Search found 486 matches
- Fri Nov 07, 2008 2:26 pm
- Forum: Failing to remain at the scene of a collision
- Topic: car-bicycle accident- fail to remain...
- Replies: 158
- Views: 56035
Re: car-bicycle accident- fail to remain...
I looked at the POA and the 15 day limits. I'm trying to get outside that box. The Limitations Act gives two years upon "discovery". I believe CCC has no limitation for murder and I guess that's how they can reopen or retry. But I think there must be some "miscarriage of justice" clause or statute that allows exoneration when it can be shown you ...
- Fri Nov 07, 2008 9:37 am
- Forum: Failing to remain at the scene of a collision
- Topic: car-bicycle accident- fail to remain...
- Replies: 158
- Views: 56035
Re: car-bicycle accident- fail to remain...
Instead of "appeal", what about "reopen"? I'm thinking in terms of all the wrongly convicted (David Milgaard, Romeo Phillion, Thomas Sophonow, Guy Paul Morin, etc.) and how years later they got a new trial or were exonerated. Granted they fall under the CCC but what is the provision/approach used?
- Thu Nov 06, 2008 8:14 pm
- Forum: Failing to remain at the scene of a collision
- Topic: car-bicycle accident- fail to remain...
- Replies: 158
- Views: 56035
Re: car-bicycle accident- fail to remain...
Selecting a Repair Shop
As long as your insurance company approves the estimate, you may have your vehicle repaired at the repair shop of your choice.
Your insurance company may suggest you bring your vehicle to one of their "preferred" body shops. You may find using one of their "preferred" shops easier, because it puts the onus on your ...
As long as your insurance company approves the estimate, you may have your vehicle repaired at the repair shop of your choice.
Your insurance company may suggest you bring your vehicle to one of their "preferred" body shops. You may find using one of their "preferred" shops easier, because it puts the onus on your ...
- Thu Nov 06, 2008 11:37 am
- Forum: General Talk
- Topic: Set Fines
- Replies: 9
- Views: 3969
Respect!
First there's Cuthbertson in R. v. ONeill, 2008 saying set fines don't apply unless they apply!
Then we've got Justice Boyko in York (Regional Municipality) v. Wilson (2005) saying set fines don't have to be correct. In London (City) v. Young, 2008, Justices Armstrong and Feldman respectfully disagreed with Boyko and said set fines have to be ...
Then we've got Justice Boyko in York (Regional Municipality) v. Wilson (2005) saying set fines don't have to be correct. In London (City) v. Young, 2008, Justices Armstrong and Feldman respectfully disagreed with Boyko and said set fines have to be ...
- Thu Nov 06, 2008 1:37 am
- Forum: Failing to remain at the scene of a collision
- Topic: car-bicycle accident- fail to remain...
- Replies: 158
- Views: 56035
Re: car-bicycle accident- fail to remain...
I think we need to step back a bit and look at the forest. A lot of us were approaching this post as if it were traffic court. And that makes sense for piezomot's son's charge.
However the lawsuit is ordinarily beyond what we discuss here. I point this out because the civil case will not only consider who was within the law, but who was at fault ...
However the lawsuit is ordinarily beyond what we discuss here. I point this out because the civil case will not only consider who was within the law, but who was at fault ...
- Wed Nov 05, 2008 5:58 pm
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speed Trapped
- Replies: 18
- Views: 5783
Re: Speed Trapped
I think that this issue is the "fear" point of most people who wish to fight their ticket. The complexity of a speed fine.... :!: ...... this "should" be easy. I created a section on my website to provide comprehensive information on fines. At first I was just going to duplicate the charts for set fines, victim surcharge and court costs. As I got ...
- Wed Nov 05, 2008 5:25 pm
- Forum: General Talk
- Topic: Ontario may ban cell phones while driving, your thoughts?
- Replies: 15
- Views: 4842
Re: Ontario may ban cell phones while driving, your thoughts?
