Search found 673 matches

by Decatur
Tue Apr 10, 2018 9:49 pm
Forum: General Talk
Topic: Introducing evidence to court, researching the law
replies: 18
views: 1375

Disclosure is the responsibility of the prosecutor. The police wont give you the manual.

That book is not used in training officers on the use of radar in Ontario. Most officers have probably never even heard of it. Depending on its publication date, it may even be very outdated.
by Decatur
Sun Apr 08, 2018 7:28 am
Forum: General Talk
Topic: Introducing evidence to court, researching the law
replies: 18
views: 1375

Re: Introducing evidence to court

As per this case: https://www.canlii.org/en/on/onsc/doc/2 ... sc436.html

There is no longer a requirement to provide any portion of the manual.
by Decatur
Thu Dec 14, 2017 8:11 pm
Forum: General Talk
Topic: Case Law- Disclosure of only testing pages of radar manual
replies: 13
views: 914

Re: Case Law- Disclosure of only testing pages of radar manu

This thread is over a year old. Please do not post to outdated threads.
by Decatur
Thu Dec 14, 2017 8:09 pm
Forum: General Talk
Topic: Emergency Court Of Appeal help excessive speed
replies: 4
views: 344

Re: Emergency Court Of Appeal help excessive speed

You’re not likely to get a lot of assistance with case law from Alberta. We are much more familiar with Ontario case law here.
For example, in Ontario the manual does not have to be produced nor an operator certificate.
by Decatur
Thu Dec 07, 2017 9:51 pm
Forum: General Talk
Topic: Is this running an amber light?
replies: 8
views: 3549

Re: Is this running an amber light?

This post is over six years old. Do not post to threads more than 30 days old unless you’re the OP. Please read the forum rules prior to posting again.
by Decatur
Tue Dec 05, 2017 10:08 pm
Forum: General Talk
Topic: Summons for HTA 82 (9)
replies: 8
views: 533

Re: Summons for HTA 82 (9)

Walk into Service Ontario with the plate portion and advise them that the vehicle has been sold. If you have use for the plates and are not turning them in, they will list them as unattached.
by Decatur
Mon Dec 04, 2017 2:49 pm
Forum: General Talk
Topic: Summons for HTA 82 (9)
replies: 8
views: 533

Re: Summons for HTA 82 (9)

The owner of the motor vehicle is also responsible for notifying the Ministry on ceasing to be the owner.
by Decatur
Wed Nov 22, 2017 8:19 pm
Forum: General Talk
Topic: Ontario HTA on Front License Plate
replies: 6
views: 734

Re: Ontario HTA on Front License Plate

The only way around it is if you’re willing to accept a $110 ticket for it every time you’re pulled over. After about the second or third time, be prepared for a Summons.
by Decatur
Mon Nov 20, 2017 9:21 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Possible Logic Win?
replies: 10
views: 494

Re: Possible Logic Win?

You’re actually lucky that you received any portion of the manual. Recent case law doesn’t require disclosure of any parts of speed measuring device manuals.
by Decatur
Fri Nov 17, 2017 7:33 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Possible Logic Win?
replies: 10
views: 494

Re: Possible Logic Win?

I’d certainly put someone’s knowledge, skills and abilities above a piece of paper any day of the week. A certificate is only worth the paper it’s printed on.
by Decatur
Mon Nov 13, 2017 12:42 pm
Forum: General Talk
Topic: Impact of new Supreme Court ruling regarding trial limits?
replies: 13
views: 1656

Re: Impact of new Supreme Court ruling regarding trial limit

You’re not likely to get an answer from jsherk. That’s a banned account.
by Decatur
Wed Nov 01, 2017 9:35 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Inadequate Speed Limit Signage / Barrie
replies: 7
views: 379

Re: Inadequate Speed Limit Signage / Barrie

You're misreading it. There is no need to post signs in a built up area unless the maximum speed is something other than the statutory maximum of 50 km/h. Likewise there is no need to post 80 km/h in the more rural areas. You might also want to check the Bylaw for Barrie. All of their speed variatio...
by Decatur
Tue Oct 31, 2017 10:54 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Inadequate Speed Limit Signage / Barrie
replies: 7
views: 379

Re: Inadequate Speed Limit Signage / Barrie

If the 50 km/h maximum was “within a local municipality or within a built-up area“ as per section 128(1)(a) there is no requirement to post any signs. There is only a requirement under section 2(1) of that regulation to post signs “where a maximum rate of speed ot...
by Decatur
Mon Oct 30, 2017 9:10 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Failure to stop. 136(1)(b)
replies: 20
views: 1174

Re: Failure to stop. 136(1)(b)

A dismissal won’t even be on the table. They may provide you with disclosure in two days and reschedule the trial.
by Decatur
Mon Oct 30, 2017 10:52 am
Forum: Red Light Camera Ticket
Topic: Right turn on red light camera - complete stop
replies: 26
views: 2679

Re: Right turn on red light camera - complete stop

About disclosure. It’s your disclosure. Once you request it, it’s your responsibility to get it and to check to see if it’s ready. There’s no requirement for them to bend over backwards to make sure you get it.

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