70 Centre Avenue, Toronto: New Ontario Court of Justice # 4871

Update: See page Ontario Provincial Offences Courts (Ontario Court of Justice).

70 Centre Ave by fightyourtickets.ca

On July 6, 2009 a new court house opened in Toronto at 70 Centre Avenue, Toronto, Ontario M5G 1R5.

70 Centre Avenue is located in downtown Toronto, 1 Street East of University Avenue, North of Dundas Street East and South of Edward Street.

This newest addition to Toronto’s current court houses, 70 Centre Avenue has opened up with four courtrooms (known as C-1, C-2, C-3 and C-4). These are small court rooms and have been added to currently deal with parking tickets, GO Train tickets and Toronto Transit Commission (T.T.C.) tickets.

The times that have been set for trials in courtrooms C-1, C-2, C-3 and C-4 are 9:00 a.m., 10:30 a.m., 1:30 p.m. and 3:00 p.m.

70 Centre Ave - located on the exterior front door

When your trial is scheduled to proceed, you will come to this address.  First of all you will be greeted by four (4) Court Officers who will ask you to empty out your pockets into a little plastic tray. This will include any metal object on your person (keys, change, coin, lighter, pen, cell phone, iPod, MPS/DVD player or anything else that may trigger the security alarm as you walk through the security door). This experience is similar to the security at the Airport, but you don’t have to take your shoes off for the flight (you can now keep your shoes on for all domestic flights within Canada). You will also be asked what time your trial is scheduled for.

One of the Court Officers will inform you that you must walk straight ahead and turn right down the short flight of stairs to the courtroom where your trial is scheduled. There are four court rooms (C-1, C-2, C-3 and C-4) and you will have to check the lists posted outside of the court room to see if your name appears on the post.  You will notice that the area just outside of the courtrooms is extremely confined with only a few seats.  If you need to sit down and read your material or make any last minute adjustments, you can go back upstairs where there are plenty of chairs to sit down.

All Courts in Toronto will make sure you go through the security assembly line (much like the airport) before entering the Courts. The rule is that you can't be snacking (water is acceptable) or packing.
As soon as you walk in to 70 Centre Ave - you'll see this NO FOOD or DRINK sign (with the exception of water)

The shocking thing about this courthouse is that although this building has been renovated (it was a building housing Legal Aid and has now been converted into a court house) it only contains court rooms that are operational.  There are plenty of service counters, but there is no one in the empty offices. There are no staff or clerks to request or obtain information from, there is no place to file a notice of motion or even to pay a fine. The offices, which have been built with service counters have no staff within the offices. In fact, the furniture is still in its’ plastic merchandise wrapping and this court house opened months ago. On October 6, 2009 the new courthouse will be three (3) months old, but there will be no staff to assist defendants who walk through the door.

It is disturbing that the City of Toronto is opening and operating thiscourthouse with only one objective in mind; raising revenues generated by those who allegedly PARK – FAIL TO DEPOSIT FEE IN MACHINE contrary to the CITY OF TORONTO MUNICIPAL CODE; CHAPTER 910-4A(1) or FAIL TO CANCEL GO TRAIN TICKET in accordance with the contrary to the GREATER TORONTO TRANSIT AUTHORITY BYLAW # 2 Section 2.17 or who are charged with one of many offences found within the Toronto Transit Commission. There is no commitment whatsoever to service defendants who cannot afford to wait an hour or even longer at the Court Services Office around the corner at 137 Edward Street, 2nd Floor in Toronto.

The times of the trials given for City of Toronto Parking Tickets, GO Train Tickets and Toronto Transit Commission (T.T.C) Tickets are 9 a.m. , 10:30 a.m., 1:30 p.m. and 3:00 p.m.

70 Centre Avenue - Ontario Court of Justice
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  30. Hi Jason:
    From the time that the ticket was issued to the time of trial is almost 14 months – this delay will allow you to file your Application for Stay of Proceedings. Apply for the Stay and request disclosure.

