Just an update... I appeared at the appeal court. The Judge inquired as to why I did not attend the earlier hearing & was more focused on why I did not attend the set date, including asking for a adjournment for the hearing. It was surmised that I made a decision not to attend the earlier hearing. The crown prosecutor while admitting that the total payable was incorrect by $5, referenced the London (City) vs Young case and stressed that the case dealt with "set fine" and not "total payable" and hence did not apply. I mentioned the fact the the total amount is material a...

Hi all, I have recd disclosure, in person whne I went in to submit 3rd request for disclosure. I was told that disclosure was mailed yesterday. The court date is set for 5th Oct 2011. Is this sufficient to argue a defence ? The disclosure also has a statement for a person, who does not want to be a witness, which puts my position in a negative light. Can I ask the person to be present ? or have the evidence thrown out ????? While at court I read on the notice board that in addition to the set fine and victim surcharge, there is a court fee of $5. I was planning on using the "fatal error&q...

Hi,
I have recd notice of trial for Oct 2011. Given that I am going to take the "fatal error" ticket route, do you think I should ask for disclosure. Or should I let things be and wait for the conviction in Oct, prior to mounting the "fatal error" defence.

The Notice of Trial also states the "set fine, costs and victim fine surcharge as indicated on you Notice of Offence - Total Payable $320"

Thanks in advance

Thanks for the comments.... Seems like the "incorrect fine" is the best option I have. I have filed the "notice to appear" option 3 .. looks like I should sit tight ; may be ask for disclosure .... and do nothing... Where can I find the fine amount to be $260 + $60 Victim Surcharge + 5 Court Cost = $325 Total Payable ....? Is this the amount for the province of Ontario or does it differ according to the place of the offence.... What is the current status of the London v Young case rouling ...I have read at some places that the London v Young case is no longer valid .. am a ...

Thanks Simon Borys....
Is the ticket invalid as it is for $320 and not $325 ????

"I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine set at $260 and total payable $ 320."

Thanks

Hi,

Labmichael ... Thanks for the response....

The intersection does not have a traffic camera.

There were no cops at the intersection. The cops came in after the fact, on account of the collusion. The intersection is within 200 meters of another intersection and my speed was not more than 25kmph. I was almost at a stop when the cars collided.

Does the incorrect fine amount make any difference, like I have read in other cases on this board.....

I am planning on filing a notice to appear... Is the cops presence necessary for a ruling....

Any other suggestions welcome.
Thanks

Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy. I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine set at $260 and total payable $ 320. Should I fight the ticket on : a) grounds that the roads were wet and slippery with the duration for amber to red being short. b) the car air bags did not deploy o...