A place to discuss any general Highway Traffic Act related items.

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Bud416
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Re: Missing Set Fine - Missing Total Payable

by: Bud416 on

As per daggx's suggestion, I called a month after receiving my ticket to check on the status. The clerk mentioned it was still open and I am still within the grace period of responding to the ticket.


Received the ticket on Dec 07, 2016.


While calling in, they mentioned the City of Toronto now has an online database to check on the status of your ticket (https://secure.toronto.ca/CourtCaseLookUp/welcome.jsf).


I put my information in and the ticket says it is Active and the Total Payable Amount has been correctly set.

jsherk
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Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on

It does not matter what the system says... if your ticket does not have the set fine on it, it is a fatal error. The only way they can fix it, is if you show up for the trial. I would not go to trial if it was me.


What I would do, about 2 days before the trial date, is fax a letter to both the Prosecutors office and the Clerks office that says the following:

"With regards to my ticket#123ABC , it has come to my attention that there is no set fine on my ticket and that this is a fatal error and the ticket should be quashed. Therefore I will not be attending trial. Thank you."


If you show up for trial they will fix it, so do not go.


Two things could happen...

(i) The JP will see the error of missing location and quash the ticket and you dont have to worry about it anymore.

(ii) The JP will not see the error and will convict based on "deemed not to dispute the ticket". If this happens then you need to file an appeal based on the JP making an error at law. You then show up to the appeal with the copy of your ticket and tell Judge that the JP should have quashed it because there is no location on it. Make sure you file an APPEAL and not a REOPENING. You will have to pay the fine to file the appeal. Once the appeal is heard, you will get your money back.

+++ This is not legal advice, only my opinion +++
ttlt_11
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by: ttlt_11 on

For anyone searching this in the future, a friend just went through all of this and it works as of Apr 2022.

1) They received a ticket for disobey stop sign, noticed No set OR Payable amount on ticket

2) Did not pay or inquire about ticket

3) Kept checking provincial ticket lookup, 2 months later “Quashed In Absence”

Only thing is the officer has 6 months to re issue a ticket.

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