Interesting part for cases to come. Here is part of a decision out of a Sudbury. ************ At the onset of trial, the defendant's agent requested the proceedings be stayed as per the recent decision of R. v. Raham 2009 ONCJ 403 (ONT.C.J), where section 3.7 of Ontario Regulation 455/07 was deemed unconstitutional. The proscutions position was that the above noted decision, made by the Ontario Court of Justice, was not binding on this court and in suppoort of his position, referenced the decision of Cuddy Chicks Ltd v Ontario in which the Supreme Court indicated that only a Superior Court Judge could make a declatory order. ************* Trial proceeded.
Interesting part for cases to come. Here is part of a decision out of a Sudbury.
************
At the onset of trial, the defendant's agent requested the proceedings be stayed as per the recent decision of R. v. Raham 2009 ONCJ 403 (ONT.C.J), where section 3.7 of Ontario Regulation 455/07 was deemed unconstitutional. The proscutions position was that the above noted decision, made by the Ontario Court of Justice, was not binding on this court and in suppoort of his position, referenced the decision of Cuddy Chicks Ltd v Ontario in which the Supreme Court indicated that only a Superior Court Judge could make a declatory order.
*************
Trial proceeded.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Lower court not bound by an appeal court? I thought they were... guess either I learned something new or we've got a lot of Justices/JPs living in a yellow submarine. :shock: I think, if anything, the whole s. 172/appeals/unconstitutional/etc has revealed that our judicial system is a Gong Show. Wow.
Lower court not bound by an appeal court?
I thought they were... guess either I learned something new or we've got a lot of Justices/JPs living in a yellow submarine.
I think, if anything, the whole s. 172/appeals/unconstitutional/etc has revealed that our judicial system is a Gong Show. Wow.
Ok last week i was driving my girlfriends van and low and behold we come up to a RIDE program! I was hesitant because i have no license, and the only reason i was driving was because my girlfriend was watching her child in the back!! I was issued three differents tickets, one was driving with no…
I was charged with careless driving last night. I am hoping anyone here can give me advice . Right now I am upset, angry, stiff and sore and don't know if I should just go right into my long drawn out account of what happened or just give a basic outline and answer questions anyone may have. I…
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found this resource online, wanted to ask a few questions
I have my trial today, march 3rd in TOronto East
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