Well, since so many of these never get updated with the end results, I figured I'd take a minute to update mine. Final court appearance was yesterday. Still hadn't received the Certificate of Suspension, but that turned out to be irrelevant. Prior to the case, all were afforded the opportunity to speak with the Prosecutor. It was only myself and another man there at the time; both there for the same reason. He went in first, and through the open door, I was able to hear a sob story much better than mine. Prosecutor would not budge. I...didn't bother. Though my para-legal did when he arrived (n...

Despite the answer being far too late...the answer to this would have been, 'Yes, you have a defense'. Read the HTA carefully. Your license was suspended under Section 46. Regulations regarding the notification of said suspension are found in Section 52: Service of notice of licence suspension 52. (1) Where a persons drivers licence is suspended, notice of the suspension is sufficiently given if delivered personally or, (a) in the case of a suspension under section 41 or 42, sent by registered mail addressed to the person to whom the licence was issued at the latest current address of the pers...

Thought I would add a bit to my previous post. So, turns out, that the court date I thought I was headed for when I originally posted this was actually my 2nd appearance, at which a trial date was set. My trial was today. I got a little nervous about the court appearance...and ended up getting a paralegal. Not so much about what my options were; more about missing an opportunity due to my lack of experience in the courtroom. I won't be going back to him...but more on that later. Got to court, and the paralegal checked the prosecutor's paperwork; sure enough, there was a certificate. Which wasn...

Agreed; there should be consequences for unpaid fines. However, the consequences for not paying a traffic violation are inordinately severe, especially considering the potential repurcusions. Indeed, to suggest someone who doesn't pay a fine on time should face the same repurcusions as someone who's license was suspended because he/she's a bad driver is absurd. While the suspension itself doesn't affect insurance ( administrative suspension ), if you're caught, you face some pretty absurd repurcusions--whether you knew it or not. And those repurcusions WILL result in a hefty increase of your i...

Thoughts? Should I have bought a lottery ticket? No. Requests for documents from the MTO can sometimes take a while. You're right that they can't enter the document as evidence if it hasn't been disclosed to your first, but if your trial date comes up and the don't have it yet or they have it but you haven't seen it yet, the prosecutor will likely as for an adjournment in order to properly make disclosure. The court takes driving suspended as a serious offence and will likely grant the adjournment in order that disclosure can be made, rather than proceeding without the document, since it is k...

I had my first court appearance in early April; trial date set for next week (May 18th). I'm currently charged with: HTA 53(1) - Driving while Suspended HTA 7(1)(a) - Invalid Plates The suspension was for unpaid fines. Last Friday (May 7), I received a phone call indicating my Disclosure was ready for pickup. Today (May 14), I went to the prosecutor's office and picked it up. In it is the following, related to both charges: 1. Cover letter, indicating my name, and the charges against me 2. Copies of the hand-written Summons to Defendant issued by the charging officer on the date of the offence...

Thanks...so I take it to mean, anything in grey isn't yet law?

(when I say grey, I'm referring to the greyed-out portions of the online version of the HTA here

So, looking through the HTA, there's a lot of grey parts there. Are these applicable? Some date back to 1994. Example:

On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 1994, chapter 27, subsection 138 (1) by adding the following definition:

I read that to say this isn't in effect yet...is that correct?

EDIT: Assuming the above is correct, and they eventually get proclaimed, are they then retroactive to any past occurrences that may be before the court?