Search found 15 matches

by LAWguy
Mon Mar 28, 2011 12:01 am
Forum: Courts and Procedure
Topic: How to file an 11B
Replies: 96
Views: 95771

Re: How to file an 11B

Thanks Radar! Great thread.

Quick question tho, I am a little confused on the 2 possible procedures. On Ticketcombat it refers to only having to file a form 4F with affidavit of service. Is this also sufficient to file 11b? And if so, does form 4F also have to be witnessed and signed by a commissioner of oaths? Ticketcombat is not clear on weather form 4F has to be signed by commissioner of oaths. :?
by LAWguy
Fri Mar 25, 2011 10:47 am
Forum: Courts and Procedure
Topic: Summons Issued to Owner of vehicle, NOT Driver....wtf???
Replies: 7
Views: 4371

Re: Summons Issued to Owner of vehicle, NOT Driver....wtf???

Thank you for the replys everyone.

This is interesting to me now for another reason. If the vehicle is under a corporation, and you are obviously NOT a corporation, technically then they cannot hold the individual liable, they must charge the corporation with the offence.

any thoughts?
by LAWguy
Fri Mar 25, 2011 3:12 am
Forum: Courts and Procedure
Topic: Summons Issued to Owner of vehicle, NOT Driver....wtf???
Replies: 7
Views: 4371

Re: Summons Issued to Owner of vehicle, NOT Driver....wtf???

OPS Copper wrote:pretty basic CAIA. no insurance goes to the owner. Owner permit Operation of a motor vehicle with no insurance

I have done this numerous times.

OPS
Really? So does "no insurance" always goto the owner of the vehicle? What happens to them, fine I'm assuming? In this case Owner does not drive , no license. It is kinda weird tho. I mean, how can they issue a summons to defendant, without personally handing it to the defendant? theres got to be something there?
by LAWguy
Fri Mar 25, 2011 2:11 am
Forum: Courts and Procedure
Topic: How to file an 11B
Replies: 96
Views: 95771

Re: How to file an 11B

Quick question on the books; :arrow:

Lets say I was issued 2 tickets of which both are being challenged on 11b. Should I include a copy of both tickets in the book as well? Or does every separate charge require a whole new book?
by LAWguy
Fri Mar 25, 2011 1:38 am
Forum: Courts and Procedure
Topic: Summons Issued to Owner of vehicle, NOT Driver....wtf???
Replies: 7
Views: 4371

Summons Issued to Owner of vehicle, NOT Driver....wtf???

Ok so heres the deal on this one: A family member calls me today concerned and crying :cry:. Well apperently her husband was driving his truck which had an expired sticker. Pretty simple right? NO! Officer further discovers that he was also driving the vehicle without insurance. I know, pretty bad right. Heres the funny twist to this. Seeing how the vehicle is under his wifes name, the officer issues a Summons to Defendant for his WIFE! Who dosnt even drive and has no drivers license! I understand no insurance is a no no, but why charge the owner of the vehicle, not the driver? Has anyone hear...
by LAWguy
Tue Mar 01, 2011 12:37 am
Forum: Courts and Procedure
Topic: Re-Opening after guilty plea?
Replies: 4
Views: 2019

Re: Re-Opening after guilty plea?

Charges do not automatically get dropped just because the officer is not in attendance. In some busy jurisdictions JP's frequenly do dismiss minor HTA tickets if the Crown can't proceed, but it varies from one case to the next. The other option is you can seek an 11b motion if it's taken too long for your matter to get to trial, but that again depends on circumstances and varies from case to case. And as for taking the deal versus risking a trial, I'm not really in a position to give advice. Hey thanks, but it was more of a curiosity and for sake of discussion, I think we all know we cannot t...
by LAWguy
Tue Mar 01, 2011 12:29 am
Forum: Courts and Procedure
Topic: Fatal Error on Summons?
Replies: 17
Views: 10811

Re: Fatal Error on Summons?

Radar Identified wrote:Was going to answer... but Simon beat me to it. Indeed, section 9.1 of the Provincial Offences Act deals with these matters. There's also the London v. Young case that is worthwhile to read over for Part I "fatal errors."

LOL Thanks to both of you. You all been a great help, this was a great thread, it can age happily. :D
by LAWguy
Wed Feb 23, 2011 11:45 pm
Forum: Courts and Procedure
Topic: Re-Opening after guilty plea?
Replies: 4
Views: 2019

Re: Re-Opening after guilty plea?

