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.
i lost my license in an accident i had to due my exceeding amount of demerit points. i went to jail and made bail i was put on a curfew of 9am to 9pm stupidly enough i did not follow and i got pulled over for driving with a different cars license plates, no insurance, and violating my curfew... i…
I was charged for disobey sign (no left turn) in a winter noon time around Bay/Edward (the prosecutor/judge said it to be a Absolute liability offences but disobey sign is actually a strict liability offence, right? And I found this: For example, if you made an illegal left-turn where there were…
so got fined with 69km in a 50km, at bottom of hill...didn't even have foot on the gas. first ticket ever in over 10 years of driving. fine was 62$ and 3 points.
cop says take to court and get demerit points reduced. didn't even let me speak and walks away.
On my way to work today I got a 110 dollar ticket + 2 demerit points.
I was driving north on Bathurst and turned left onto a side street into a residential area before hitting the lights at Eglinton and Bathurst. I normally do this to avoid the big line up to turn left onto Eglinton.
On the 400 extension EB towards Barrie cops like to hide out under an over pass that is Ski Trails Rd. They tag people as the come over the crest of the hill and that is 900m from where this officer was standing.
I'm confused because I knew this, saw the cop, and checked my…
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of…
Today i got caught doing 115 in a 90 at Mayfield and 410 and what I have been reading is that this offence is 3 points. Seeing this is my first offence I'm unsure if the ticket is supposed to I lost 3 points or is that just automatic. Also should I go to fight it to drop the points and just pay the…
I was (recently) involved in a traffic accident where, due to icy road conditions, I slid into oncoming traffic while making a right turn, while they were coming towards me and stopping at a stop sign. This was a residential area and there's no way I was exceeding anything over 20KM/h on…
