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Also keep in mind that higher courts set precedents. So decisions by the Supreme court on done become binding to lower courts. Only at the lowest level (cases that have JP's) are rulings not binding. So when looking for case law to make a defence, you want to ensure that you use rulings from the highest courts if possible (although lower court ...

Another happy customer! Congrats on the win!

The prosecutor then explained that the court does not have the legal jurisdiction to 'quash the charges simply because the form has been revoked as the certificate (???) is valid.

In these proceedings, the court receives a certificate of offence while the defendant receives an offence notice form ...

Nicely done! Congrats! 8)

While a win is a win, it's always a little more gratifying when your hardwork and effort pays off (as opposed to being totally unprepared and having the cop/witness not show up).

My co-workers and friends laughed at me and shook their heads in disbelief over the amount of time I spent on my case but yo and behold all ...

Got the ruling today. The ticket was quashed.

As this was a first level OCJ ruling, it isn't binding so you don't necessarily need the case law to make the same argument. I have to check with the defendant tonight to see if she's OK with me plastering her name all over the internet.

Anyone can make the same argument in court. The argument is a ...

Generally they have to mark your car (usually by chalking the tires with a line on the side from the top of the tire to the rim) first and then come back an hour (or whatever the limit is) later to verify that you have over-stayed (theoretically you could move to another spot far from where you originally were and if the chalk line ends up at the ...

I wonder if the the JP bought his defence and acquitted him of the speeding charge at least? Kinda funny if they did.

Came across an informative document from the City of Toronto Revenue Services regarding parking ticket activity for the year 2008:

http://www.toronto.ca/transportation/news/2009-04-15/pdf/parking_ticket_activity.pdf

It's a high-level overview used by the city for whatever reason.

The most intriguing part I noticed was on page 3 in Table 2. This ...

So i looked at my ticket and the date of offense was September 3rd 2009, but the officer certified the ticket and signed on September 29th, 26 days after the offense. Since he took longer than the allowable 23 days to serve the notice is my ticket invalid?

While I can't speak from any courtroom experience with this particular defence, I noticed ...

Perhaps we will be seeing the driver of this SUV here soon asking for advise:

The video is here:

[youtube]http://www.youtube.com/watch?v=Do6pmYfNco0[/youtube]

The Toronto Star article is here:

http://www.thestar.com/news/gta/article ... arged?bn=1

This discussion was very helpful and provided some needed clarity. Appreciate you taking the time to answer my inquiries.

I'm approaching the factum with a slightly different argument than what you've outlined but similar in substance (lame pun intended). I'll fill in the details when I have a bit more time; at work right now.

Thanks again.

Say that the certificate is correct. How then can the proceedings be invalidated?

Okay, so I understand that a certificate must not be defective as according to section 90 (1) (a). But an offence form is not a certificate as we've covered.

So, how do we know if the certificate is defective? Is it because the offence notice itself is invalid or does it have to do with the set fine being incorrect as per your Fri Oct 16, 2009 9 ...

Why would section 90 (1) have to apply to a certificate if it is correct and the offence notice is not???

Section 3 doesn't even require the issuances of an offence notice:

Issuance and service

3. (2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing, a certificate ...

The certificate of offence and offence notice are one document but two forms. When it is filled out the top part is the certificate and the carbon copy is the offence notice. The certificate is Form 2 and the offence notice is either Form 5 or 5.1, depending on if the offence was committed in a prescribed or non precribed part of Ontario.

At ...

But the red light camera ticket that has been revoked (and is the topic of conversation) is an offence notice not a certificate. And the court could definitely determine that a "revoked" offence notice form is simply an irregularity which grants it jurisdiction:

Definition from Dictionary.com

ir⋅reg⋅u⋅lar⋅i⋅ty
–noun, plural -ties for 2, 3.
1. the ...

Hi TC,

Just wondering if you'll be able to post some info on your sucess to get the court to quash the proceedings due to the invalidity of the offence form. In all the case law I found the courts were in general agreement that as long as the substance of the form was not defective or prejudiced the accused, the form itself could be amended (i.e ...

I'm curious as to how the officer ascertained that you were not wearing corrective lenses. Did he specifically ask you if you were wearing contacts or had taken off your glasses? Did he try to test you by asking you to read a distant road sign or something of this nature? What was the specific section you were charged under? Was it this section ...

FiReSTaRT wrote:Pennies and spark plugs are more effective

But an "ACME" anvil would be funnier!

The considerate "city-driver" thing to do would have been to show him the errors of his way. If a physical beating could not be done then a simple; pull up beside him, scream obscenities at him and his family and peel away; should do it!

Thanks for the tips R.I. I was thinking along the lines of first deconstructing the language of the two applicable sections in the POA (34 and 90) in order to show why they do not allow the invalid form to be "cured". Then I was going to provide case law where errors were "cured" in order to highlight specifics of where these sections apply. There ...

Had my trial today. I raised the defense that the specific offense notice form issued had been revoked hence invalidating the charge. The JP adjourned the matter to December. While she researches my request, I am required to submit a "technical" statement of the grounds of my request in 30 days in order to give the crown enough time to rebuke my ...

Would I need to obtain a copy of my ownership from a Licensing office (i.e. Certified Owner by Vehicle Identification Number document) or is my Vehicle/Plate permit sufficient? Can the prosecutor amend the Certificate of Ownership after it has been entered as evidence? Kind of curious at how the courts treat human error. Seems to me that they have ...

Interesting approach but I am not sure I understand the logic behind it. If I submit the correct ownership as evidence, wouldn't I essentially be correcting the prosecutor's mistake as the correct ownership is now in evidence (hence self-incriminating myself)?

Wouldn't it be wiser to not to submit anything and then depend on the JP and prosecutor ...

Thanks for the comments. It encouraged me to look through the POA again and I found the following which does not work in my favour:

Amendment of information or certificate
34. (1) The court may, at any stage of the proceeding, amend the information or certificate as may be necessary if it appears that the information or certificate,

(a) fails to ...

Hi KiX,

The car in the photograph is mine. It is just the certificate of ownership given to me by the prosecutor is for the wrong plate (they didn't notice the error). What I am thinking, and correct me if I am wrong as I have not been to a red light camera trial before, is that the prosecutor must prove two things for a conviction based on ...

This past Saturday, the OPP had a speed trap setup in the construction zone east of Windsor where the speed limit is reduced to 80. I cannot remember the name of the overpass they were setup at but when the highway is reduced to one lane there is a curve ahead and the first overpass on the curve is where they are stationed at. Best to begin slowing ...

FYI... originally posted this topic in the General Talk section. Deleted it there and reposted here.


I just recently received my disclosure package in the mail for a red light camera ticket. It took two requests and as to be expected was incomplete with no explanation for the missing pieces. I was hoping for some guidance on my next step ...

Wonder whether that could be taken as a potentially encouraging sign for others facing a similar predicament? I'd assume that if the courts consistently ruled against the argument (over the use of an invalid form) that the city would not bother with changing it (it is an unwieldy bureaucracy where glacial changes are expected). Otherwise, why ...

We have an old plate that holds sentimental value (first plate ever issued) and we did get a warning about the rust, but no ticket. I have since cleaned up the majority of the rust and moved the worse of the set to the front, but now the paint looks very faded, though still legible. I'm also curious if non-vanity-plates can be replaced, and ...

That's why I am apprehenisive about asking anyone in court any questions, especially if directed by the prosecutor/police. Frankly, they should have signs that say, "if you have any questions, then plead guilty; we will answer it then."

Incidentally, I think section 205.25 of the HTA supercedes section 13 of the POA:

Regulations, red light camera ...