Re: what happened to the askov ruling?

From: jk <enterstageleft_at_rogers.com>
Date: Thu, 18 Dec 2003 05:20:17 GMT


thanks for response, seems a high court made a ruling to diminish it as it used to be fairly common for tickets to get throw out after ''8-10 months'' which seemed the guideline, while 11(b) is still of course there it takes jumping through a few hoops
just to make an application for dismissal these days.

"Steven Vamos" <isomav_at_my-deja.com> wrote in message news:77dfaa09.0312171751.616fb0cd_at_posting.google.com...
> It happened in Toronto:
>
> I got a parking ticket on July 20, 1991.
> The date of trial was on March 31, 1992.
> Time difference in time is just over eight months. The charge was
> dismissed by the justice of the peace based on the Askow ruling. In
> fact he dismissed most of the charges (if not all) at his own as no
> one was claiming the applicability of the Askow ruling.
>
> My opinion is that an offence is offence regardless of under what
> level it was made an offence and section 11(b) applies in all cases.
> Interestingly, no lawyer made an offer his/her educated or
> professional knowledge on the question.
>
> "Lee Hanlon, CD" <lhanlon_at_shaw.ca> wrote in message
news:<QCUBb.658307$9l5.515383_at_pd7tw2no>...
> > Section 11(b) only applies to criminal charges. Traffic fines are not
> > criminal matters, nor are they charges. They are fines. You might want
to
> > look under the Provincial Offence Act as well as the Municipal By-law
Act
> > where the traffic violation took place.
> >
> > Lee
> >
> > "jk" <enterstageleft_at_rogers.com> wrote in message
> > news:PdEBb.30678$r%u1.7044_at_twister01.bloor.is.net.cable.rogers.com...
> > > if a traffic ticket case drags on how does one challenge it w/ respect
to
> > > charter of rights section 11(b)... or have the courst decided it is
> > alright
> > > for any length of a delay to these simple charges.
> > >
> > >
Received on Wed Dec 17 2003 - 21:20:17 PST

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