Recovery / refund of legal costs and time lost

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lokorev
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Recovery / refund of legal costs and time lost

Unread post by lokorev »

Recovery of legal costs incured from of appeal of unsafe lane change ticket. i was acquitted on appeal by Ontario provincial court due to errors in fact.

I have been charged and convicted in Ottawa city court for unsafe lane change. I could not believe the errors that the JP made during the trial with the officer testimony contradicting distance and time line on three separate occasions and the Summary of decision by the JP totally reversing the sequence of events the officer testified to. In short I appealed the decision to provincial court on the grounds of errors in fact. In total I had a factum prepared with four errors in fact and two failures of explanation one dealing with swearing in. I was never in court before and asked to have the swearing options explained, especially the option to affirm. After a small commotion between the JP/clerk no explanation was given and the clerk just started reading the affirm option.

The prosecutor from the city of Ottawa present in appeal's court agreed and recommended acquittal before I even got to speak so obviously there were huge issues with the conduct of the whole trial. I'm getting a refund for the ticket but I had to order and present a transcript of the first trial proceedings and also consulted with a paralegal for total charges of just over $300. I also had to take two days off from work to attend both first trial and the appeal. How do I go about recovering these costs from what basically was a bogus ticket. It should have been "not guilty" in the first trial if the JP had done her job. I would love to sue for stress and basically what was a bullying attempt by the O.P.P. officer but this is Canada so it is probably out of the question...

Do I have to sue the city for these costs in small claims court?

When I asked about recovery of legal costs the Provincial judge seemed annoyed and said to ask the court clerk. I thought that the procedure was to pursue recovery of costs right at the trial. The clerk did not give me any info and said that they don't deal with this and to pursue it with the city so I'm getting a runaround.

On a separate qustion, it is legal to disclose details of the proceedings obtained via a transcript such as time date, officer's name, name of the prosecutor, and the JP. I was asked on another forum to scan in the sections of the transcript that show errors in fact but since this information is there I'm not sure if it can be disclosed. Granted I paid for it and it is my case but it does not feel right.

Thanks in advance.


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Reflections
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Re: Recovery / refund of legal costs and time lost

Unread post by Reflections »

I think you may have to refer this to a professional, unless someone here knows better.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Simon Borys
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Re: Recovery / refund of legal costs and time lost

Unread post by Simon Borys »

Recovery of costs is by way of a Costs Application to the court. Generally this would be submitted along with any other materials for your appeal and would be heard then, or adjourned to a later date to be heard separately if time didn't permit the appeal and the application to be heard at once.

In your case it sounds like the appeal is over. I'm not sure if it's possible to now, after the fact, bring an application for costs since the court seems to have lost jurisdiction over you - the process being completed.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


edfun
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Re: Recovery / refund of legal costs and time lost

Unread post by edfun »

You asked very good questions, it would be nice to get an answer to them :

it is legal to disclose details of the proceedings obtained via a transcript such as time date, officer's name, name of the prosecutor?
I want posted on the Internet
recovery of legal costs. a transcript of the first trial proceedings and also consulted with a paralegal and
time off work to attend both first trial and the appeal, can refund be applied for these costs?

I phoned the courthouse to request a form for the refund of costs, they do not have a form for refund of costs.
Is there a form number for it?






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