OHTA.ca

I understand from some research on this forum that the following are considered Fatal Errors:

- Defendant name missing

- Missing date

- Missing offence location

- Missing officer signature if it is NOT an electronic ticket

- Incorrect set fine and/or total payable (one report says this is no longer the case... currently waiting for confirmation of case law or legislative change)

I received a speeding ticket and the offence is documented as "Speeding 90 KM/HR in a 100 KM/HR zone". By my math, that's not speeding. However, the road I was travelling on has a posted speed limit of 80 KM/HR. Would this fall under the fatal error category of 'missing offence or an offence not known to law'? Or is this something that could be amended during trial?

I appreciate your thoughts/guidance on this matter.

It looks to me like that would constitute a fatal error. Remember if you are going to force a fatal error then you don't want to book a trial, ignore the ticket and it should be quashed when it gets sent to the default docket for review.