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You will use this Form, 4F, to file your stay application. The Form is on the link below.

http://www.ontariocourtforms.on.ca/forms/civil/04f/RCP_E_04F_0707.doc

You will follow rule 4, on the link below, with respect to format, content, binding documents, and affidavit of service.

http://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest/rro ...

Yes. If the set fine is incorrect it is a fatal error and you cannot be convicted.

Here's the case law.

http://www.canlii.org/en/on/onca/doc/2008/2008onca429/2008onca429.html

If you've given notice to appear and received a notice of trial things change though. Current the court will still not convict you if their is a fatal error on the ticket ...

The forms the government are using are invalid. You haven't been charged. There is no proceeding before the court. The certificate the cop filed with the court is a nullity.

For more info read my last 20 posts or so. You find them by clicking on my name and in my bio it will say read all greatest canadian posts.

You will win the case just based on the delay.

Her s. 11(b) charter rights have been breached.

Tried within a reasonable time; 20 months is wayyyy too long.

Besides, the ticket she was issued is invalid.

You already won.

What's you take on stop signs. Stop signs at a 4 way stop intersection are not required by law to have the "ALL WAY" tag attached below the sign. If a municipality elects to add the "ALL WAY" tag and they do not add the Bilingual "ALL WAY" tag, does it invalidate the stop sign all together, or just the "ALL WAY" tag?

The sign regulation makes no mention of surface painted lines with respect to designated lanes. It does provide for road marking for crosswalks and crossovers. It seems odd that surface painted lines is covered.

But now that I read the regulation, I'm convicnced that upwards of 90% of the crosswalks and crossovers are not enforcable because the ...

If you didn't get a ticket how can you get a fine, or jail time?

What is the yellow paper you talking about?

It has to have a title on it, (offence notice or whatever) or its FORM 2 or whatever?

You have not been charges properly. The ticket you were issued is invalid thus they is no valid proceeding before the court. You cannot be convicted and even if they convict you then you will win your case on appeal.

S. 8 of the POA allows you to settle out of court by pleading guilty and paying the set fine.


http://www.e-laws.gov.on.ca/html ...

First of all, all the tickets you received to gain the points that got you suspended were invalid.

If you had any offences served on you by summons, points were not permitted to be applied for that offence, either.

What offences were you convicted of to get all these points?

Did you plead guilty out of court or were you found guilty after a ...

Merge is a popular term. I think I've even seen some merge signs. But it's not a valid sign and there is no provsion dealing with "merge" and I think the word merge is only ued once in the entire HTA.

Section 154(b) deals with a three lane roadway. One lane in each direction and a turning lane in the centre. The centre cannot be used for travelling on, however it can be used to make a turn or even to pass another vehicle.


Where highway divided into lanes

154. (1) Where a highway has been divided into clearly marked lanes for traffic ...

Did you get a ticket or not?

If you did, you got an offence notice or summons.

What is this yellow sheet you refer too?

You can represent her but you cannot be paid money or other valuable consideration. She can't agree to give you sex or buy you dinner. Nothing.

If you get in court and don't know what you're doing the court can stop you from representing you.

But you don't even need to go to court to beat this ticket.

Did you already send in notice pleading ...

It appears you both understood me, but I have a MAJOR typo in my previous message. I said ... you do not block or delay side road traffic from turning left onto the roadway you're travelling on once they reach the intersection... and I meant to say turning right. Not left.

Driving in the seond most right lane doesn't help the sideroad driver make ...

If there are 5 lanes, two in each direction and one centre turning lane, you show drive in the lane between the centre lane and the rightmost lane.

I'm not sure if the HTA calls for this, but it is the professional way to drive.

Why?

Because if you're in the rightmost lane and a car from a side road is trying to turn left onto the roadway you ...

Under HTA s. 1 a sign is defined and must be approved by the Ministry.


"official sign" means a sign approved by the Ministry;


HTA sign are created by regulation 615.

Only the Lieutenant Governor in Council may make regulations requiring signs.


