I'm submitting my 11b motion this week and have a couple of questions about how to organise it. Where do I draw the line between a factum and an affidavit? I've been writing the affidavit as a rundown of steps I've taken since the charge has been laid and how each has been responded to by the Crown and the court system. Do I then make my arguments as to the length and reasonableness of the delay, the fact that I have not waived my right to a prompt trial, and demonstrate the increased prejudice to my defence case imposed by an unreasonable delay? Or is this all stuff for the factum? If so, how much do I put in the affidavit? Or is it enough to just make a single statement that the content in my factum is indeed accurate and truthful? This is my gut feeling (facts and argument in factum, statement that it is true in affidavit) and the way I'll lean, but it would take a load off to know for sure :) Finally, if I cite case law and want to include a copy of the decision in my submissions, do I need to fax all 50-60 pages along to the Attorneys general of Canada and Ontario as well?
I'm submitting my 11b motion this week and have a couple of questions about how to organise it. Where do I draw the line between a factum and an affidavit? I've been writing the affidavit as a rundown of steps I've taken since the charge has been laid and how each has been responded to by the Crown and the court system. Do I then make my arguments as to the length and reasonableness of the delay, the fact that I have not waived my right to a prompt trial, and demonstrate the increased prejudice to my defence case imposed by an unreasonable delay? Or is this all stuff for the factum? If so, how much do I put in the affidavit? Or is it enough to just make a single statement that the content in my factum is indeed accurate and truthful? This is my gut feeling (facts and argument in factum, statement that it is true in affidavit) and the way I'll lean, but it would take a load off to know for sure
Finally, if I cite case law and want to include a copy of the decision in my submissions, do I need to fax all 50-60 pages along to the Attorneys general of Canada and Ontario as well?
Ok, so it looks like the play by play of how my case has unfolded thus far is for the affidavit, and the legal argument alone is in the factum, and referenced by the affidavit. So I suppose it makes sense to reference/present the affidavit first then? As for faxing these off, do I need to include full copies of the the jurisprudence I am using in support of my argument? Or is this solely needed for reference within the court itself, and thus only needs to be included in the copies going to the Prosecution and the Court?
Ok, so it looks like the play by play of how my case has unfolded thus far is for the affidavit, and the legal argument alone is in the factum, and referenced by the affidavit. So I suppose it makes sense to reference/present the affidavit first then?
As for faxing these off, do I need to include full copies of the the jurisprudence I am using in support of my argument? Or is this solely needed for reference within the court itself, and thus only needs to be included in the copies going to the Prosecution and the Court?
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date…
Anyone know any more information? Apparently kathleen wynne mentioned trying to introduce legislation after more than 20 years of no speed cameras. My guess is that it wont happen, since they've tried before many times to bring it back after it was abolished.
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I posted this in the 3 Demerit Section and haven't received any
responses.
I received a failure to stop at an amber light ticket on April 17, 2009. At my First Attendance Meeting I asked to read the police officer's notes and remember thinking how ridiculous they were and the difficulty…
I was on the right side of the road going straight when a pedestrian waved down the taxi driver in the lane next to me. He pulled over to the right without any notice or signalling and hit me with the side of his car.
There were many witnesses but I immediately had a concussion and did not think of…
My mother was driving EB on a 4 lane street (2 lanes EB, 2 lanes WB).
She was in the left hand lane and started a left hand turn so as to enter a side street, crossing WB traffic. There was NO intersection. She hit a cyclist who was heading WB. Police where called but none showed up. My…
If the speed limit is 50, and you do 100+, not only do you get 6 points. Your car gets impounded for a week, and your license suspended for 7 days, along with a hefty fine of at least $2000. The penalty is actually the same as for racing. The law came in effect on October 1, 2007. Remember -…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural…
