found anything yet. I'll let everyone know how it turns out in court.
by pinch
Fri Oct 02, 2009 5:25 pm
Forum: Courts and Procedure
Topic: Improper disclosure – What would you do?
Replies: 6
Views: 2158

OK, if this did end up going to trial, can the crown introduce evidence at trial that was not included in disclosure? Like introducing the by-law at the last minute?
by pinch
Mon Sep 28, 2009 7:37 pm
Forum: Courts and Procedure
Topic: Improper disclosure – What would you do?
Replies: 6
Views: 2158

Improper disclosure – What would you do?

I got pinched for a stop sign offence back in the spring. I requested disclosure using the template provided on Ticket Combat's site. The package I received from the prosecutor did not include a copy of the municipal by-law for that stop sign. Since my court date is one month away, I thought I shoul...

Go to advanced search