I'm driving through an intersection today and the guy in the oncoming lane almost cuts me off trying to make a left turn. He's smoking a cigarette and talking on his cell phone. I would have honked but he was a cop in a marked cruiser. DOH!
- Tue Nov 04, 2008 11:24 am
- Forum: Exceeding the speed limit by 30 to 49 km/h
- Topic: Speed Trapped
- Replies: 18
- Views: 5783
Set Fines vs Statutory Penalties
lawmen: R. v. ONeill, 2008 , was an interesting read. At the end of it all I came away with the following: Set fines are for out of court settlements, not for penalties after trial. Therefore set fines shoul be be used on the ticket (which is bear's point - they have to write the set fines down on the ticket, not the HTA fines.) Finally (and here's ...
- Mon Nov 03, 2008 9:33 pm
- Forum: General Talk
- Topic: Court date adjoured to a Sunday??
- Replies: 6
- Views: 2344
Re: Court date adjoured to a Sunday??
Since the only other possible date is before the Sunday, I would show up on the 12th and see if your name is on the docket. It's usually posted outside the courtroom. That will answer your question without any inquiry on your part.
If you requested the adjournment, the clock isn't ticking for an unreasonable delay argument. So even if it was ...
If you requested the adjournment, the clock isn't ticking for an unreasonable delay argument. So even if it was ...
- Mon Nov 03, 2008 9:19 pm
- Forum: Failing to remain at the scene of a collision
- Topic: car-bicycle accident- fail to remain...
- Replies: 158
- Views: 56035
Re: car-bicycle accident- fail to remain...
Talking about possible scenario, let's say the judge (small claims) would decide that the car driver is right and we must pay for the damage, shouldnt I re-address this towards my home insurance company so they will pay? 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 ...
- Sat Nov 01, 2008 1:40 pm
- Forum: General Talk
- Topic: Parking in fire route + 114(18)
- Replies: 8
- Views: 7364
Re: Parking in fire route + 114(18)
I did a little more research into this. The fire route is covered under Section 7 of the Fire Protection and Prevention Act. The by-law is enacted under Part XIV of the Municipal Act.
I want to keep this as a handy reference for others who may want to know the charging acts.
I want to keep this as a handy reference for others who may want to know the charging acts.
- Sat Nov 01, 2008 12:51 pm
- Forum: General Talk
- Topic: Ontario may ban cell phones while driving, your thoughts?
- Replies: 15
- Views: 4842
Re: Ontario may ban cell phones while driving, your thoughts?
I used to be in favor of banning cell phones while driving but I just don't trust this government to write fair and balanced legislation. It seems to me the same thing occurred just recently: we have a problem with street racing let's write a law about it let's charge thousands of people who aren't street racers If a cop sees someone with their ...
- Sat Nov 01, 2008 12:27 pm
- Forum: General Talk
- Topic: BILL 117
- Replies: 14
- Views: 4505
Re: BILL 117
What about sidecars?
- Wed Oct 29, 2008 6:41 pm
- Forum: General Talk
- Topic: Parking Ticket - Ticket placed on car once in a legal spot
- Replies: 7
- Views: 3703
Re: Parking Ticket - Ticket placed on car once in a legal spot
It's an interesting scenario. Theoretically the prosecutor could drop the ticket and the officer could issue a part 3 notice. But they'd really have to be out to get you to do that. I'm talking an Al Capone tax evasion kind of way. At that point it amounts to a battle of egos and wills, not a battle for justice.
As to how the judge sees it, I ...
As to how the judge sees it, I ...
- Wed Oct 29, 2008 11:08 am
- Forum: General Talk
- Topic: Parking Ticket - Ticket placed on car once in a legal spot
- Replies: 7
- Views: 3703
Re: Parking Ticket - Ticket placed on car once in a legal spot
If you manage to drive off before he places the ticket on your windshield, you're clear. The POA states that service occurs
not later. I don't believe you can mail a parking ticket to the owner.at the time of the alleged infraction