Ontario Highway Traffic Act

My experience in court re: "by-law defense".

For reference, I'd posted some details about my ticket in the following threads:
-http://www.ontariohighwaytrafficact.com/topic2439.html
-http://www.ontariohighwaytrafficact.com/viewtopic.php?p=15702

There is a thread here "Do all signs require a by-law"
http://www.ontariohighwaytrafficact.com ...

So I picked up my disclosure packet, and it contained the Certificate of Offense (in contrast to the Offense Notice which I was discussing originally).

The "filed" date on that document is the day after the offense date. So SOL in that regard. ;-)


The prosecutor did not provide the by-law for the stop sign (but such by-laws are not _required ...

Hi tdtd :

Hi Biron, thanks for your thoughtful response!


THIS IS NOT LEGAL ADVICE , IT IS JUST AN OPINION

Acknowledged. :-)


Yours is certainly an interesting case. It seems that you are dealing with a sloppy cop and some negligent prosecutor.

I wouldn't be surprised. The officer issued a Notice of Motion to adjourn (as he was going to ...

Hi Simon. Not sure I agree with your summary of my statement (although I guess I was stating several things, and not too clearly!).

My PON is stamed on the back "FILED Jul 10 2009 Halton Court Services" (which was 3+ weeks after the offense date). I take that as the 'date filed with the court' (as per POA Sched. 4, s. 1 (4).). "Filed" seems to be ...

Prosecutor moved to adjourn due to officer being on holidays on original trial date.

Notice of Adjournment states "it is your responsibility to contact the court to determine the new date". This seems somewhat lax, there is no audit trail that I've contacted the court or been told over the phone the correct date.

It also seems to be contrary to ...

when the PON's are turned in they are "stamped" with the received date.

Any idea why a filing date would be past the 7 days (I.e. shouldn't the court refuse to accept the PON for filing)? According to:

http://www.canlii.org/en/on/laws/regu/rro-1990-reg-200/latest/rro-1990-reg-200.html


11. (1) The clerk of the court shall not accept for ...

Hi Simon, thanks for your thoughts.

I had more details on a post in the Courts & Procedures section, but I see that is a subsection of the Law Enforcement area, so maybe it is in the wrong place.

(this is the post for reference: http://www.ontariohighwaytrafficact.com/post15622.html)

I would assume the date is the date that is _stamped_ on the ...

Hi all. Great site!

I have a disobey stop sign/fail to stop (HTA 136(1)(a)).

Filing date stamped on the back is 3+ weeks past the date of the Offense Notice.

From what I understand, this shouldn't have even been accepted by the court clerk, but perhaps there was human error. I'm assuming this type of fatal error cannot be corrected by the ...

Great site (also ticketcombat is helpful)!

I have a disobey stop sign/fail to stop (HTA 136(1)(a)) PON.

Stamped on the back is "FILED Jul 10 2009 Halton Court Services"

That date is nearly a month after the (alleged) offense date (2009-06-14).

So is that stamp like a 'get out of jail free' card? Guaranteed, foolproof, easy to use? I just move ...