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11b Application, Help Urgently Needed.

Posted: Sat Mar 12, 2011 4:06 pm
by Zeyan92

Hi there,


So, time is of the essence because I have 2 Parking Ticket Trial dates upcoming and I was reading that you need to submit an 11b minimum 15 clear days before the trial date, otherwise it will be denied. Below are the 2 tickets:


The first trial date is on April 5th / 2011 @ the Court on Centre Avenue, Downtown Toronto. The trial date was scheduled approximately 16 Months, 2 Weeks and 2 Days after the alleged infraction date.


The second trial date is on June 24th / 2011 @ the Toronto Markham Court, Markham Road. The trial date was scheduled approximately 19 Months and 5 Days after the alleged infraction date.


Am I right in assuming both of these tickets qualify for an 11b Application for Stay of Proceedings? If so, I desperately need help regarding how to write one correctly (I couldn't find any good sample Applications that were clear enough for a Law newbie like myself to understand), who I need to submit the Application to and how I can submit it (by a Fast Mail Service with proof of delivery if possible because I work full-time during the week and I live far east outside of Toronto, so it would take a long time for me to get down there to just hand deliver a form to a a couple people).


Anything other information that is required for me to be successful in this endeavor, please let me know ASAP.


Thanks in advance!


Re: 11b Application, Help Urgently Needed.

Posted: Sat Mar 12, 2011 4:52 pm
by diehard

Read this topic carefully: http://www.ontariohighwaytrafficact.com/topic2952.html


You'll find an application template.


Re: 11b Application, Help Urgently Needed.

Posted: Sat Mar 12, 2011 5:44 pm
by Zeyan92

Thanks for the quick reply diehard.


I have another quick question though - are the tickets issued by the Parking Enforcement Officer required to be submitted with everything else? I'm having trouble finding where I put them, considering it has been 1.5 to almost 2 years since the alleged infractions.


Thanks again!


Re: 11b Application, Help Urgently Needed.

Posted: Mon Mar 14, 2011 10:22 pm
by Zeyan92

Ok, so even after reading through your posts (diehard and Radar's) about how to file an 11b, I'm still SO confused and I only have a few hours left to finish writing this as I have to have everything "Stamped" by a Commissioner of Oaths tomorrow. These are my questions and I hope they can be answered:


1) Looking at the 11b Template "Stay.PDF" has me completely confused. I need a template as Simple as possible, not only for clarity and simplicity for me, but also because they are only minor Parking Tickets. Everything is still fairly vague at this point after reading all your info =\.


2) Do copies of the parking tickets absolutely need to be attached to the 11b Page and the Affadavit? I've searched long and hard and they are nowhere to be found.


3) Does the stamp from a Commissioner of Oaths have to be one from the same City or Town where the Trial date / Ticket was issued? It's quite a hassle for me considering I live 40-50 minute drive East outside Toronto (an even bigger hassle will be having to hand deliver the 2 pages to the Prosecutor and the Court). Btw, what do you mean by "the Court"? Would that just be the Prosecutor handling the case? How do you find my specific Prosecutor and Court to hand deliver it?


4) What are you referring to when you say "Tab"? Is that just your way of saying Page #? Since my alleged infractions were minor Parking Tickets, do I really need as many pages as the templates have? Could I not just have 1 page for the Stay of Proceedings application and 1 page for the Affidavit?


I know I have more questions, I will Edit this reply within a few minutes.


11b Application Question.

Posted: Wed Mar 16, 2011 12:49 am
by Zeyan92

Hi there,


I'm just wondering - is it absolutely necessary to to include a copy of the ashkov and morin cases? There is a ridiculous amount of pages and in the end will cost me more than the cost of the parking ticket to print all that =\.


These are the pages I plan on having together:


1) Cover Page

2) Table of Contents

3) Notice of Application

4) Sworn Statement (isn't this the same thing as #5 below or?)

5) Affidavit of Service (Signed, Stamped and Faxed to Attorney-Generals of Canada & Ontario)


Also, I have misplaced the copies of my tickets. Are these necessary to have a good chance of success?


Thanks in advance.


Re: 11b Application Question.

Posted: Wed Mar 16, 2011 10:39 am
by fredfred

Zeyan92 wrote:Hi there,


I'm just wondering - is it absolutely necessary to to include a copy of the ashkov and morin cases? There is a ridiculous amount of pages and in the end will cost me more than the cost of the parking ticket to print all that =\.


I just included the first part up to the "Authors cited" section. Worked out to 5 pages total with the font size I used.