Thanks Radar! Great thread. Quick question tho, I am a little confused on the 2 possible procedures. On Ticketcombat it refers to only having to file a form 4F with affidavit of service. Is this also sufficient to file 11b? And if so, does form 4F also have to be witnessed and signed by a commission...

Thank you for the replys everyone.

This is interesting to me now for another reason. If the vehicle is under a corporation, and you are obviously NOT a corporation, technically then they cannot hold the individual liable, they must charge the corporation with the offence.

any thoughts?

pretty basic CAIA. no insurance goes to the owner. Owner permit Operation of a motor vehicle with no insurance I have done this numerous times. OPS Really? So does "no insurance" always goto the owner of the vehicle? What happens to them, fine I'm assuming? In this case Owner does not dri...

Quick question on the books;

Lets say I was issued 2 tickets of which both are being challenged on 11b. Should I include a copy of both tickets in the book as well? Or does every separate charge require a whole new book?

Ok so heres the deal on this one: A family member calls me today concerned and crying :cry:. Well apperently her husband was driving his truck which had an expired sticker. Pretty simple right? NO! Officer further discovers that he was also driving the vehicle without insurance. I know, pretty bad r...

Charges do not automatically get dropped just because the officer is not in attendance. In some busy jurisdictions JP's frequenly do dismiss minor HTA tickets if the Crown can't proceed, but it varies from one case to the next. The other option is you can seek an 11b motion if it's taken too long f...

Was going to answer... but Simon beat me to it. Indeed, section 9.1 of the Provincial Offences Act deals with these matters. There's also the London v. Young case that is worthwhile to read over for Part I "fatal errors." LOL Thanks to both of you. You all been a great help, this was a gr...

Not sure how easy it would be to re-open. I'm guessing it would be difficult. Do you actually have a defence to the drive suspend charge? You may not like the fine, but your plea is for a much less serious charge. Drive suspend would carry a higher fine, possible further suspension and even jail ti...

I'd agree with Stanton and Simon Borys. "Fatal error" does not apply to a Summons. This is because there is no "out of court" resolution when you are summoned to appear in court. Part I offences (regular tickets) DO have a mechanism for "out of court" resolutions. In f...

The fatal errors you've listed above are for regular tickets. To the best of my knowledge they are NOT the same for summons. A summons isn't a charging document, it just compels you to attend Court. An information will be generated for the Courts which is the actual charging document for the offenc...

In my experience, fatal errors would be things like no date, wrong or missing act or section number, no defendant listed, no signature of officer, etc.. Well thats what I'm trying to figure out. If "no signature" is a fatal error does that constitute the ticket being quashed? Here's what ...

The paralegals will hate this, but the latest case law, which was reviewed in Ontario Court, to be published soon... If a police officer issues a speeding ticket, put the proper fine but omits the actual speeds on the ticket, you can and will be convicted as the speed noted itself is not required t...

Alright guys so here's the deal. Im just so pissed and myself because I think I made a "Fatal Error" myself :oops: So I was charged for "Driving Under Suspension" I attended the summons and a trial date was set. I attend the trial and lo and behold the officer didnt show up. How...

Simon Borys wrote:Unless an error prejudices your ability to make full answer and defence to the charge, it is not likely to be considered fatal.

So I guess all these "Fatal Error" rules are irrelevent then? just wondering because if your statement is true, those rules mean nothing.

Hey Guys, Interesting enough, this being my first post and all I have a similar situation. I received 2 "Summons To Defendant" and both have the following errors, please post opinions Im wondering if these are fatal errors: -Misspelled Name (on both) -Incorrect postal code (each summons ha...