Agreed... hes a lawyer... in a big way hes sort of one of their own.
Thank you Witnesses!!!
- Thread starter lil sushi
- Start date
Agreed... hes a lawyer... in a big way hes sort of one of their own.
OpenGambit
Banned
Thats not what I read. I also suggested something that I know works but no response.. twice.
So sure go back to fantasizing about beating people up I definately don't see legal avenues being properly used.
But seeing the laziness regarding just filling out a few forms and picking up the phone. I guess its obvious that no one is going to beat up anyone. Looks like the guy is safe.
If Justice failed for any reason, its because of a lack of diligence.
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Tell you what... you spend the summer fighting to get your bike back... then get told its pointless to continue and see how you feel. I am sure Lil sushi is worn out. And wants to spend the rest of the summer enjoying her bike, not sitting in court when they have made it clear they wont let her win anyways.
OpenGambit
Banned
Making a choice not to pursue something is a rational decision. Something that I don't take issue with, its a personal choice. That being said, what I suggested takes an afternoon tops, and is way more effective than some crappy failure to remain charge. And if you choose to adbandon something like that, the justice system didn't fail you, you chose not to engage it.
Suggesting that the world is somehow unfair because beating up a person (who happens to be a lawyer) will land you in jail is something else, that was clearly what I was originally responding to.
Someone else said that legal avenues were exhausted. I am not sure how that has to do with the fact that beating someone up is illegal, but that wasn't correct.
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An afternoon? Shes spend more time dealing with this **** than you realize.... she hunted him down for three weeks. An afternoon... its a couple hours on top of too many already spent.
Ok so beating someone up is not illegal? Hmmmm.... we don't know the Canadian justice system do we?
Beating the guy up was only mentioned as her last option. One which we know she is not going to take.
slogan
Well-known member
a true biker
There's nothing wrong with that. You are not doing anything illegal or morally questionable....
maybe post his address here and we will have a Thursday night special on his front lawn
There are some other anonymous ways to deal
like unpredictable falling bricks from the sky or so :evil4: (jk)
How to file a complaint with The Law Society of Upper Canada: http://www.lsuc.on.ca/faq.aspx?id=1144
K. so this got way outta hand. Let me try to explain once again and put an end to this.
I believe it is unfair that someone who committed an offense, in a situation where there were two random witnesses was not charged. He committed several offenses, 4 traffic violations to be correct, and was not charged with any.
I spent 3 weeks fighting with the appraiser, claims adjuster, shop and tow. No this had nothing to do with the law, but frustrating none the less.
In that 3 week time period, I also retained a lawyer who then also advised me against further pursuit and referred me to another lawyer who MAY be able to help my case. Again, at this point I've been advised that it's "property damage", since noone was hurt, it's not likely to go anywhere. Lawyer number 2 stated my case was "too small to take on".
I followed up with the police department and/or the traffic investigative unit approx. every other day (I have the document tracking who I spoke to, when, for how long and about what) asking for an update on the case. On July 28 I received an email from the investigating officer from 31 Division stating "He has forwarded me his statement on the events and has taken full responsibility for the accident, and is fully co-operating with his insurance and your insurance.I have spoken with a Crown Prosecutor regarding the laying of any charges....and it is not likely any charges are going to be laid as a result." (some items were removed to protect the identity of the driver)
I consulted with Lawyer 1 at this point, and was given some instructions on how to pursue on my own if i wanted to ensure that he would be charged. However, it was also mentioned to me that at the end of the day this may be a year long process, it doesn't gain me anything in terms of my lost time/effort and will not get me my bike back any sooner. Basically, the lawyer was telling me it was not worth it. I was also advised by another lawyer, and yes I can get you the exact wording in communication off my other laptop when home if required, because I cannot remember the exact avenue in which I was advised at this point. He told me that if I did pursue the driver "might be charged under section 252 of the Criminal Code, failure to stop. That one is pretty much a given. The only possible out he'd have is convincing the judge that he had no idea what-so-ever that he hit something. He could also be charged under section 429-430, mischief, if it could be shown he did it "willfully". As far as the legal code goes the term "willfully" can be applied if the person was being reckless and knew they were doing/not doing something that could cause damage."
7-weeks go by. From the date of loss on July 5 to August 24. I now have my bike back. I'm exhausted, frustrated, and at the same time relieved to have my bike back and SOME season left to ride.
I posted up that I was happy to have my bike back. Someone else asked what happened to the driver, I stated he wasn't charged, and somewhere along the line I'm sure I re-expressed my displeasure.
Someone else suggested violence, I took it lightly and stated that my mama raised me better than that.
yes the world is an unfair, unkind place at times, I'm not stating that violence should be legal or a solution. I replied with a few light responses to other's posts regarding "other solutions"
You're correct in one aspect. If I want something done about it...I should do something about it. Do I care enough to pursue it in the ways anyone is suggesting after doing what I've already done? No. Is this my own doing and dwelling? yes. Did I make the suggestion to handle this illegally? no.
What I am saying, and HAVE said is that I don't believe this case was handled appropriately when someone so obviously violated the law, and should have been charged and was not. This to me..and no I am not a lawyer, a law major or otherwise, but as a normal everyday person, this seems unfair.
And here's the "Sushi's gonna play the victim" part that you can write another paragraph on if you like...but at the end of the day...all I did...all any of us ever did...was PARK the bike.
Thanks Rob. I'll look into and consider it. It's been quite the road already
OpenGambit
Banned
There is no doubt that pursuing the failure to charge charge isn't worth it. Thats why I never suggested it in the first place. I agree with your lawyer, though I am not sure why you needed one...
Anyway, I gave a pretty simple and effective solution (to complain to LSUC) and what I get in return are some ridiculous comments about my profession. I guess I shouldn't bother since it is neither followed or appreciated.
Anyway, I gave a pretty simple and effective solution (to complain to LSUC) and what I get in return are some ridiculous comments about my profession. I guess I shouldn't bother since it is neither followed or appreciated.
Sorry, I might have missed something. What is it that you do?
johnnycage
Well-known member
I saw a cab destroy a bike in front of rock tatto palour at 4am once, got the plate and called it in to the cops. Poor guys bike, the cab hit it going at least 60 and sped off.
Good on ya! I always ask the door guys to keep an eye on my ride now...Luckily Tattoo bouncers and I get along swimingly =)
OpenGambit
Banned
It doesn't matter. Rob has graciously posted a link to LSUC for your convenience. That is what I would do if I were in your situation, after all, I wouldn't think twice about a failure to remain ticket, but I would stress out if LSUC sent me a letter.
In terms of managing your expectations, don't expect a licence suspension (assuming his file is otherwise squeaky clean, but i don't know that). However, lawyers do get reprimanded for many things that are not related to their professional preformance. These penalties when they come are very harsh.
In Ontario a guy was denied entry to the bar based on some aggressive and uncivil behaviour as a member of his condo board.
And a senior lawyer in BC lost his licence in connection with a DUI. It was the anniversary of his wife's death and he got into a single car accident after drinking.
As I said before, this guy should know better.
