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Ok, so the ticket is right if it shows $75 as the set fine, with a total payable of $95?

20 x $3.75 = $75 set fine + $15 VFS + $5 service cost = $95 total payable

If the HTA table was used, it would be:

20 x $4.50 = $90 set fine + $20 VFS + $5 service cost = $115 total payable

I was thinking a London (City) v. Young argument could be used on ...

Hi,

A friend got a ticket Jan. 9th of this year for doing 110 kph in a 90 kph zone, so 20 over.

What should the set fine and total payable read?

It's confusing to me, as the prescribed fine under HTA s.128 is different than the set fine enumerated by the Chief Justice of the Ontario Court of Justice.

Why would these be different? Has the Chief ...

The prosecution does have grounds to bring you back to court for a retrial. The charges have been stayed, and there is no statue of limitations for them to challenge you or revise the stayed decision.

When you file a charter motion to get the charges stayed.. It basically means you want the charge to be paused, and proceed no farther. But the ...

Court was for 9 am … after the prosecutor had talked to everyone that was there, it was near 9:45! I would guess there were 25 people there, and only I asked for a trial (well, there was another, but she soon took a plea). The prosecutor at first offered to swap the FTC for an "unsafe lane change" charge, which would be the same fine approximately ...

I thought that a R. v. White exclusion was only allowable in a criminal offence context?

See Toronto v. Baillie, 2007 ONCJ 244 .

J.P. Quon did a pretty comprehensive overview of the "principle against self-incrimination" caselaw to that point, including R. v. White .

It says that in a regulatory offence context, self-incriminating evidence can ...

Keroba,

I'm still confused.

What I would like to do right now is send a letter to the court office requesting that they "speed up" the trial date. This way I'm proving that I would like this solved ASAP just in case the judge questions my 11(b) request.

The 11(b) forms willl be submitted at least 15 days prior to the trial date which I believe ...

Is this disclosure request form ok?

http://respect.to/wiki/pmwiki.php?n=LegalInfo.RequestForDisclosureForm

As for the 4F template, that's when I submit a request for stay of charges (11(b)), at least two weeks before the trial date, right?

Thanks!
As for the disclosure form, looks fine to me. I would just - in addition to your general request ...

Simon Borys wrote:Not sure but I'm interested to hear what comes of this.

For anyone new to this thread, this is how it played out.

You can search or goto a paralegal to draft your File form 4F, "Notice of Constituional Question" I believe it is. Your choice.

Hi Reflections,

I would like to send a letter to the court office saying that I haven't received the notification yet and requesting if they could "speed up" the process.

Would you have a template?

Thanks again.
You ...

R. v. Reiber, 2007 ONCJ 343 , para 15:

In R v Smith, [2002] OJ No 3270, Halikowski J, sitting as a POA appellate court accepted the necessity of having all of the essential elements of the included offence as part of the original offence. In that decision, the court at paragraph 8 stated:

Mr. Smith also argued that the offence of following too ...

I got this ticket in November of 2009 and requested a trial date.

I haven't receiving any notification yet. It's been almost 10 months.
So today I visited the court office and the lady searched the system.

She says there's a date for the trial, end of December of 2010.
That's going to be 13 months. I didn't sign anything, so officially I think I ...

My experience with a s.135 POA appeal

First, the short strokes for those that like to skim:

1. Got a ticket for Fail to Have Insurance Card
2. Total payable for that should be $65 ($50 set fine + $10 victim fine s/c + $5 costs for servicing of ticket), it was written as $60
3. Seeing this, I deliberately defaulted on the ticket by not ...

If you are charged with FTC, and it's clear from the evidence that really you were just driving carelessly, then there's no way they can convict on FTC, and no way that they can substitute a Careless Driving charge for the FTC (definitely no way after 6 mos from the offence date). If you are charged with Careless Driving, you can be convicted for ...

what if the speed limit is posted at 70km but the ticket said 60km?
would the ticket be wrong?

Yes the ticket is wrong, but you will have to prove it.

how would i prove this with pictures? video?
so who needs to take the pictures? can it be myself?
if i can prove it is wrong do i win the case?

The speed limit being 70 kph, it sounds like it ...

Respectfully disagree........ This mistake does not set out proper offence and the certificate should be quashed rather than amended.

Personally, I would let this ticket go FTR (fail to respond) and file an appeal to get this matter quashed.

Agreed. Any JP looking at this should quash it right away, so no need for an appeal. If the JP does ...

