Ontario Highway Traffic Act

If the cop was using lidar (laser) then he could get the speed of both vehicles individually. It also means he has to take his eyes off one vehicle to target the other vehicle. If it's radar then he couldn't get the speed of both vehicles.

If the first vehicle is a Yukon and you're in a smart car, it would be pretty hard to see you. If it's the ...

Regarding all these issues about set fines, if the court can impose any fine they want within a range, can they also not indicate what fine they will impose by [wait for it] establishing a set fine as a guide for justices? I'm quoting myself I know but since reading the most recent decisions and judicial dissents I have to clarify this earlier ...

It was in Toronto - Bay and Bloor area. The set fine is $85 and total payable $110. Thought you mentioned that any fine for HTA 144 should NOT have a set fine listed since it's between 60-500 and if there is a set fine then it's an error and to contest it. Schedule 43 lists a set fine of $85. When you add the $20 victim surcharge + $5 court costs ...

lawmen wrote:MS. CARTER: I believe it'd be the Crown's submissions first as we're offering no defence evidence.

Lawmen: you just don't get it. Charter rights are so 1990s. This is Ontario 2008: Roll-over. Play dead. Good defendant.

Bookm wrote:How could this be a Strict Liability offence? It's Speeding! If you sped, you're guilty, right? (no option for due diligence).

Check out the case that I cited above: R. v. Araujo, 2008 ONCJ 507. They are treating s172 as a strict liability offence!

Should I ask for disclosure a second time if I didn't receive it? ... Should I be nagging them to send me stuff? You should definitely send a second request referencing the first. You should also state you are very concerned that they haven't responded. Their lack of response is not allowing you to prepare a proper defence or answer to the charge ...

lawmen wrote:http://www.canlii.org/en/on/oncj/doc/20 ... cj507.html

THE COURT: "I've got to tell you, that client should be here to see all of this careful and able work."

Hahahaha!

What a disgrace.

I truly hope the judge was being sarcastic.

The Crown is taking a position that this is a strict liability offence. Given two witnesses, both officers with equal credibility (!), the default judgement is with the defendant who gave the classic strict liability defence.

I'm concerned as to why the Cst. Donnelley did not say anything to Tapp while he was allegedly driving an OPP cruiser at 180 km/h on a dark country road (lots of wildlife), then turned him in SIX DAYS later. If this is the same Llyod Tapp who used to be the bouncer at the Alpine Motel on Kingston Road in the 80s, then not only would I not say ...

I can't comment on Peterborough specifically but I thought Attorney General rules are no mailouts, you have to pick up disclosure??

Most likely, given the short turnaround, disclosure will be ready just before trial. You can pick up disclosure on the day of trial and ask for an adjournment to go through it. If the disclosure is inadequate (and it ...

You gotta have cake!

Why would I have my insurance on me while driving his van? I keep my insurance papers in my jeep, doesn't everyone? I keep my insurance in my wallet in case I drive somebody else's vehicle. An insurance company will issue two sets of pink slips, keep one in the car and one in your wallet. You can ask for more copies if you have multiple drivers in ...

Spanky, you said the boss didn't put insurance in the van AND that you are concerned about your insurance going up. Why didn't you just provide your insurance as proof that you are insured?

You also mentioned the tires affecting the speedo?? There may be a "defence of causation" in that but you would need a mechanic to step up to the plate for you ...

I had the understanding that the court fees are added to the ticket whether you fight it or not, no??

The ticket already includes the set fine, victim surcharge and court costs. Going to court doesn't cost any more (except your time).

My fine went up when I lost. Two sets of fines.... I updated my site several times this week as I became aware ...

I have no clue why your insurance is cutting him a cheque when they haven't even invesitgated. Seems really odd to me. They'll get it back with interest from the increased premiums they'll charge over the next few years.

I also think they would have investigated. No one cuts a cheque without paperwork and line authority approval. Otherwise there ...