Viewing profile - Simon Borys
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- Simon Borys’s recent activity
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Re: Commercial truck requirements
Not all of the requirements you've cited apply right at the 4500 kg cut off though. For example, you don't need a name on the side of the vehicle unl… - 2 Replies
- 7512 Views
- Last post Sat Jul 13, 2013 9:26 am View the latest post
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Re: Mis-Identified vehicle for talking on cell phone charge
One of the elements of the offence for using cell phone (as for any other moving or non-moving violation) is that the defending was driving a "motor … - 6 Replies
- 1536 Views
- Last post Sat Jun 22, 2013 8:09 am View the latest post
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Re: Missed Early Prosecution meeting
daggx wrote:As a matter of law you cannot be convicted simply for missing an early resolution meeting. Sure you can. Provincial Offences Act s. 9. … - 9 Replies
- 11943 Views
- Last post Sat Jun 22, 2013 7:59 am View the latest post
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Latest case on 78.1(1) - driving with hand held device
R v Grech-Vennare, 2013 ONCJ 278 http://canlii.ca/en/on/oncj/doc/2013/20 ... cj278.html - 5 Replies
- 5443 Views
- Last post Mon May 27, 2013 9:17 pm View the latest post
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Re: 144(9) from "Keep Left" sign?
In 2008 the Court of Appeal said that the presumption was of strict liability for HTA offences (Brampton v Kanda), however that is only the starting p… - 14 Replies
- 3878 Views
- Last post Wed May 15, 2013 9:45 pm View the latest post
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Re: 144(9) from "Keep Left" sign?
Ambiguous signage might form part of a due diligence defence if the offence is one of strict liability. - 14 Replies
- 3878 Views
- Last post Tue May 14, 2013 10:16 pm View the latest post
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Re: Is there a way to find out who complained about your par
Halsy wrote:Is there a way to find out who? Through disclosure maybe? Don't we have the right to challenge our accuser? We don't have a strict right … - 4 Replies
- 3832 Views
- Last post Tue May 14, 2013 7:55 pm View the latest post
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Constitutional challenge to s. 68.1(1) - speed limiters
There is an ongoing challenge to s. 68.1(1) of the Highway Traffic Act, which mandates speed limiting devices for commercial motor vehicles. It will … - 0 Replies
- 2675 Views
- Last post Thu May 09, 2013 10:33 pm View the latest post
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Re: DUI in Ontario, moved to Out of province
That would make much more sense. I know x-copper is a reputable organization that's been around for a while. I would be surprised if they were actin… - 5 Replies
- 7778 Views
- Last post Thu May 09, 2013 10:26 pm View the latest post
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Re: No disclosure for cell phone ticket GTA
What would be the purpose of failing to accept the disclosure? You requested it...presumably you want/need it... Wouldn't that just mean you get it … - 4 Replies
- 2180 Views
- Last post Thu May 09, 2013 8:54 pm View the latest post
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Re: DUI in Ontario, moved to Out of province
I feel obligated to point out that paralegals aren't allowed to represent someone on an impaired or over 80 charge. You can read here on the Law Soci… - 5 Replies
- 7778 Views
- Last post Thu May 09, 2013 8:27 pm View the latest post
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Re: Middle car in sandwich rear-end. Careless??
Not just CAN withdraw a charge, but MUST if there is no reasonable prospect of conviction - per the Crown Policy Manual. To pursue a conviction where… - 10 Replies
- 3458 Views
- Last post Thu May 09, 2013 8:21 pm View the latest post
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Re: need help for convicted offence before going to trial
You should be clear about whether your case is being "reopened" or "appealed". Reopenings are governed by s. 11 of the POA. They are available only … - 9 Replies
- 2308 Views
- Last post Tue May 07, 2013 2:30 pm View the latest post
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Re: Speeding, Occured 2011-12-10-Trial is 2013-06-03. 18 Mon
If you are considering filling an 11(b) motion you need to divide up all the time periods (between each appearance or event) and think about whether t… - 2 Replies
- 1532 Views
- Last post Mon May 06, 2013 10:35 pm View the latest post
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Re: [HELP] First Ticket- 130km/h on Highway 401- Confusion!!
ImJayson wrote:Option 2 is Plea of Guilty- Submissions to Penalty. From what I understand, it means that the payable fine can be decreased from $220. … - 11 Replies
- 8193 Views
- Last post Mon May 06, 2013 10:29 pm View the latest post
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Re: DUI with G1
Yes, absolutely! I certainly didn't mean to suggest he should actually just show up in court and say nothing and hope that the crown can't prove it. … - 13 Replies
- 7201 Views
- Last post Sat May 04, 2013 8:54 am View the latest post
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Re: DUI with G1
HPTO wrote:You've already admitted to consuming alcohol in this post so what are you going to say in court. Remember you're not supposed to lie. He d… - 13 Replies
- 7201 Views
- Last post Fri May 03, 2013 8:17 pm View the latest post
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Re: Question for Simon Borys regarding officer not showing..
Stanton wrote:Well Im not Simon, but I think I can answer your question. For most police services, HTA matters are always scheduled on the officers r… - 3 Replies
- 1657 Views
- Last post Fri May 03, 2013 8:03 pm View the latest post
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Re: Motion to change court date from prosecutor
Prejudice is an important part of an 11(b) motion. Prejudice can be inferred from the mere passage of time, but if you don't make your desire for the… - 1 Replies
- 1529 Views
- Last post Fri May 03, 2013 7:49 pm View the latest post
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Re: Failure to remain for scraping a pole?
Yes, you're right. Now I remember reading this case earlier this year. Thanks! - 8 Replies
- 9240 Views
- Last post Sat Mar 16, 2013 11:57 pm View the latest post
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