Go to the local court office (the criminal court office, not the POA court), and go to the Registrar's/Clerk's office ... they will be able to tell you whether you can appeal or not. It's not as though any JP made a decision on the case, a decision that you could appeal from. Your son made an out-of-court payment, which usually means that from the ...

It's not as hard as you'd think. If you've got a bird's eye view, you've got an unobstructed sightline as opposed to being blocked by vehicles/buildings/vegetation, being at an odd angle, etc., while on the ground. 1000' is less than a quarter of a mile. That's pretty close. Even at well over 3000' above ground, you can tell if someone is ...

Bluegirl, no doubt Im too late with this, but here goes:

As Radar pointed out, you will be arraigned first, you will plead "not guilty", then the trial will begin. Prosecutor is first up with their witnesses. You could ask for an exclusion order, so that the prosecutions witnesses are kept outside of the courtroom until it is their turn to testify ...

USA stuff = N/A, completely different court system, laws, procedures etc.
Completely different?! You are aware that our courts, including our Supreme Court, will often look to judgements from American courts in guiding them in areas where Canadian common law is murky? R. v. Askov is a prime example. That was and remains a most crucial judgement ...

It is all common/routine procedure for trials. We leave the 2nd officer in the hallway.

YES, the officer on the ground could say he observed the vehicle following too close - the vehicle could still be following too close when the ground unit spotted the vehicle
YES - the officer on the ground does say the "air unit told him the vehicle was ...

One would think it would be easier to beat. The officer in the plane has to be at the trial to give evidence. The officer on the ground cannot say "I observed you following too close" because he in fact didnt observe that. He cant say "the aircraft told me that they observed you following too close" at trial, because thats hearsay evidence (you ...

Did the prosecutor say "your uncle doesn't need to show up" without prompting, or after you asked? If they did it out of the blue, that sounds mighty suspicious, though as you said, there were errors on the ticket, and if he didn't show, it should go to a s.9.1 review on which it should be quashed. Plus you have the voicemail just in case any ...

Or this:

<u>Keeping a Proper Lookout</u>

The last three paragraphs are quite topical:

<i>In Dalby v Reece, Justice Oliver of the British Columbia Supreme Court heard of a 2 a.m. motor vehicle accident. At issue was a fatal multiple vehicle accident on a busy international highway. As Dalby approached, his gaze was diverted to one of the ...

I dont believe the author of that post was a lawyer or paralegal advertising his services, but whatever.

Perhaps this summary will meet with wide approval?

Duhaime.org

This sums up the caselaw around Careless Driving quite nicely:

http://dynamiclawyers.com/DL_blog/careless-driving/28/

FyreStorm, do you have any research showing the percentage of Careless Driving charges in any given year in Ontario that result in convictions? If so, please post it here, 'cos Id love to see it. From only anecdotal evidence, I ...

Careless is an even harder offence to prove for the prosecution, as it involves mens rea on top of the actus reus needed to convict for a FTC.

Said another way, if you cant successfully prosecute for FTC, youll never win a Careless Driving prosecution.

I dont know the whole story from Bluegirl … the deer was hit by the southbound vehicle and ...

Just read the Toronto v. Baillie decision. It's unfortunate, as I think the JP's erred here. The test for FTC is not stopping distances in case of a stopped vehicle in front of you. It's the distances needed to stop when "following" another car (i.e. the other car is also moving). As JP Quon says in his judgment, you would need to be behind any car ...

Yes, an accident doesn't prove Following Too Close (FTC) by itself. The relevant caselaw is in that Haddad decision, specifically:

Regina v. Borg, [2005] O.J. No. 1823 (Ont. C.J.);
Regina v. Ouseley, [1973] 1 O.R. 729 (Ont. C.A.);
Both of those are higher court decisions, so the JP is bound by them (they will many times disagree with previous ...

Justice Libman is one of the "heavies" of the Ontario Court of Justice, for sure. The guy literally wrote the book on how to adjudicate Provincial Offences trials in Ontario. Much of the caselaw leading up to London v. Young et al, started with his R. v. Khoshael decision in 2001.

Well played Off_Camber, well played!

Did you go to any website to tell you in what form a s.135 appeal should be? If so, could you please send it on (or others if they know)?

I think you mean Justice Rick N. Libman . I always like to check the list of judges/JP's, so I know which one I get. There's plenty at Old City Hall, not as many in my neck ...