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by Avon1
Wed Aug 03, 2011 9:10 am
Forum: General Talk
Topic: Need some advice on Court proceedings -very confused
Replies: 10
Views: 1979

Re: Need some advice on Court proceedings -very confused

Thanks again Simon

A couple other questions for anyone out there? What are my risks in losing at the appeal stage? Am I correct in my assumption, that since the prosecutor is the one appealing, I will not be responsible for court costs regardless of whether I win or lose?

Does anyone know how much court costs at the appeals stage?
by Avon1
Tue Aug 02, 2011 10:36 am
Forum: General Talk
Topic: Need some advice on Court proceedings -very confused
Replies: 10
Views: 1979

Re: Need some advice on Court proceedings -very confused

Simon/Stanton, Thank you for the excellent information. So i guess I just sit back for now and see what happens. Just to be clear though, I will receive something in the mail for this? Based on the potential cost of a traffic lawyer, am I not better to take a chance at the appeal on my own? I am uncertain what a traffic lawyer charges. Still unsure whether it is prudent to ask about the reason of their appeal? If I contact the prosecutor, are they obligated to let me know? Should I look into ordering transcripts of my case?? If anyone knows of any case law in my favour that would be a huge hel...
by Avon1
Tue Aug 02, 2011 8:39 am
Forum: General Talk
Topic: Need some advice on Court proceedings -very confused
Replies: 10
Views: 1979

Re: Need some advice on Court proceedings -very confused

Thanks for your responses Radar Identified - I really appreciate it. I tried looking up some case law on the CanLi website, but haven't found anything that addresses an unsigned Offence notice vs and unsigned Certificate of Offence. I believe the prosecutor tried to argue that "the Certificate"(their copy) was signed and that was all that mattered. Not sure that section 128 differentiates between the two. I still haven't received a new court date. As far as I know the appeal is being made as I received a notice in the mail of the charge, and through a telephone conversation the clerk...
by Avon1
Thu Jul 28, 2011 3:03 pm
Forum: General Talk
Topic: Need some advice on Court proceedings -very confused
Replies: 10
Views: 1979

Re: Need some advice on Court proceedings -very confused

Hmmm I see what you mean. Thanks for your input. I'm wondering if the prosecutor is trying to argue that if their "copy" - ie the certificate - is signed - that trumps my "offence notice" not being signed? Im not exactly sure what case law has determined in regards to this? Anyone else have any ideas?
How does appeals court work? Is there a judicial review of the case in order to determine whether a trial is warranted?

Thanks
by Avon1
Thu Jul 28, 2011 11:53 am
Forum: General Talk
Topic: Need some advice on Court proceedings -very confused
Replies: 10
Views: 1979

Need some advice on Court proceedings -very confused

I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the prosecuter objected stating that they had a signed copy, and that it should be sufficient. The JOP disagreed and said it was apparent that the officer signed his copy, after the fact. Therefore I won the case. ...

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