Ontario Highway Traffic Act

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then explained that the court does not have the legal jurisdiction to 'quash the charges simply because the form has been revoked as the certificate (???)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