“Failed To File Disclosure Request, How To Proceed At Trial?”

Hi OHTA,

I have a trial date tomorrow morning in Brampton for an "Improper Muffler" HTA 75 (1) ticket. I did not realize that the court date was indeed a trial date and not a first appearance. I am going to challenge this ticket with a plea of not guilty and would like disclosure. How should I proceed?

Should I request an adjournment and explain my reasoning?

Am I likely to receive an adjournment?

Should I prepare to challenge the ticket tomorrow in case an adjournment request is rejected?

Is there something else I should be doing and/or consider doing to continue to fight this ticket with disclosure?

Thanks,

The "Notice of Trial" that was sent to you is just that. You'd better be prepared to proceed tomorrow. You can always request an adjournment but the JP may not grant it. If it is granted to you, any delay in the trial will be credited against you for any delay arguments. Disclosure for most HTA offences usually consists of the officers notes and that's pretty much it, they may be able to give you a copy on the spot if you ask the prosecutor early.

What's been posted is a exactly what you should expect.

It can be adjourned and you can receive disclosure, or you will be told you've had opportunity and your trial date is not the time or place to be requesting disclosure at the last second.

Either that or they give you disclosure right then and there. It won't be enough time for you study and make a defense, but then again you didn't give the prosecutor enough time to prepare you with disclosure.