Automotive

request for disclosure

  • Last Updated:
  • Dec 10th, 2008 11:59 pm
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Deal Expert
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Nov 27, 2006
16124 posts
362 upvotes
Etobicoke
ticketcombat wrote: OK first off I want to say I'm a newbie here AND I have a lot of respect for your (award winning) posts. So with that in mind, here are a few things I want to point out. A justice can consider a constitutional motion before, during or after a trial. Oral arguments are also heard (Crown & defendant/rep). Example: R. v. Araujo, 2008 ONCJ 507 The cop should be nearby in case the motion is heard after trial instead of pre-trial. He would have to testify at some point or the Crown would have to seek an adjournment or withdraw. No cop, no case.
Yes, a JP can consider any motion at any time during a trial, I agree. However, in practice, and especially for an 11(b) motion, courts schedule motions in one court and trials in another and rarely, very rarely in one proceeding. IF that is the case, both sides will know that well ahead of time, as scheduling is done ahead of time, and notice is given to both sides, so they will know that the trial will follow the motion and can have their witnesses there. There are no surprises, there is no trial by ambush, notice WILL be given to both sides how the hearings will proceed. In the vast majority of HTA cases, that's the procedure, all counsel know that, therefore there is no need for the Crown to have it's cop-witness, or the defendant to be present if represented by an agent,sitting in court 'in case' trial follows immediately.

It goes without saying that 'oral arguments are heard' during a motion...at least I thought it went without saying. I've yet to see a hearing where everyone sits mute. But those oral arguments are made by counsel based on affidavit evidence, not oral testimony (of which there is none in motions court). Apparently I wasn't clear and made the assumption that that was self-explanatory when I said 'argued by lawyers (or agents) only based on affidavit evidence of the witnesses' (notice the word 'argued').

BTW, welcome newbie....lol...your username is perfect for this forum, I guess we'll be seeing you around more often?
Jr. Member
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Dec 7, 2008
192 posts
3 upvotes
Toronto
Nikita wrote: BTW, welcome newbie....lol...your username is perfect for this forum, I guess we'll be seeing you around more often?
Thanks for the welcome. I found this site a few days ago. I've posted in other forums/sites mostly helping people fight traffic tickets. Hence my website: www.ticketcombat.com. I launched it this summer and I've found posting on forums and the feedback helps me learn more and improve my site as well. You can't know everything and the case law changes rapidly. There are some very knowledgeable people on this site and I'm looking forward to the back and forth.
Deal Addict
Jan 12, 2005
1032 posts
ticketcombat wrote: Thanks for the welcome. I found this site a few days ago. I've posted in other forums/sites mostly helping people fight traffic tickets. Hence my website: www.ticketcombat.com. I launched it this summer and I've found posting on forums and the feedback helps me learn more and improve my site as well. You can't know everything and the case law changes rapidly. There are some very knowledgeable people on this site and I'm looking forward to the back and forth.
Wow, great website!! I was reading it over, and its amazing how detailed it is, THANK YOU for having it up! Hopefully its permanent!
Deal Addict
Apr 23, 2008
1534 posts
406 upvotes
Correct me if i am wrong: if i had filed the "Notice of Constitution" for that court date, my charge may not have been withdrawn on that day due to cop's absence, but a new trial date may be set. That's to say when i filed a 11b motion 15 days before my set trial date, i could not take advantage of the cop's absence on that day!
Jr. Member
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Dec 7, 2008
192 posts
3 upvotes
Toronto
phht wrote: Correct me if i am wrong: if i had filed the "Notice of Constitution" for that court date, my charge may not have been withdrawn on that day due to cop's absence, but a new trial date may be set. That's to say when i filed a 11b motion 15 days before my set trial date, i could not take advantage of the cop's absence on that day!
Basically you are filing a notice of motion. In other words, you are saying, "hey, I'm going to make a motion when my trial comes up." At trial, if you don't see the cop, don't make the motion. Nikita and I have different experiences at court. Yes there shouldn't be surprises. But it shouldn't surprise you that there are surprises.
Jr. Member
User avatar
Dec 7, 2008
192 posts
3 upvotes
Toronto
Allstarplaya546 wrote: Wow, great website!! I was reading it over, and its amazing how detailed it is, THANK YOU for having it up! Hopefully its permanent!
Thanks for the positive feedback Allstar. Yes it's a permanent site and updated frequently as new cases get published!
Deal Addict
Apr 23, 2008
1534 posts
406 upvotes
Thnks for the inputs, and congrats to ticketcombat site, it's great and it's free info with very useful tips for ticket fighters. As more sites like this come up, people will be more educated on the subject and together we will crash the cash cow.

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