Search found 51 matches

by pinch
Mon Nov 02, 2009 7:26 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 10315

Re: Do all traffic signs require a by-law?

From TC's website:

The cost of the transcript depends on how long your trial was. The longer it took, the greater the amount to be transcribed. You will be asked to pay a nominal $25 deposit to start the process. When the reporter examines the recording, she will provide an estimate that you will have to pay. It will cost a minimum of $60 to ...
by pinch
Mon Nov 02, 2009 5:39 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 10315

Re: Do all traffic signs require a by-law?

I just learned how much it cost to file an appeal. Forget it, no way.
by pinch
Sun Nov 01, 2009 7:21 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 10315

Re: Do all traffic signs require a by-law?

If I file an appeal, can I drop it before it goes to court if I change my mind? I'm not sure I should be fighting this, as I have more pressing things in my life to deal with right now. But I'm getting hooked on this. I'd like to keep my options open on fighting this.
by pinch
Sun Nov 01, 2009 4:35 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 10315

Re: Do all traffic signs require a by-law?

OK, I've spent some time with the HTA and POA and I can't find any mention of the crown being required to provide a by-law for moving violations. I think that whoever though up this strategy might have it confused with with the requirement for a by-law in respect to parking violations:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws ...
by pinch
Sun Nov 01, 2009 8:52 am
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 10315

Re: Do all traffic signs require a by-law?

I'm not sure I am capable of handling an appeal myself. I didn't conduct myself too well in court due to my inexperience. And I have read several members here post that an defendant should hire a professional to appeal a decision. That simply isn't an option for me right now.

I will give some thought about appealing, but I feel that I would first ...
by pinch
Fri Oct 30, 2009 7:19 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 10315

Re: Do all traffic signs require a by-law?

I tried this defence and lost. I argued that contrary to HTA 137(a) the town had not passed a by-law authorizing the erection of the stop sign that I had been charged with failing to stop for. The Justice asked me how I knew this and I explained how my town had a website were you could review by-laws passed by council. Then she asked me for proof ...
by pinch
Sat Oct 10, 2009 4:46 pm
Forum: Failing to obey signs
Topic: Do all traffic signs require a by-law?
Replies: 16
Views: 10315

Re: Do all traffic signs require a by-law?

I'm resurrecting the dead because I had the same question and just found the answer from one of ticketcombat's posts. The crown cannot not serve disclosure at the last minute:

Second,in R. v. Egger, [1993] (2 S.C.R. 451), the Supreme Court stated "disclosure must be made early enough to leave the accused enough time to take any steps that may ...
by pinch
Fri Oct 09, 2009 8:05 pm
Forum: General Talk
Topic: 2 smart cars share condo underground parking spot, ticketed
Replies: 13
Views: 8315

Re: 2 smart cars share condo underground parking spot, ticketed

You did not and cannot post an Act that allows a city to issue tickets on private property.

Section 100 and 100.1 of the Municpal Act come close but in my view don't apply.

First, is a parking area within a condo considered "land"?

A condo is also not a parking lot within the meaning of s. 100, it is a condo that also provides parking spaces ...
by pinch
Fri Oct 09, 2009 9:55 am
Forum: General Talk
Topic: 2 smart cars share condo underground parking spot, ticketed
Replies: 13
Views: 8315

Re: 2 smart cars share condo underground parking spot, ticketed

If you believe that the city can't issue tickets on private property (when given permission by the property owner), why not park your car in a condo parking lot and try it out yourself. Fight the ticket in court and let us know how it turns out.
by pinch
Wed Oct 07, 2009 9:14 pm
Forum: General Talk
Topic: 2 smart cars share condo underground parking spot, ticketed
Replies: 13
Views: 8315

Re: 2 smart cars share condo underground parking spot, ticketed

You should also consider organizing either:

1) A coup to elect yourself and your friends to the board so you can fix the bylaws.

2) Organize a bylaw change to specificially allow 2 your situation.