Regulations, signs and markings

182. (1) or providing for the erection of signs and the ...

This provision is unenforcable.

It states a city by-law can prohibit commericail vehicles from using the leftmost lane. It states the city must post signs overhead.

The only sign a driver must follow is an official sign created by HTA regulations, and their is no official sign the city can post.

Any sign posted is not enforcable ...

Good point about the centre lane being a trucker passing lane, however, unless there is a regulation (and there may be) trunks can travel in all lanes. I don't see where they are excluded from the leftmost lane when there are 3 or more lanes going in one direction.

Moreover, if there are only two lanes going to one direction the trunks can still ...

When there are three lanes of traffic in each direction you may drive in the centre lane or left most lane at anytime.

HTA s. 150(b) deals with passing and articulates that you may pass to the right with two or more lanes. You could only pass to the right if you were travelling in the left most or centre lane.

The section says two or more "lines ...

What I do for a livng is not important (I'm retired). I never worked in the legal field full time. What does that matter? If only those in the legal field are capable of understanding the law, then lay people are not subject to it since they aren't capable of understanding it.

But if only people in the legal inductry understand law, then how does ...

In many of my posts I ad the in my view or in my opinion, but I don't need to add that. Everything on the Internet is opinion, not fact.

There is nothing I posted that you could shoot a hole in or else you would've.

Laws are not made for cops, crowns and judges. They are made for citizens. If you read a law and can't understand then the law is ...

In 2007-8, nickel was at $20 to $25 a pound. Nickel coins today are not make of pure nickel, however, certain older nickel coins still in cirulation are.

A 5 cent nickel coin was worth 20 cents, or whatever it was, due to the nickel content. Most nickel coins in the USA are still pure or almost pure nickel.

Wise guys were melting down the ...

Clearly Option 1 on the parking infraction notice instructs you to only pay the set fine should you wish to settle out of court.

http://img16.imageshack.us/img16/9342/parking.gif

The parking infraction notice is in compliance with s. 16 of the POA, as it should be.


Payment out of court

16. A defendant who does not wish to dispute the ...

More major problems for poor old s. 172.

The NATIONAL CAPITAL ACT (NCA) and it's Regulations are subject to the HTA and HTA Regulations. Well sort of.

http://www.canlii.org/en/ca/laws/regu/crc-c-1044/latest/crc-c-1044.html

If you get caught speeding on the property of the National Capital Commission, under the NCA regulations you are subject to ...

Just found this.

They serve your personally or by regular mail.

You fall under s. 52 (2) so you are only considered notified that you are suspended (if you really are) after the 7th day. You could not tell a cop you received the notice yesterday and are not suspended until the 7th day, though. You're suspended as soon as you get the notice or ...

The government will argue that the justice is imposing the set fine for the offence you committed, however, upon a conviction being entered, the POA statute imposes additional fines. These additional fines are not imposed by the justice for the conviction of the offence committed.

With respect to the court cost fine, it falls under Part IV of the ...

If you are issued a certificate of offence and an offence notice and give notice of an intention to appear, and then fail to appear at the time and place appointed for the hearing, under POA s. 9.1(1), you are deemed not to dispute the charge.


Failure to appear at trial

9.1 (1) If a defendant who has given notice of an intention to appear fails ...

If you can read, and are a paralegal, and have read POA s. 8, and the offence notices, and the French Language Service Act, and disagree with my arguments, then you should refund all your clients the money you ripped them off for while failing to properly represent them, and retire.

You were issued a certificate and an offence notice.

The offence notice is completely invalid thus you cannot be convicted.

Read my "Even More Ontario Government Corruption" thread in the general section for more info.

The offence you committed was turn right on a red.

This sign must be at the intersection. No other variation of a no right turn on a red is valid.

http://img267.imageshack.us/img267/1858/noright.gif

Moreover, the offence notice you received is also invalid. You cannot be convicted.

You cannot pay fines with phony, fake, invalid Canadian ...