    Remember to always http://fightyourtickets.ca

  31. Hello admin,

    I accidentally parked in a handicap spot in downtown Toronto on November 26, 2010. I was in a rush and did not notice any markings on the ground indicating handicap spot and did not see the handicap signs high up on the posts. I received a parking ticket of $450. I decided to bring the case to court and I received the “notice of trial” today (Aug. 17, 2011) for January 19, 2012.

    I am wondering if I am able to file for Application for Stay of Proceeding section 11(b) of the Charter since my court date is scheduled after 8-10 months of the initial offense date. Please help. Thank you very much!

  32. Hi,
    I’ve been asked to attend at a trial date for a friend to fight a parking ticket.

    My question is: do I need something that states that I am acting as his agent?

  33. Hi Daniel:
    Lack of disclosure from the Prosecutor is unacceptable, given the requirements laid out in Stinchcombe. It is prejudical. But the prejudice that you want to rely upon, is set out in your section 11(b) constitutional challenge, within the Application for Stay of Proceeding.

    Don’t worry about not having the original ticket (fail to surrender insurance) or the subsequent Notice of Trial for May. You have the Prosecutor’s letter to you describing the charges and the request to put the trial over to a subsequent date – include this letter in your Application for Stay of Proceeding and make sure to write in your Application that the Prosecutor requested an adjournment of the Jan.21 date and you opposed it and the Justice of the Peace ordered it to be put over to May, 2011.

    The lack of notices issue, is covered in the other question you had that I answered. It isn’t necessary to have these documents, as long as you make note of it and write it down and describe it in your Application for Stay of Proceeding.

    You should include the full awards (Askov & Morin) in each Stay of Proceeding Application that you hand in.

    You’re doing well, keep up the good work. Remember to always http://fightyourtickets.ca

  34. Hi Daniel:
    Submit only what you have, but make sure in your application, you state that you have the two (2) and name each of them.

    Most of this can be cleared up by submitting your original Notice of Trial or Notice of Trials, which contain all of the information.

    You don’t need a second Notice of Trial, indicating a second trial of May 25, just make sure to note this in your applicaton for Stay of Proceeding documents.

    In substitution of documents, you can simply write down the charge(s) and make reference to the first trial of January 21 (which you can support with a Notice of Trial) and the hearing conducted to deal with the Prosecutor’s motion for an adjournment. Just write about this, you don’t need the documents.

    The badge number or lack thereof is not the prejudice which you want the court to deal with. You want the court to draw an adverse inference from the time it took from the date the ticket was received, up to and including the date of the actual trial where the matter was eventually dealt with. The prejudice is the amount of time that it took to get this matter to trial and the detrimental effects on one’s memory related to this event, that you want to stress and rely upon in your Application for Stay of Proceeding.

    Remember to always http://fightyourtickets.ca

  35. Hi Diana:
    You are going to court on Valentine’s Day as an agent on behalf of another driver. Given the information that you provided, it sounds like you will appear on behalf of someone else and seek an adjournment to another date.

    Prior to the scheduled trial, go into the courtroom and speak to the Prosecutor and inform him or her as to your intentions on behalf of the person you are appearing on behalf of. Tell the Prosecutor that you have your hands full, with two young children and that you would like to leave as soon as possible. The Prosecutor should accommodate you in this respect.

    The children (even infants and toddlers) are allowed in the courtroom, but may be asked to leave if they begin to make noise.

    Remember to always http://fightyourtickets.ca

  36. Hi Dame:
    Yes. Children are allowed in the courtroom. However, if the court determines that their behaviour is undermining the proceeding, they may ask that the children be taken outside of the courtroom. Given that you are not suppose to talk, read, eat or play video games, the courtroom can be a very boring place and time for children.

    Remember to always http://fightyourtickets.ca

  37. Notice of trial date has been set out for 14th Feb for parking in private property. I need to go as an agent for the driver what are the formalities. Are children below 2 years allowed in the court rooms at 70 centre avenue.

  38. Thanks for the advice!

    I just have a few follow up questions.

