Ontario Highway Traffic Act

First officers on scene.thought the charge should be failure to yield......

Sounds like they were right the first time however by-law charges don't carry the fines that HTA violations do so the charges usually get trumped up. They always say that the charge isn't something they want to apply but they have to and they tell you how to fight it ...

There is a by-law that specifically states "No person shall drive a motor vehicle upon a sidewalk or footpath or designated multi-use recreational trail except for the purpose of directly crossing it."
Why would the city cover something that the HTA already addresses?
In addition: "A person driving a motor vehicle across a sidewalk or footpath or ...

Sidewalks are within the lateral property lines of the roadway which the municipality owns however the HTA doesn't define it's use very well. We all know it's illegal to drive your vehicle along a sidewalk but there's no offence for this under the HTA

The word sidewalk shows up twice in the HTA. Once to describe a crosswalk as the sidewalk ...

Charge was withdrawn today. Seems the private driveway and sidewalk are not part of the highway or roadway as the constable thought. Charges under the HTA were incorrect and it should have been the city bylaw but of course city bylaw infractions are not as sexy as HTA violations. If they would stick to the law instead of trying to make a charge fit ...

I was backing up in my driveway and struck a pedestrian on the sidewalk that intersects my driveway. The pedestrian must have stopped walking in my blindspot and then started again just as I began backing up - I never saw her. I received a ticket for fail to yield to pedestrian HTA 140 (1) (a). There were minor injuries to the pedestrian.
My ...