Good points. Even is the OP succeeds in a lawsuit, the board of directors can move to amend the bylaws to prohibit the parking of 2 vehicles in one ...
by pinch
Wed Oct 07, 2009 9:07 pm
Forum: General Talk
Topic: 2 smart cars share condo underground parking spot, ticketed
Replies: 13
Views: 8315

Re: 2 smart cars share condo underground parking spot, ticketed


If the building is not owned by the city then the Toronto Parking Authority has no jurisdiction to issue parking tickets on private property.

Wrong. The corporation can grant the parking authority permission to issue tickets on it's property. In fact, management firms usually use security firms that are licensed by the parking authority to ...
by pinch
Tue Oct 06, 2009 7:17 pm
Forum: General Talk
Topic: 2 smart cars share condo underground parking spot, ticketed
Replies: 13
Views: 8315

Re: 2 smart cars share condo underground parking spot, ticketed

Fight the ticket, sure. But there is no need to go to court against your building yet. Simply bypass the property manager and take you issue up with the building's board of directors. Let them know that there is no no clause in the corporation's bylaws that state one space = one car. Let them know that you are willing to see it play out in court ...
by pinch
Mon Oct 05, 2009 10:37 am
Forum: Courts and Procedure
Topic: Improper disclosure – What would you do?
Replies: 6
Views: 3618

Re: Improper disclosure – What would you do?

Well I'm confused then. I've read a number of posts here that say the crown must provide a municipal bylaw that authorized the placement of the stop sign. Otherwise, how can the sign be legal? I'm searching CanLii, but I haven't found anything yet. I'll let everyone know how it turns out in court.
by pinch
Fri Oct 02, 2009 5:25 pm
Forum: Courts and Procedure
Topic: Improper disclosure – What would you do?
Replies: 6
Views: 3618

Re: Improper disclosure – What would you do?

OK, if this did end up going to trial, can the crown introduce evidence at trial that was not included in disclosure? Like introducing the by-law at the last minute?
by pinch
Mon Sep 28, 2009 7:37 pm
Forum: Courts and Procedure
Topic: Improper disclosure – What would you do?
Replies: 6
Views: 3618

Improper disclosure – What would you do?

I got pinched for a stop sign offence back in the spring. I requested disclosure using the template provided on Ticket Combat's site. The package I received from the prosecutor did not include a copy of the municipal by-law for that stop sign. Since my court date is one month away, I thought I should get my request to stay the proceeding ready, but ...
by pinch
Sat Jul 11, 2009 12:36 pm
Forum: Failing to obey signs
Topic: Disobey Official Sign 151(1)
Replies: 5
Views: 3637

Re: Disobey Official Sign 151(1)

Does French services act apply to York Region?

OK, I just checked. You can't use the French defense in York.
http://www.ontariohighwaytrafficact.com/topic569.html
by pinch
Sat Jun 27, 2009 7:48 pm
Forum: Improper left turn
Topic: Improper left turn / failure to yield
Replies: 4
Views: 7360

Re: Improper left turn / failure to yield

Radar Identified wrote: By the way, did your husband use a hand signal to indicate he was turning left since his turn signals were not working?
LOL, nice reach. I wish I had thought of that one!
by pinch
Sat Jun 27, 2009 7:44 pm
Forum: Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Topic: Stop Sign ticket question
Replies: 6
Views: 2845

Re: Stop Sign ticket question

symcor wrote: he is there because complain by the resident.
Such is case always.

Your girlfriend is not a witness because she was in the car with you. Your passenger never counts as a witness (usually, I think).
by pinch
Sat Jun 27, 2009 7:35 pm
Forum: Failing to obey signs
Topic: Disobey Official Sign 151(1)
Replies: 5
Views: 3637

Re: Disobey Official Sign 151(1)

I don't think the officer has to supply you with any notes. Disclosure can simply be a copy of the ticket from what I've read. Maybe someone else can tell me wrong.
by pinch
Sat Jun 27, 2009 7:11 pm
Forum: General Talk
Topic: York Regions Prosecutors Office fax#
Replies: 5
Views: 4484

Re: York Regions Prosecutors Office fax#

Provincial Offenses Office 465 Davis Drive, Newmarket = 905 895-3768 (fax)
by pinch
Fri Jun 12, 2009 9:51 am
Forum: General Talk
Topic: Cop suspended with Pay, HTA 172
Replies: 67
Views: 31006

Re: Cop suspended with Pay, HTA 172



I'm going to say yes. They could sue for malicious prosecution. I think the Sergeant himself would probably be on the hook for some of it.

