As an update, I received a notice of trial in the mail again. They claimed that they misplaced the Certificate of Offence and now they've found it.
However after attending, the Crown Prosecutor didn't have the photographs, so the charges were withdrawn.
Moral of the story: Don't back down and be persistant.
Search found 7 matches
- Wed May 14, 2014 9:50 pm
- Forum: Red Light Camera Ticket
- Topic: Courts have lost jursdiction
- Replies: 6
- Views: 2419
- Mon Mar 03, 2014 11:01 pm
- Forum: Red Light Camera Ticket
- Topic: Courts have lost jursdiction
- Replies: 6
- Views: 2419
Re: Courts have lost jursdiction
I was told I was free to go.
It seems like the Crown has abandoned my case.
Why didn't they do this earlier?
And for the record, the prosecutor did not withdraw the charge (I asked the JP)
and in fact the courts have lost jursdiction in the matter.
This means, don't have personal jursidiction to come after me. (I looked it up).
I'm just shocked they decided to first, not call their own witness.
Second, I am shocked that they decided to not proceed.
Shouldn't it be my responsiblity to file the documents for this fatal error?
Why would they do me a favor???
It seems like the Crown has abandoned my case.
Why didn't they do this earlier?
And for the record, the prosecutor did not withdraw the charge (I asked the JP)
and in fact the courts have lost jursdiction in the matter.
This means, don't have personal jursidiction to come after me. (I looked it up).
I'm just shocked they decided to first, not call their own witness.
Second, I am shocked that they decided to not proceed.
Shouldn't it be my responsiblity to file the documents for this fatal error?
Why would they do me a favor???
- Mon Mar 03, 2014 10:57 pm
- Forum: Failing to obey signs
- Topic: Motion to quash the Certificate of Offence
- Replies: 5
- Views: 3482
Re: Motion to quash the Certificate of Offence
Motion to quash information or certificate
36. (1) An objection to an information or certificate for a defect apparent on its face shall be taken by motion to quash the information or certificate before the defendant has pleaded, and thereafter only by leave of the court.
what about this legislation?
36. (1) An objection to an information or certificate for a defect apparent on its face shall be taken by motion to quash the information or certificate before the defendant has pleaded, and thereafter only by leave of the court.
what about this legislation?
- Mon Mar 03, 2014 11:48 am
- Forum: Red Light Camera Ticket
- Topic: Courts have lost jursdiction
- Replies: 6
- Views: 2419
Re: Courts have lost jursdiction
There was no meeting with the prosecutor.
1st hearing, disclosure was given. 11b) motion was denied.
2nd hearing. I asked to cross-examine the officer, however the Crown chose to not call it's own witness, as a summons is required.
3rd hearing. Courts have lost jursdiction due to an error on the certificate of offence.
What type of paperwork did the Crown file?
Is the form available online on the Ontario Court of Justice website?
1st hearing, disclosure was given. 11b) motion was denied.
2nd hearing. I asked to cross-examine the officer, however the Crown chose to not call it's own witness, as a summons is required.
3rd hearing. Courts have lost jursdiction due to an error on the certificate of offence.
What type of paperwork did the Crown file?
Is the form available online on the Ontario Court of Justice website?
- Mon Mar 03, 2014 11:45 am
- Forum: Failing to obey signs
- Topic: Motion to quash the Certificate of Offence
- Replies: 5
- Views: 3482
Re: Motion to quash the Certificate of Offence
I looked that up already on Ticketcombat.com.
What forms do I need?
Who do I serve the motion too?
Do you serve it the same way as you serve an 11b)?
What forms do I need?
Who do I serve the motion too?
Do you serve it the same way as you serve an 11b)?
- Sun Mar 02, 2014 9:15 pm
- Forum: Failing to obey signs
- Topic: Motion to quash the Certificate of Offence
- Replies: 5
- Views: 3482
Motion to quash the Certificate of Offence
The officer wrote the wrong section number on my offence notice and certificate of offence.
How do I file a motion to quash the Certificate of Offence?
How do I file a motion to quash the Certificate of Offence?
- Sat Mar 01, 2014 10:22 am
- Forum: Red Light Camera Ticket
- Topic: Courts have lost jursdiction
- Replies: 6
- Views: 2419
Courts have lost jursdiction
In my case, the Crown stated that there was a defect on the Certificate of Offense and essentially the Courts have lost jursdiction.
What exactly does that mean?
Also, the Crown submitted a white form. Im not sure what that is.
Can someone explain what that form is?
What exactly does that mean?
Also, the Crown submitted a white form. Im not sure what that is.
Can someone explain what that form is?