Got a ticket for not paying parking meter in a parking lot in downtown area. Had contacted the city and the woman answering telephone said that Downtown parking was free on that date. The truth was that street metered parking was the only kind free. She did not say this. I intend to subpoena the woman who answered the phone for the city and will attempt the defence of an honest and reasonable mistake of fact. Am I correct in assuming that a parking offence is a "strict" liability offence and not an "absolute" liability offence. Thank You JFM
Got a ticket for not paying parking meter in a parking lot in downtown area. Had contacted the city and the woman answering telephone said that Downtown parking was free on that date. The truth was that street metered parking was the only kind free. She did not say this. I intend to subpoena the woman who answered the phone for the city and will attempt the defence of an honest and reasonable mistake of fact. Am I correct in assuming that a parking offence is a "strict" liability offence and not an "absolute" liability offence.
I was always under the impression parking offences are absolute liability. This Ontario Court of Justice guide lists parking as an absolute liability offence: http://www.ontariocourts.ca/ocj/self-re ... ses/guide/ Here's a decision on appeal regarding an expired meter from Ontario. The defendant initially got off because the Justice believed the offence was one of strict liability. On appeal it was ruled the Justice erred and the offence was one of absolute liability: https://www.canlii.org/en/on/oncj/doc/2 ... cj188.html
I was always under the impression parking offences are absolute liability.
Here's a decision on appeal regarding an expired meter from Ontario. The defendant initially got off because the Justice believed the offence was one of strict liability. On appeal it was ruled the Justice erred and the offence was one of absolute liability: https://www.canlii.org/en/on/oncj/doc/2 ... cj188.html
So I was driving at night probably between 12am-1am in my fathers car along Derry, upon crossing Hurontario (light was Green) and in the distance I saw no "countdown" or flashing of the stop sign for pedestrians , however, a car running along Hurontario's headlights…
I watched a 1-hour interview with Mr. Mulcahy on Legal Briefs with Lorne Honickman a few weeks ago. I felt terrible for him because he lost his 18-yr.old son at a very young age. When I listened to his pleas for "no tolerance" legislation with regard to…
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few…
I was travelling Eastbound on Finch Avenue West. I had made a left off of Westmore Drive (Just East of Hwy 27) and fell into a speed trap right as I was speeding up from making the left. I was clocked at 72 in a 50 zone. I notice on the ticket it says travelling east bound on Finch Ave E at Humber…
I recently got pulled over and charged with 135 in a 100 zone. the cop claims i was doing 135 when i had my cruise control on the whole way only doing 115. the cop said he was travelling in the opposite direction on the 401 and his radar picked me up. he then did a u turn and caught up with me.…
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
Ok, so I got into a fight with my boyfriend as I thought he was cheating on me. I got angry and I bumped his car with my car once at the side of a residential road, then reversed and bumped into it again. It was not an accident, it was on purpose. My boyfriend was in the car when this happened in…
Yesterday I attended a traffic court in York region.
The process went as you would expect, the prosecutor called each defendant one by one and offered a plea deal and nearly all of them accepted the deal and pleaded guilty.
Near the end of the day the prosecutor asked for a recess to setup some…
I was travelling in town at 12:20am (night), a firetruck came from behind me so I got out of its way like I was supposed to (stopped to side and turn signal), all is good. The firetruck passes me and turns left on the intersection (once again all is good). I now start moving again and have a…