I'm not sure about the officer ever paying a dime. Ontario labour law would come into effect. I think it says something like... an employee cannot be charged (monetary, not criminal) for a mistake they made ...
by pinch
Sun May 31, 2009 6:36 pm
Forum: General Talk
Topic: Cop suspended with Pay, HTA 172
Replies: 67
Views: 31006

Re: Cop suspended with Pay, HTA 172

Are police officers with a criminal record allowed to keep their job in Ontario?
by pinch
Sun May 24, 2009 12:53 pm
Forum: Careless Driving
Topic: bumping the back of a cop's wife's car = careless driving
Replies: 10
Views: 3530

Re: bumping the back of a cop's wife's car = careless driving

Why did police lay charges in the first place? Just because this woman tells them a story, they believe her word, end of story?

When my mother was hit, the police at the collision center would not pursue the matter because they said that it was her word of events against his (the other driver that fled the scene)
by pinch
Sun May 24, 2009 9:14 am
Forum: Careless Driving
Topic: bumping the back of a cop's wife's car = careless driving
Replies: 10
Views: 3530

Re: bumping the back of a cop's wife's car = careless driving

Interesting story. I wonder how she got the police to call you, let along charge you. I lent my car to my mother a few years ago. Some guy rear ended her in a parking lot and took off. The back was smashed up pretty bad. She called it in, then took it to a collision reporting office. We never got any action on the mater. I had to pay almost $1k to ...
by pinch
Sun May 24, 2009 9:03 am
Forum: Failing to obey signs
Topic: HTA 144 (9) - Time issue
Replies: 41
Views: 13604

Re: HTA 144 (9) - Time issue

You might want to send the disclosure request by registered mail. I did this recently and it took a lot off my mind. Now I don't have to worry about if they got it or not. No surprises for me later on.
by pinch
Thu May 21, 2009 8:54 am
Forum: General Talk
Topic: Electronic Device Legislation
Replies: 32
Views: 41672

Re: Electronic Device Legislation

I have a computer mount in my van but I always remove the laptop before I start the car and place it behind my seat. I don't want to take the risk of having an accident and then be charged with distracted driving just because an officer noticed the laptop and decided to make an assumption that I was at fault since I was probably messing about with ...
by pinch
Sun May 17, 2009 6:34 pm
Forum: General Talk
Topic: Failure to surrender insurance
Replies: 24
Views: 8067

Re: Failure to surrender insurance



Must surrender a valid insurance card upon demand. And that is when asked to surrender, not after the officer goes back to cruiser and returns to the car.


The officer that wrote me up came back from his cruiser with tickets in hand, then asked me if I had found my insurance before he handed me the tickets. So he actually was providing me a ...
by pinch
Tue Apr 28, 2009 7:49 pm
Forum: Police Cruisers and Vehicles
Topic: Early Morning Photo OPP B&W
Replies: 26
Views: 10689

Re: Early Morning Photo OPP B&W

FiReSTaRT wrote: 5) Heard something about darkening plate covers but I haven't seen anyone use one of those.
Electrochromatic. They used to be widely available for purchase about 10 years ago. Most of the companies selling them have since mysteriously gone out of business.
by pinch
Sun Apr 19, 2009 4:14 pm
Forum: General Talk
Topic: Suspicious car on the street
Replies: 6
Views: 2899

Re: Suspicious car on the street

They could be leeching off an open AP. There's no need to keep the engine running to run a computer, but people are dumb.
by pinch
Thu Apr 16, 2009 5:06 pm
Forum: Failing to obey signs
Topic: Stop Sign-First appearance- Error on ticket. Chance to win?
Replies: 15
Views: 6924

Re: Stop Sign-First appearance- Error on ticket. Chance to win?

You said that the prosecutor helped you speak to a lawyer. Did she introduce you to this lawyer?