    1. Does the lack of disclosure on the part of the crown constitute sufficient prejudice to the accused?
    2. I can only find one of the two notices of trial I received. If I am missing the second (i.e. fail to surrender insurance), does this affect the “application for a stay of proceedings” in any way?
    3. I have not received a new notice of trial for the May 25,2011 trial date as it was communicated verbally by the JP. Is this notice of trial required in the “application for a stay of proceedings?”
    4. Are full copies of Ashkov/Morin required in the “application for a stay of proceedings” or are the first few pages sufficient?

    Thanks again.

  39. Thanks for the advice!

    I have another quick question; I only have one original notice of trial (Speeding) and I’ve lost the other (Fail to surrender insurance).

    From the January 21 court date, the JP told me to write down the next court date (May 25) to which I didn’t receive any notice of trial document.

    In section 4 of the ‘application for stay of proceedings,’ which notice of trial do I need to include? Do I need to somehow replace the missing notice of trial as well as include the original Speeding notice of trial? Do I need to include a notice of trial for the new May 25 court date which was just verbally communicated by the JP?

    Also, would what you mentioned about the prosecutor’s non-correspondence regarding the badge# be considered prejudice to the accused as well?

    Thanks again.

  40. Hi Daniel:
    It sounds like you took all the right steps – are you sure that the officer’s badge number was contained in your disclosure request? It is normally a good idea to attach a copy of the Notice of Trial with your disclosure request – this has all of the pertinent information in it and cannot provide the Prosecutor with an excuse.

    I wouldn’t be over concerned with what happened. Even if you had provided the Prosecutor with the officer’s badge number, the Prosecutor would have just said that his office had been busy and that it was not uncommon for this type of issue to arise. The Justice of the Peace (the “JP”) still would have provided the adjournment request from the Prosecutor.

    Your a layperson and will not always get it right the first time. It sounds like the Prosecutor’s Office provided a weak and shoddy excuse for delaying your access to the disclosure that you sought and the JP bought it. You sent not one, but two requests in writing by registered mail and the least that someone in his office could have done, was to go to the same file that they put your disclosure requests in (the same file the Prosecutor showed up at the trial) and sent the request to the officer who charged you or at the very least, notify you in writing that they did not have the officer’s
    badge number on file (despite the fact that they do – your trial was scheduled by court services using the officer’s schedule and available dates) and would need it to follow through.

    Your a layperson and it sounds like the Prosecutor’s office took no steps whatsoever to facilitate your request, even though they had the officer’s badge number and if they claim they did not, why didn’t they call you or write to you pointing out the deficiency (lack of badge #) in your request for disclosure.

    You wrote them twice and then showed up for the trial – how would they have the badge number now of the officer that charged you, if you didn’t provide them with the badge number? They had it when you wrote to them and they had it at the trial – it can all be found in the file that the Prosecutor brought with him, to the trial date that you recently appeared for.

    The fact that the Prosecutor asked for a new date in April, 2011 indicates that he had the officer’s schedule with him on the date of the trial.

    The Prosecutor requested the new date and as such, the delay falls squarely on his shoulders. The fact that you were not available and agreed to May 25, 2011 doesn’t hurt your case. The delay still falls squarely on the Prosecutor and cannot be attributed to your actions.

    You do have a section 11(b) argument available to you, as it will be 14 months before your first opportunity for a trial from the date of the initial charge.

    You would go back to the court at which you appeared for your trial and request a transcript. I would suggest that you save your money and just write down what happened on January 21, 2011 in your application for Stay of Proceedings in your “Sworn Statement” at http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/

    Remember your a layperson and the courts will provide you with a lot more latitude than a paralegal or lawyer who are held at much higher standards than yourself, in these types of proceedings. You should emphasize that the Prosecutor’s office had all the information (ie – the officer’s badge No.) at their fingertips, in their possession and if they did not, they could have least called you or written to you, but chose not to. What did the Prosecutor expect at the trial, when they had not provided you with disclosure beforehand?

