OHTA.ca

Today i had my Appeal in Court of Justice and my appeal was rejected in a very strange maner. All the pleadings were in my favour and the judge agreed with almost all i had. The prosecution barely had anything to say. I submited my cost recovery request and the judge accepted it saying he need more time to write the decision. Two weeks later-the big surprise for everyone. First the prosecution started negotiating the cost amount i requested and the judge quckly stopped him . Then in just a minute the judge said the appeal is rejected and the case is over. All in one sentence. The decision was handed to me and the prosecution. It was quite a shock for me and a big surprise for the prosecution. I am going to the Appeal court now. If Anybody has some experience, please?

A funny example is the reason for judjement " although there is no speed limit sign maybe a speed limit sign is posted somewhere before that , so it is a fact the speed limit is posted"also "..the two signs have to be no more than 900m apart" -what to do when there is no signs at all??? No police or prosecution submited evidence of the existence of any sign in the area. I did submit photos showing there is no sign posted , but i didn't know that imaginery sign in the judge fantasy is an evidence.

It's difficult to weigh in on your options/chances of appeal without seeing the full judgement. The sections you've quoted don't really give much sense out of context, nor do they clarify if the Court feels that particular evidence is relevant to the outcome.

Stanton wrote:It's difficult to weigh in on your options/chances of appeal without seeing the full judgement. The sections you've quoted don't really give much sense out of context, nor do they clarify if the Court feels that particular evidence is relevant to the outcome.

It is too long to list the full judgement here. The main point is the officer testified that a speed limit sign is posted and confirmed it 3 times. I did proof with photos and a document from the city that the sign has never been posted there. Also the officer refused to tell me where he measured my speed. He just said down the road.

So he handed me the ticket but i don't know the location . This is critical because in that stretch of the road we have 3 different speed limits posted, so i don't know in which one i was clocked. I got all the information just after i received the disclosure 5 months later. So i took photos but now they are not considered as evidence being taken too late. This is another reason for appeal-breach of the Charter rights to be informed about the offense without unreasonable delay.

The officer cut my way to build a defense with not disclosing the location.