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Speeding - What Should The Set Fine And Total Payable Be?
Posted: Thu Mar 10, 2011 6:40 pm
by Keroba
Hi,
A friend got a ticket Jan. 9th of this year for doing 110 kph in a 90 kph zone, so 20 over.
What should the set fine and total payable read?
It's confusing to me, as the prescribed fine under HTA s.128 is different than the set fine enumerated by the Chief Justice of the Ontario Court of Justice.
Why would these be different? Has the Chief Justice just not updated their list?
Thanks in advance for your help.
Re: Speeding - What Should The Set Fine And Total Payable Be
Posted: Thu Mar 10, 2011 7:52 pm
by Simon Borys
One list is for ticket (i.e. out of court settlements), the other is for JP's to apply in court, after a trial. The table in the HTA is for JP's to use.
Re: Speeding - What Should The Set Fine And Total Payable Be
Posted: Fri Mar 11, 2011 11:54 am
by Keroba
Ok, so the ticket is right if it shows $75 as the set fine, with a total payable of $95?
20 x $3.75 = $75 set fine + $15 VFS + $5 service cost = $95 total payable
If the HTA table was used, it would be:
20 x $4.50 = $90 set fine + $20 VFS + $5 service cost = $115 total payable
I was thinking a London (City) v. Young argument could be used on appeal after a POA s. 9 default, but now I guess not.
Is there any other offence that has a varied fine, between what the Chief Justice's list says the set fine is, and the penalty prescribed in the Act that enumerates the offence?
Re: Speeding - What Should The Set Fine And Total Payable Be
Posted: Fri Mar 11, 2011 9:08 pm
by Simon Borys
Keroba wrote: Is there any other offence that has a varied fine, between what the Chief Justice's list says the set fine is, and the penalty prescribed in the Act that enumerates the offence?
No
Re: Speeding - What Should The Set Fine And Total Payable Be
Posted: Sat Mar 12, 2011 4:15 pm
by Radar Identified
Proper set fine & total payable: $75 and $95, respectively. The amounts are correct.