    The Prosecutor knew, or ought to have known, that the only recourse available to the Courts was to grant an adjournment when you had requested disclosure on two separate occasions (months before the trial was scheduled) and disclosure had not been provided to you by the January 21, 2011 trial date.

    Remember to always http://fightyourtickets.ca

  41. Hi Kelly:
    If you parked at one the the City of Toronto’s Park and Display parking machine and paid for parking and can bring the receipt with you that reflects the same time, that your ticket reflects, then the Parking Enforcement Officer that provided you with a certificate of offence (the parking ticket) will have some explaining to do.

    However, you would not be able to collect damages from the City under these circumstances.

    Remember to http://fightyourtickets.ca

  42. Hi

    I’m going to court tommorw to fight 2 parking tickets for which I had a displayed “paid” parking ticket. Is this a pretty cut and dry “not guilty” case. Can I get the City to pay for my parking costs to fight my unnecessary tickets?

  43. Hello,

    I received two tickets [Speeding (58km in 40km) and Fail to surrender insurance card] on Mar 3, 2010. I received my notice of trial in August, sent via registered mail a request for disclosure in early September. I did not receive any disclosure and subsequently sent another request via registered mail in October. During my court date on Jan 21, 2011, I asked the JOP for a stay of the proceedings on the grounds that I was not given the right to disclosure and unable to prepare a full answer and defense. The prosecutor, brandishing my request for disclosure, said that I did not reference the officer’s badge and unit in my request for disclosure and asked for an adjournment. I argued that they could have looked up the required information. The prosecutor argued that the prosecutor’s office receives many request for disclosure and cannot follow up into looking for details of each request. The prosecution asked for a new date in April, 2011, however, I am out of the country and indicated as such. The JOP rescheduled the new date for May 25,2011.

    I am confident that i can file an 11B argument as a result of
    1. delays attributable to the crown (i.e. they did not correspond with me regarding the missing information)
    2. Systemic or institutional delay (i.e. not having the resources to look into my disclosure request)
    3. prejudice to the accused (the passage of time can severly prejudice a defendant’s ability to defend himself given that memory diminishes over time and that it is difficult to defend oneself, when you begin to forget crucial details)

    however, by not being available for the date the prosecution wanted to re-schedule the trial, did i just add a delay attributable to the accused?

    In your opinion, do I have the grounds to file an 11B argument? is there anything that can be done to help my case?

    Also, where can I obtain a copy of the Jan 21 court date’s transcript?

    Your help is most appreciated.

  44. Hi Julie:
    I wrote a post on this issue – see: http://fightyourtickets.ca/disabled-parking-permits-accessible-parking-permits/

    Under the circumstances that you described, it probably would have been preferable to have parked on the street illegally, versus having instead to have decided to park in the designated disabled parking spot.

    In some cities (ie-Edmonton) the number of people that park in a disabled parking spot increases each year, with a fine of $150.00 or more – see: “We do hear all the excuses of ‘I’m only going to be five minutes,’ or ‘There was no other spots open,'” said Erin Blaine, parking enforcement co-ordinator for Edmonton. see story http://www.cbc.ca/canada/edmonton/story/2009/12/22/edmonton-handicapped-parking-fines.html#ixzz1BOknHsRy

    A ticket for improperly parking on the street would have a fine of about $40.00; the ticket that you received would be over ten (10) times that amount ($450.00).

    The City of Toronto dramatically raised the fine for this violation (Parking in a Disabled Parking Zone) by amending the Toronto By-law in March 2008 from $150.00 to $450.00.

    Justices of the Peace and City Prosecutors view this offence and extremely serious and will often take steps to make an example of motorists who park in a space that has been designated and designed for those in our society that have disabilities.

    The normal process that someone in your position should take, upon receiving a ticket of this magnitude, is as follows:

    1. Take notes immediately upon receiving the certificate of offence (the ticket) – in this case, you describe the actions of a loving mother, who was concerned for her young son,(the school had probably called to inform you of your son’s illness and asked you to immediately come to the school to pick your son up) and were stressed when you came to pick him up. You were only gone for approximately three (3) minutes.

