OHTA.ca

Story is as follows:

Aug 21, 2010: Speeding ticket 136km/h in 100km/h 401 w/b in Brighton, Ontario

Trial requested

Trial set for Feb 10th, 2011 @ 10:30am in Brighton, Ontario

Jan 6, 2011: Disclosure Request 1 faxed (have fax receipt)

Jan 31, 2011: 2nd Disclosure Request

Disclosure was not received.

Went to trial on Feb 10th, 2011, told prosecutor I had not received disclosure and he handed it to me right there.

No radar manual was given only the officers notes.

There was some short hand on the notes and I requested that this be translated.

He refered me to the officer and the officer explained the shorthand.

I talk to the prosecutor and am told the trial will be moved to April 26, 2011. I requested there on the spot that typed version of the officers notes with all short hand translated to plain english be mailed to me (3rd Disclosure Request?).

I have not up until now received this, I am going to go home and file another (4th) disclosure request to have the officers notes typed and shorthand translated to plain english along with a copy of the radar manual.

After this I assume I would need to file Form 4F, wondering how I would go about this and what this form looks like?

Thanks,

Gary

From what I've understood with information from this forum I have to do the following:

Fill out this Form 4F: http://www.scribd.com/doc/42983944/Form-4f-Example-1

Fax this completed form to: (ARE THE FAX NUMBERS FOR THE FIRST TWO STILL CORRECT/VALID?)

The Attorney General of Ontario (as required by section 109 of the Courts of Justice Act)

Constitutional Law Branch

4th floor

720 Bay Street

Toronto, Ontario M5G 2K1

fax: (416) 326-4015

The Attorney General of Canada (as required by section 109 of the Courts of Justice Act)

Suite 3400, Exchange Tower

Box 36, First Canadian Place

Toronto, Ontario M5X 1K6

fax: (416) 973-3004

Clerk of the Court

City of Port Hope Courthouse

56 Queen Street

Port Hope, Ontario L1A 3Z9

Fax: ( ) -

Prosecutors Office

The Corporation of the County of Northumberland Provincial Offences Municipal Prosecutor

860 William Street

Cobourg, Ontario K9A 3A9

fax: (905) 372-5173

I beleive after faxing this form out to all parties and having a fax receipt I can go to a Commissioner of Oath and have four Affadavit of Service made for each time I served Form 4F by fax showing him/her the fax receipts and my ID?

Is this correct? If someone could help me out with this I'd like to do it tomorrow.

For Attorney General of Canada I sent fax to Ottawa: (613) 990-7255.

The detailed instruction how to file motion of stay is here: http://www.ontariohighwaytrafficact.com/topic2808.html

You need to visit Comissioner of Oath twice. First time to swear your statemnet (facts you provided are true). This is the part of application of stay. Then you fax application of stay to Attorneys. After that you need to go to Comissioner of Oath and swear Affidavits of Service (which is confirmation that you sent faxes to attorneys). After that you can serve Prosecutor and Court. It is better to do in person, not by fax, to get receiving stamps on your application. Double check prosecutor and court locations, that's weird you have different address, they are usually located in one place.

My first and second disclosure requests were sent to:

Prosecutors Office

The Corporation of the County of Northumberland Provincial Offences Municipal Prosecutor

860 William Street

Cobourg, Ontario K9A 3A9

fax: (905) 372-5173

The first trial was held at:

Brighton Courthouse

35 Alice St.

K0K 1H0

New trial (for some reason) is at:

City of Port Hope Courthouse

56 Queen Street

Port Hope, Ontario L1A 3Z9

Fax: ( ) -

So now I'm confused as to where I should send all documents / relevant information.

I'd like to be able to fax this all (even to the court and the prosecutor) only because the drive is about 2 hours one way and I'm in the middle of exams right now, would this be acceptable if I get a sworn affidavit that I served them by fax?

You can call to 860 William Street, Cobourg and ask them where to send documents to court and prosecutor. Or, you can fax them everywhere, to Cobourg, Brighton and Port Hope, just in case.

I am not sure if this acceptable to serve court and prosecutor by fax. Probably, somebody more experienced than me can answer this question.

So once I've filled out Form 4F (similar to this one here: http://www.scribd.com/doc/42983944/Form-4f-Example-1)

Do I need to go to a commissioner of oath and swear that the form is true and what not.

Before I can serve any of the parties?

I didn't use form 4F. I followed the process described in this topic: http://www.ontariohighwaytrafficact.com/topic2808.html

You need to swear that facts in your application are correct. Then serve other parties starting from Attorneys. After faxing to Attorneys, go to Comissioner of Oath again and swear Affidavit of Service (to confirm you served Attorneys). Then serve prosecutor and court.

Probably, you can fax to Attorneys, Prosecutor and Court, and then swear Affidavit of Service for all of them. And bring those affidavits to the court on the court date. But I am not sure, if this is OK. Other people advise is required here.

Don't forget to keep transmission reports after your faxing.