-
- Newbie
- Posts: 8
- Joined: Mon Nov 23, 2009 1:28 pm
- Location: Toronto
What Do You Do When A Jp Doesn't Know The Law?
Long story short: Got a parking ticket, decided to fight it. Requested disclosure, only got "Parking Tag Details" which tells me nothing. I had specifically requested, amongst other things, the Certificate of Parking Infraction, and evidence of ownership of the vehicle. I requested disclosure two additional times. When I didn't hear back, I filed a stay due to my chapter 7 rights being violated.
Fast forward to court: JP says that my disclosure request was fulfilled correctly the first time. Says that I would never be given evidence of ownership of the vehicle, because I already have it in my glove box! He also clearly didn't understand what a Certificate of Parking Infraction was, as he kept confusing it with the actual parking ticket. He refused to listen to my explanation of the Provincial Offences Act Section 17.1(7) which outlines the evidence required at trial.
I ended up getting the case withdrawn because of some other technicality, but I'm wondering what the proper thing to do in such a circumstance would be. Accept the JP's decision, and then appeal it?
- Radar Identified
- High Authority
- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
- Location: Toronto
Re: What Do You Do When A Jp Doesn't Know The Law?
MartinBrice wrote: Accept the JP's decision, and then appeal it?
Yep, appeal it.
http://www.OntarioTicket.com OR http://www.OHTA.ca
-
- Newbie
- Posts: 8
- Joined: Mon Nov 23, 2009 1:28 pm
- Location: Toronto
Re: What Do You Do When A Jp Doesn't Know The Law?
So this happened to me again today. I attempted to have the charge stayed due to lack of disclosure, but the JP insisted that my disclosure was adequate (even though my specific requests were not fulfilled). He then strongly encouraged me not to proceed to a trial, but I insisted since I was planning on making a motion of non suit since they wouldn't be able to present any evidence since it wasn't disclosed.
The prosecutor said that the Certificate of Parking Infraction and certified proof of ownership of the vehicle had been submitted to evidence. I asked why they weren't disclosed to me, and the JP said they never would be. I stated that section 18.1.1 of the POA states they must be presented as evidence to convict, and any evidence must be disclosed, but he wouldn't have any of it. I was then convicted of a minor parking offense.
Needless to say, I am very frustrated. As much as I would like to appeal this conviction on principle alone, the cost of doing so is almost as much as the fine for the charge, without taking my time into account.
I find it absolutely ridiculous that a JP who oversees hundreds of parking offences has no idea what a Certificate of Parking Infraction is - not to mention the fact that this particular JP felt it was okay to allow evidence at trial that hadn't been disclosed after specifically requested.
Thoughts?
-
- Similar Topics
-
-
New post Doesn't DISCLOSURE have to be provided WITHOUT asking for it
by ticket123 in General TalkLast post by sydavid Wed Jan 04, 2012 10:34 pm
-
-
-
New post Justice of the Peace doesn't show
by Flyview in Courts and ProcedureLast post by Flyview Thu Oct 21, 2010 2:09 pm
-
-
-
New post ticket doesn't have specific location of offence
Last post by bend Thu May 02, 2013 1:16 am
-
-
-
New post My conviction doesn't match my original charge???
by Vin in Courts and ProcedureLast post by The Stig Mon Aug 09, 2010 3:39 pm
-
-
-
New post My conviction doesn't match my original charge???
Last post by Vin Mon Jan 11, 2010 10:51 pm
-
-
-
New post If a stop sign doesn't meet the regulations, is it valid?
Last post by JohnnyKickass Wed Apr 28, 2010 8:28 am
-
-
-
New post 27km/h over limit: Officer said he doesn't have a ticket but handed me one
Last post by Jasongoodburn Sun Jan 13, 2019 12:06 pm
-
-
-
New post Ticket doesn't offer Early Resolution - speeding - Choose option 2 or 3?
Last post by argyll Thu Feb 22, 2018 12:49 pm
-
-
-
New post Court Doesn't agree to disclose the LIDAR electronic output or any calibration report
by Oldenough in General TalkLast post by Oldenough Fri Nov 01, 2024 12:19 am
-
Who is online
Users browsing this forum: No registered users and 1 guest