    2. File your Notice of Intention to Appear (your request for a trial) – see http://www.toronto.ca/court_services/forms/nia.pdf

    3. Wait for your Notice of Trial – see http://fightyourtickets.ca/tickets/notice-of-trial/

    4. Upon receiving your Notice of Trial, make a request for disclosure – see http://fightyourtickets.ca/tickets/disclosure/

    If you don’t receive disclosure by the trial date, you can request an adjournment, until the Prosecutor is able to furnish you with the disclosure that you requested.

    5. After receiving disclosure, prepare for your upcoming scheduled trial. See http://fightyourtickets.ca/tickets/prior-to-the-trial/ & http://fightyourtickets.ca/tickets/the-players/ & http://fightyourtickets.ca/tickets/reasons-for-dismissal/ & http://fightyourtickets.ca/tickets/plea-bargaining/

    6. At the Trial: you’ve done your research (see number 5 above) and you know the steps that will unfold during the trial, the various players in the courtroom, the reasons that your ticket can be dismissed and what plea bargaining involves. The trial is scheduled within 14 months of the offence (if not – prepare your Application for Stay of Proceeding – see http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/ and submit to the application to have your charge stayed pursuant to section 11(b) of the Charter.

    You received a ticket for parking in a disabled parking space. You knew it was a disabled parking space, as it was apparently well marked. Parking enforcement officers in Toronto ensure that they patrol schools, much more frequently than other locations, between Sept. & June of each year when children are scheduled to be in school.

    The explanation that you have given for parking in that space, when you did, is an excuse for breaching the by-law and is a rationale heard far too often by the Prosecutor and Justice of the Peace; but will not provide an adequate defence to the charge. Based on this alone, you will be found guilty of violating the by-law.

    If the parking enforcement officer takes the stand and testifies that he/she watched you park in this location or he/she later found your vehicle parked in the spot without a Accessible Parking Permit prominently displayed on your dashboard and therefore issued a ticket which was placed on your vehicle’s front window under the window wiper blade and you take the stand and say that your son was sick and you were in a rush to retrieve him from the school and couldn’t find a space to park and therefore decided to park in the disabled parking space, only for three (3) minutes, conviction of the offence will follow.

    If the parking enforcement officer doesn’t show up to testify to the charge, then the Prosecutor cannot prove his/her case and should withdraw the charge.

    Given that disclosure takes 4-6 weeks to request and receive, on average, you will proceed to the trial in the next few weeks without that ammunition.

    You are best to speak to the Prosecutor before your trial begins and attempt to negotiate a plea bargain – see: http://fightyourtickets.ca/tickets/plea-bargaining/ read this page. The Prosecutor will most likely agree to reduce the fine substantially.

    If the Prosecutor is unwilling to bend or to comprimise on the substantial fine, then wait until your name is called and plead guilty with an explanation (tell your story about a mother panicking over the illness of her son and that you have never done this before and that you have learned your lesson and that you are sorry and that this will not happen again) and request that the Justice of the Peace reduce the fine and provide you with as much time as you need (ie – 6 months) to pay off the fine.

    In the future, if you ever receive a ticket, follow the steps provided and it will give you the necessary time and cushion you need to properly prepare for a trial. In this case, you waited too long before you began to ask the necessary questions.

    Remember to always http://fightyourtickets.ca

  45. Hi-
    I’m going to court in a few weeks for a parking ticket I received in a “handicap” spot located at my sons school. My child was sick and I was rushing to get him. As there were no spots in the school lot available I opted to pull into the handicap spot instead of illegally parking on the street in front of the school. I was literally in the school for 3 minutes to return to a ticket. Any suggestions on how to plead this ticket?!

  46. Hi Barrie: You would have to make this request at the same office in which
    you filed your Notice of Intention to appear. The Courts will grant your
    request for another trial date, if you won’t be in town and will be unavailable
    for the trial. You should definitely file an Application for Stay of Proceeding
    with the courts. If you can’t appear at the first scheduled trial, the Courts
    will hear your section 11(b) motion (the Application for Stay of Proceeding)
    at the next scheduled date.

