iFly55 wrote:In York region the cost was free, I sent in my request on Apr 2013 and received the plan & profile information on Sep 2013. Unfortunately for me, the details also came too late and well after my trial.

Can you appeal to the Superior Court of Justice or the Supreme Court?

It depends if the decision is from provincial offenses court then go to the Court of Justice in the same area.Forget the Supreme court-it is a long way to get there. I can see the trial was in 2013-then it is over. Better luck next time hopefully never again.

It's all public information, you can request for it through city hall. What department should I ask? Is it free? Do they get you a copy immediately? Do you need to fill out a Freedom of Information Request Form? Thank you iFly55! Even if you call 311, they'll re-direct you to the appropriate department. It's free, they'll most likely send it to you via e-mail. You don't need an FOIR form. Not free in Durham region. First they asked 70$/h ????? After few days reduced to 50$/h and when i picked up the letter i had to pay 70$ . How they are going to measure how many hours takes to write the lett...

Its been awhile since the court saga is over and i feel i should post the outcome. The trial ended with conviction as expected. On the appeal everything was in my favor up to a point at the very end when the judge saw i have cost request. So the judge was kind of confused and decided to write the decision at a later date. So on that decision day first the prosecution had the turn to add things to the case. The prosecutor started with negotiating the amount of the cost but the judge very angry said he doesn't want to hear that. The prosecutor went silent and my turn came.i had nothing to say so...

It's all public information, you can request for it through city hall. What department should I ask? Is it free? Do they get you a copy immediately? Do you need to fill out a Freedom of Information Request Form? Thank you iFly55! I went to the Works or traffic department. They are not happy at all to provide the information. I needed a simple letter 2 pages with the signs and distances. First they asked me to pay 70$/h to write the letter.Later reduced to 50$/h and finally on pick up they asked me to pay flat 70$ for the letter. What a crooks are the city workers. Oh and there is no request f...

42. (1) The duties of a police officer include, (a) preserving the peace; (b) preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention; "Speed traps " are illegal or at least police misconduct. The duty of the officer is to prevent the offenses . Someone above said he receives a lot of complaints from residents about speeders. And then the officer is hiding and performing "speed checks". The officer does not intend to prevent an offense -the officer is there only to register the offense and generate a revenue. The ...

It's difficult to weigh in on your options/chances of appeal without seeing the full judgement. The sections you've quoted don't really give much sense out of context, nor do they clarify if the Court feels that particular evidence is relevant to the outcome. It is too long to list the full judgement here. The main point is the officer testified that a speed limit sign is posted and confirmed it 3 times. I did proof with photos and a document from the city that the sign has never been posted there. Also the officer refused to tell me where he measured my speed. He just said down the road. So ...

Today i had my Appeal in Court of Justice and my appeal was rejected in a very strange maner. All the pleadings were in my favour and the judge agreed with almost all i had. The prosecution barely had anything to say. I submited my cost recovery request and the judge accepted it saying he need more time to write the decision. Two weeks later-the big surprise for everyone. First the prosecution started negotiating the cost amount i requested and the judge quckly stopped him . Then in just a minute the judge said the appeal is rejected and the case is over. All in one sentence. The decision was ...

By the way it turns out that even the 900m requirements is not met. From sign to the next sign is 1200m , so one sign is missing in between.
The traffic workers measured the distance. So at the end they installed the missing sign All i am saying here is documented in the works department.
But so what, i got convicted anyway with sign or no sign.
Now preparing the appeal again.

OPS Copper wrote:once the notes are entered and sent from the cruiser there is no way to modify them by the officer. All we can do is read and print them.

OPS

It makes sense . I am just curious are the notes typed in the same time with the ticket , because the ticket and the notes have the same time stamp?
The officer said only he is in control of the notes, nobody else

Stanton wrote:What section of the evidence act are you referring to?

Evidence act
Sec. 34.1(4)

They didn't use it as evidence so no use of it.

Simon Borys wrote:The Canada and Ontario Evidence Acts are irrelevant here, since the crown will not likely be trying to enter the officer's notes as proof of anything. The notes are to refresh his memory. His oral testimony is what the court will consider.

Thanks! That is exactly what happened.

On my trial the officer said he never read the manual and he doesn't know what is in it except the testing page
The Judge accepted it as normal.

The missing disclosure I requested are: 1. The officer's training record and certification related to use of radar units. Won't get. Officer will testify if they are qualified or not. That is all that is required 2. Calibration record of laser unit. Won't get. Tests of calibration are done before stop and after stop. 3. Copies of written instructions/procedures held by any divsion of the Ontario Provincial Police. Won't get. As All our training is In accordance with manufactures manual [/color] OPS Copper( Now this is only for the crowns here and what I have seen)[/b] The officer testified th...

On my trial the officer said he never read the operating manual and he doesn't know about the clear line of view when choosing the road side location. He is shooting behind a big tree and the light beem has to go thru the branches. He said that he tested the device before the shift but never record that and it is not documented anywhere. Also he said he doesn't know if the Lidar need to be calibrated and never been calibrated by him or autorized technician. The officer testified the light beam from the Lidar is a dot size at any distance -not as specified by the manufacturer width 1m at 1000m ...

You are absolutely right the OHTA is the only legal document. I was pointing to the manual because of the visualization provided there . It is easier to understand the OHTA and this is the book according to which the signs are posted. That is the guideline for the traffic department where to install the signs. You have to agree to that when there is a major intersection with 5-10000 cars going into each direction you can not ignore that volume of traffic not knowing the speed limit and not posting a sign on each direction. Otherwise the speed goes automatically to the default speed. But you pr...