Advice needed! | GTAMotorcycle.com

Advice needed!

K

Krime

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This is in regards to the tickets I received back in July, just before leaving for England on business for 4 months.

http://www.gtamotorcycle.com/vbforum/showthread.php?160200-Looking-for-advice

I just returned home last night and have just over 2 weeks until my court date in Wasaga. I've been in touch with a paralegal who will cost over $400.

My question is this - my father (on my behalf) has submitted 2 disclosure requests (in Aug and then again mid Oct), and I have yet to receive anything. With this being the case, is it worth it to hire the paralegal (as I had planned), or should I go myself and ask for the case to be dropped or at least postponed due to the lack of a disclosure? I've heard that the officer may send it 1 week or so before the date, in which case I may be in trouble as I won't have sufficient time to prepare my case or hire a paralegal to do so.

What are your recommendations? The option to go to Wasaga on my own will be difficult (as I'll need to get the day off during a very busy work schedule), but if it's worth it I'll try and make it happen.

Many thanks.
 
Both were given well over 45 days before the court date. They'll probably try to hand it to you on the court date. You can indeed go into court and say disclosure was handed to you without reasonable time left to form a defence or hire representation. The JP will adjourn and give you a later court date.

I would hire the paralegal now just to get it out of the way. $400 is to take your case (or it should be) not just to show up that one date to push it forward.

I don't think they'll drop the case on the spot. You'd need to wait 11+ months to be able to use 11(b)
 
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Let's put it in perspective. That's $50.00 in gas and a day of work lost, for just this one trip. If they give you disclosure when you get there then you're looking at another $50.00 in gas and another day off work to go back and actually fight the charge, if the JP doesn't dismiss.

Hire the paralegal.
 
I listened to the prosecutor at Toronto West Court Office - </SPAN></SPAN>2700 Eglinton Avenue West</SPAN></SPAN> on November 16 (I was there with my friend helping him with a ticket, I will write a separate post about that ticket when I have a chance). </SPAN></SPAN></SPAN>

When "checking in", my friend asked - "Sir, I requested disclosure twice and didn't receive anything, what can we do about that?"</SPAN>
The prosecutor said: "All disclosure requests have to be sent 8 weeks in advance, to allow time for processing, when did you send it?"</SPAN>
My friend: "That's not what it says on your website, the City of Toronto website" (referring to http://www.toronto.ca/court_services/requesting-disclosure.htm</SPAN> , it doesn't say anything about 8 weeks notice)</SPAN>

(The first disclosure request was sent 5 weeks before the trial date, so my friend was trying to defend that position)</SPAN>

Prosecutor: "When did you send the request?"</SPAN>
My friend: "5 weeks ago"</SPAN>
Prosecutor: "Then let's see what the Justice has to say about it"
I don't know what would have happened if the requests were sent 8 weeks ago; automatic withdrawal?</SPAN>

In your case... Disclosure requests sent in August and October for a December date.... way more than 8 weeks. I would not hire the paralegal. I'd go myself and, if it gets rescheduled, then I would consider hiring someone.


EDIT: At the end, it is a personal decision... if you are too busy with work... if you cannot take the day off... the costs of the two fines... etc. But also keep in mind that the paralegal may or may not produce the desired results.
 
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Thanks for the advice guys.

So... after learning of all day meetings as well as my staff christmas party on the court date, I hired a paralegal about two weeks ago to handle the case. I mentioned the situation with the disclosure request, and they've been really great/helpful in conversations over the phone (heard nothing but good things about them).

I just checked my voicemail tonight (Friday) and received a call from the Barrie court office that my disclosure is now ready for pickup. That's only 4 business days before my court date (next Thursday)! Meaning in theory I would have to get the disclosure early next week and then back again on Thursday for the trial.

I'll need to contact my paralegal of the situation, and fortunately they've already mentioned that if this situation arose, they'd pick it up for me. I can't say I'm surprised by this, the cop was a complete prick and it makes perfect sense - strategically ignore my requests and send it last minute knowing that I live well out of town.

Fingers crossed things will work out!
 
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For those interested, my court date was yesterday. I got the call from my paralegal with the verdict. Even though there was a disclosure to pick up, there was nothing the officer disclosed. With this, my speeding charge was dropped, but unfortunately my failure to surrender my insurance card went through - judge unfortunately gave the officer some credit and gave him that much. $65 and a non moving violation - however could still affect my insurance. Either way, this was the next best scenario to having all charges dropped.
 
I'm glad your speeding charge was dropped but sucks how you could have gotten the speeding charge dropped yourself with the lack of disclosure.
 
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