Set Fines
London (City) v. Young, 2008 ONCA 429
http://www.ontariocourts.on.ca/decision ... CA0429.htm
Whether served a ticket under Part I or Part III of the Provincial Offences Act, if a set fine exists it must be posted on your ticket or summons.
The amount must be correct and if the sum is incorrect it is a fatal error and your ticket cannot be enforced provided you do not respond to the ticket within fifteen days of being served with the offence notice.
When the ticket reaches a trial which you fail to attend, the Justice must quash the proceeding.
However, if served by summons under Part III, you must attend court; but your ticket will still not be enforced and the proceeding must be quashed.
When the case above is combined with the court decision below, it raises another question.
The case below states that set fines are only available to those who settle out of court. Should you challenge the ticket the set fine is no longer available to you.
However, the case above articulates that the set fine amount must be included on a summons and, when issued a summons under Part III, in stead of a ticket under Part I, you must attend court.
Since you must attend court, common sense dictates that the set fine must still apply even if you challenge the ticket under Part I or Part III.
R. v. ONeill, 2008 ONCJ 391
http://www.canlii.org/en/on/oncj/doc/20 ... cj391.html