    Good luck and remember to always://fightyourtickets.ca

  47. Hi Ali: Contact the Prosecutor’s office and request that all of these trial dates could be consolidated
    to a single day.

    Remember to always fight

  48. Hi:
    I have tried to find on your website how I request a change of date for a trial (I am out of town) currently scheduled at the Ontario Court of Justice located at 70 Centre Avenue. I also was planning on challenging the ticket on grounds of unreasonable delay since the offense date was December 11, 2009 and the trial date is set for December 13, 2010. Can I file an application to stay the proceedings even though I won’t be in town on trial date or do I have to file the application as well as file something else to change the trial date?
    Any guidance would be greatly appreciated.


  49. hi, i have several court dates coming up in the near future for parking tickets, i was wondering if i could have all of them on one day as i do not live downtown and transportation is an issue, how could i go about having this done?

  50. Hi again,
    Thank you very much for that explanation. I have asked many people and no one knew.


  51. Hi Donna:
    If you were charged on August 15, 2009 for allegedly speeding and you went to trial in June, 2010 and you ended up being convicted in June 2010 for an offence in August, 2009 – then the Ministry of Transportation would record the conviction on your driving record from the date that the offence was committed (August 15, 2009) and the demerit points accumulated would remain on your driving record for a period of two years (until 2011 in this case).

    Unfortunately, Private Insurance Companies, operating in the Province of Ontario offering extremely costly automobile insurance, keep these convictions on your insurance record (with their company), anywhere from 3 to 6 years from the date of the conviction, not the date of the actual offence. A conviction for speeding is all they need to jack their rates up and keep driver’s in Ontario paying more and more and more for premiums and the privilege of driving.

    Remember to always http://fightyourtickets.ca

  52. Hi again
    I read on the ministry of transportation website that demerit points are added as of the offence date and stay on your license for 2 years. So what I’m asking is even if you fight the ticket in court and end up paying the fine anyway, are the points still added as of the date of the offence or the court date?

    I hope that is clearer….lol. Donna

  53. Hi
    If I pleaded not guilty to a speeding ticket that I got in August and put in for a court date that came in June, then ended up paying the original fine on the court date when is the charge officially effective from the date of the ticket or the day I paid it 8 monthes later.

  54. Hi Vladimir:
    I created a post on 70 Centre Avenue, but I do not work for or at 70 Centre Avenue or any of the other courtrooms in Ontario. The situtation that you describe is one in which you have a conflict on that particular day. I suggest that the appointment at the Russian Consulate is more important than your courtdate at 70 Centre Avenue. You can simply go before a Justice of the Peace at 137 Edward Street (2nd Floor) and ask that the matter be rescheduled. I think that once you have provided an explanation, the request will be met with success and you’ll be given another date in the near future to deal with the ticket. See the City of Toronto’s website on this issue: http://www.toronto.ca/pay-toronto-tickets/parkingtickets/disputingyourticket/trialdate.htm

    This must be done at least 10 days before the trial date, attend in person or by agent to the court at 137 Edward St.: 2nd Floor in the Court Administration Office Monday – Friday between 8:30 a.m. and 5:00 p.m. Take your Notice of Trial with you and inform the clerk that you would like to prepare and file a motion to request a change of trial date. Upon completing the document the clerk will assign an appearance date and time, and provide you with a copy of the motion indicating a date, time, and room that you or your agent are to return to the court. This date provided is not a trial date, but a date to hear your motion and the reasons why a change of trial date is required.

    On your appearance date for the motion, all the relevant documents will be brought into court, including information regarding court space/times available for trial. The justice of the peace will hear your request for a change of date and determine the validity of your request. The justice of the peace may deny your request, in which case the original trial date stands, or the justice of the peace may adjourn your case to a new session. If the case is adjourned, the court clerk will provide you with a reminder slip of the new appearance date set for your trial.

