OHTA.ca

Hey all - On December 31st I was entering a highway lost control and ended up skidding into the on-ramp. There were no witnesses, no one else was involved and the only damage was to my vehicle. The officer that arrived charged me with careless driving.

I requested disclosure on January 16th and have followed up multiple times but have still not received it. I am told they have requested it on three separate occasions but there is nothing else they can do.

I opted to go to the early resolution meeting, but because neither of us had the disclosure documents he said we had to book a trial date. The trial is set for June 18th and it doesn't seem like I'll be getting the disclosure anytime soon so I have a few questions for anyone that knows or has been in similar situation.

First, I've read that I could effectively win the case on a technicality if by the date of the trial I have not received disclosure, is this true?

Also, I was planning on hiring a paralegal to go to trial for me, I do not want to pay hundreds of dollars now if there is a good chance I can win on a technicality without one, so does anyone have advice on what I should do here?

Thanks!

newtothis123 wrote: ↑Mon May 27, 2019 4:51 pm

First, I've read that I could effectively win the case on a technicality if by the date of the trial I have not received disclosure, is this true?

No, because more than likely, you'll receive your disclosure package the day of your trial. They'll probably give you a new date and you'll have to go through the hassle of showing up again. You can always proceed. They might even ask you to. However, they'd almost certainly give you a new date if that's what you want.

It's only been a couple months and it's your first trial date. Your case is still relatively fresh. Unless they decide to drop the whole thing, you'll probably be showing up again.