Not sure how easy it would be to re-open. I'm guessing it would be difficult. Do you actually have a defence to the drive suspend charge? You may not like the fine, but your plea is for a much less serious charge. Drive suspend would carry a higher fine, possible further suspension and even jail time if you have prior convictions. Probably also have much more serious insurance rate implications. Hey Stanton Yes, very true, hence my hesitation. I will probably just accept it and move on. I was more upset with the fact I made a deal. Is there not a provision in the Act or something that states ...
by LAWguy
Wed Feb 23, 2011 11:39 pm
Forum: Courts and Procedure
Topic: Fatal Error on Summons?
Replies: 17
Views: 10811

Re: Fatal Error on Summons?

I'd agree with Stanton and Simon Borys. "Fatal error" does not apply to a Summons. This is because there is no "out of court" resolution when you are summoned to appear in court. Part I offences (regular tickets) DO have a mechanism for "out of court" resolutions. In fact, the Provincial Offences Act specifically says that, if the defendant fails to respond or does not appear for trial, the presiding Justice of the Peace must examine the ticket to see if it is "complete and regular." If it is not, the JP has to quash it... BUT this ONLY applies to Part ...
by LAWguy
Wed Feb 23, 2011 11:57 am
Forum: Courts and Procedure
Topic: Fatal Error on Summons?
Replies: 17
Views: 10811

Re: Fatal Error on Summons?

Stanton wrote: The fatal errors you've listed above are for regular tickets. To the best of my knowledge they are NOT the same for summons. A summons isn't a charging document, it just compels you to attend Court. An information will be generated for the Courts which is the actual charging document for the offences listed on the summons.
Stanton- This is what I'm trying to fiqure out. What do you mean by "An information will be generated for the courts"??
by LAWguy
Wed Feb 23, 2011 11:08 am
Forum: Courts and Procedure
Topic: Fatal Error on Summons?
Replies: 17
Views: 10811

Re: Fatal Error on Summons?

In my experience, fatal errors would be things like no date, wrong or missing act or section number, no defendant listed, no signature of officer, etc.. Well thats what I'm trying to figure out. If "no signature" is a fatal error does that constitute the ticket being quashed? Here's what Ticket Combat has to say on it: Fatal Errors A fatal error is an error on your ticket that is sufficient to get your case thrown out. It is quite common for people to receive a ticket with errors on it. Unfortunately not all errors are fatal. If the right person is standing in court and the police o...
by LAWguy
Tue Feb 22, 2011 11:00 pm
Forum: Courts and Procedure
Topic: New Case Law - Game Changer - Speeding
Replies: 7
Views: 5149

Re: New Case Law - Game Changer - Speeding

The paralegals will hate this, but the latest case law, which was reviewed in Ontario Court, to be published soon... If a police officer issues a speeding ticket, put the proper fine but omits the actual speeds on the ticket, you can and will be convicted as the speed noted itself is not required to convict you of speeding. The infraction of speeding you are guilty of a 1 km/h over the limit, the quantum merely goes to penalty. How does this benefit the motorist? No speeding amount on the ticket means the Ministry will not assign demerit points, you'd be crazy to fight it in court as the tick...
by LAWguy
Tue Feb 22, 2011 10:18 pm
Forum: Courts and Procedure
Topic: Re-Opening after guilty plea?
Replies: 4
Views: 2019

Re-Opening after guilty plea?

Alright guys so here's the deal. Im just so pissed and myself because I think I made a "Fatal Error" myself :oops: So I was charged for "Driving Under Suspension" I attended the summons and a trial date was set. I attend the trial and lo and behold the officer didnt show up. However this didnt stop the prosecuter from trying to strike a deal. He offers me: "I will drop the "no validation on plate" charge and reduce your driving under suspension to "drive improper license", otherwise I will ask the JP for an adjournment. The officer called the court...
by LAWguy
Tue Feb 22, 2011 10:07 pm
Forum: Courts and Procedure
Topic: Fatal Error on Summons?
Replies: 17
Views: 10811

Re: Fatal Error on Summons?

Simon Borys wrote:Unless an error prejudices your ability to make full answer and defence to the charge, it is not likely to be considered fatal.
So I guess all these "Fatal Error" rules are irrelevent then? just wondering because if your statement is true, those rules mean nothing.
by LAWguy
Tue Feb 22, 2011 9:28 pm
Forum: Courts and Procedure
Topic: Fatal Error on Summons?
Replies: 17
Views: 10811

Re: Fatal Error on Summons?

Hey Guys,

Interesting enough, this being my first post and all I have a similar situation. I received 2 "Summons To Defendant" and both have the following errors, please post opinions Im wondering if these are fatal errors:

-Misspelled Name (on both)
-Incorrect postal code (each summons has a different postal)
-Both Summonses have no signatures

Im guessing the signatures or lack-there-of constitute Fatal Errors?

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