    If you wait longer than 10 days before your scheduled matter, you can have a relative, friend, co-worker or other person show up for you on the scheduled trial date to respectfully request an adjournment. Both the Prosecutor and Justice of the Peace at 70 Centre Avenue will want to know the reasons for adjournment request and they should be provided. Once a new date is offered, the person (or agent) showing up on your behalf should ensure that they write down the new date and time for a trial. Remember to always http://fightyourtickets.ca

  55. Hi Administrator,
    I have a Notice of Trial on 17 of March 2010 10:30 am to be held at 70 Centre Avenue. Coincidentally I have at the same time an appointment in Russian consulate to obtain an important document. I made this appointment in January and it is very difficult to move it to another date – the consulate is overcrowded. The consulate is open 9:30am to 12:30pm. I am humbly asking you to appoint me on ANY other date instead of this 17 of March 10:30. It would help even you just move my time from 10:30 am to 1:30pm or 3:30pm the same date.
    Thank you ahead,
    Best regards.

  56. Hi Lefty is Right: If the charge was laid on September 29, 2009 and another trial date is set for February 22, 2010 then this means that the time that has elapsed between the charge and the trial is less than five (5) months.
    You will not be able to argue that there has been an inordinate delay in the proceedings and that your rights
    under section 11 (b) of the Charter have been breached (the Morin decision provides a “guideline” of 8 to 10 months to have your charges dealt with).

    You do however have an interesting Charter argument under section 7. You have the right to make full answer and defence to any charges laid against you. This can only happen when you have been provided with full disclosure. If you have made requests for disclosure and the Prosecutor has failed to provide you with it, then this is grounds to have the matter “stayed”. The ultimate remedy for the court, when someone has been denied disclosure (and their section 7 rights have been denied), is to have the matter stayed. You should carefully review the following page on this site: http://fightyourtickets.ca/tickets/disclosure/ It should be emphasized that the Justice of the Peace hearing the matter has an obligation to protect your section 7 rights. The fact that you are a layperson should mean that the JP will go out of his or her way to guard your Charter rights under section 7.

    Under the Provincial Offences Act: see http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#s46s2

    Trial on plea of not guilty

    46. (1) Subject to section 6, where the defendant pleads not guilty, the court shall hold the trial.

    Right to defend

    (2) The defendant is entitled to make full answer and defence.

    You have section 46 subsection 2 going in your favour, as well as section 7 of the Charter. Both stand for the proposition that you should not be disadvantaged going into a trial, not knowing the case against you by the Prosecutor. The only way to make full answer and defence is to know the full case against you so that you can prepare your defence. This can only be achieved when you have received full disclosure in advance of the trial. If you have not received this, well in advance of the trial (so that you have an adequate and sufficient amount of time to fully review the notes and evidence against you so you can properly prepare your defence) then the trial cannot proceed. This means an adjournment
    and the real potential of your rights under section 11 (b) being comprimised or that the officer will not attend at the third scheduled trial.

    If you have made several requests for disclosure and have not received the disclosure prior to the trial, make sure that you bring proof of your several attempts to secure disclosure. Without this, the Justice of the Peace will not be very sympathetic or accomodating. Remember to always http://fightyourtickets.ca

  57. Thank you for your response on January 13, 2010 at 5:16 pm. I will type up the stay application tonight but a question on what is a reasonable time to receive a court date. The alleged offense date was Sep 29, 09. The first trial date where I was convicted was Nov 18, 09. Upon re-opening, the matter is now scheduled to be heard Feb 22, 2010. Am I likely to receive a stay on the basis of an “inordinate delay”? On an aside, I will also request a stay based on the fact that I have not yet received disclosure even though the request was faxed and fedexed.

  58. Hi Philip: If you received your tickets in January 2009 and your trial is scheduled in March, 2010 then the City has taken 14 months to bring your three (3) parking tickets to trial. This matter is proceeding to trial and you must immediately request disclosure, see http://fightyourtickets.ca/tickets/disclosure/ . You should be applying for an application for stay of proceeding (place all three tickets in the same application) see http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/

    The City has opened up 70 Centre Avenue in an effort to clear up the backlog and the City has that discretion – see: http://fightyourtickets.ca/70-centre-avenue-toronto-new-ontario-court-of-justice-4871/ .

    You’ll win these tickets, the Parking Enforcement Officer won’t possibly remember this, given that he/she has issued thousands upon thousands of tickets since that date. You can easily establish this by asking him/her how many days a week they work, how many tickets a day they generate on average and multiply the number of days by the number of tickets. You will win them, if you fight them – remember to always http:fightyourtickets.ca

  59. Hi,

    I received three $30 parking tickets January last year and my trial has now been set for March 11. When I filled out my application to dispute the tickets, I read online that the trial will be held at the place I filled out my application. The website still states “Court location:
    All parking infraction trials in Toronto are held at 1530 Markham Road, Toronto. Commencing in January 2009, additional trials will be held at 2700 Eglinton Avenue West, Toronto”.

    On the notice of the trial it states the trial will be held at Ontario Court of Justice 70 Centre Avenue, Toronto. Is there any way I can get this trial changed to the 1530 Markham Road Court? Thanks

  60. Hi merry:
    If you could not show up for your scheduled trial date and did not send an agent (which could be a friend, co-worker or relative) to request an adjournment on you behalf, then the court will have proceeded with your trial in your absence. This means that you will have been found guilty of the alleged offence (known as “convicted in absentia”). In order to re-visit this matter and to seek a new trial date, you will have to make an application for a re-opener.

    In order to understand this, go to http://fightyourtickets.ca/tickets/conviction-notice/ (Conviction Notice) and read the entire page to understand what the process is and what the justice of the peace needs to hear before he/she makes a decision to re-open or not re-open the matter.

    It is within the discretion of the court (normally the discretion of the Justice of the Peace) to either excuse a defendant for not showing up or not excusing it. This process is the process of applying for a Re-Opener. An application for a Re-Opener must take place within 15 days of becoming aware of the fact that you were convicted in absentia.

    The defendant (the person convicted) must show up in person for this to occur. There have been cases where counsel (paralegal’s, agents) have attempted to show up on their client’s behalf and swear out an affidavit in their client’s place. These cases have all been thrown out on appeal.

  61. hi
    i have a court day on january 22 which is today but i won’t be able to make it. could you tell me what will happen if i don’t show up in court and is it possible if i just make the fund?

  62. Hi Lefty is Right: If the city made an error and did not notify you of your trial date, even though you requested a trial by filling out a Form 7 (Notice of Intention to Appear) and you were convicted “in absentia” then that is fault directly attributable to City and the City’s representative – the “prosecutor”. You made a request to re-open your case and the Justice of the Peace granted your request. This means that another trial has been scheduled to deal with the charge you received within the ticket. The fact that this matter has been scheduled for the second time, greatly enhances your chances of having your application for stay of proceeding granted, given the passage of time that has elapsed due to the City’s foul-up. This will serve as an advantage at your second trial – you may want to order a copy of the transcript of the first trial which you could not attend, as you will find out what was said in your absence, about your matter,in your absence.

    You won’t receive a “stay” because the City proceeded to convict you while you were absent for your trial. Re-openings cure this defect and you were granted another trial. The reason that a “stay” will most likely be allowed in your case, is due to the inordinate delay that it took for your matter to go to trial, for the second time. The Supreme Court recognizes that the passage of time can severly prejudice a defendant’s ability to defend himself or herself, given that memory diminishes over time and that it is difficult to defend oneself, when you begin to forget crucial details or when another witness that may assist you forgets or isn’t available to testify on your behalf when the trial commences.

    You must submit an application for stay of proceeding (see: http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/ ). The legislation states that you must submit the application at least 15 days in advance of the scheduled trial (but submit it 20 days in advance to avoid submitting it late). The legislation doesn’t count the first or last day of the period, so you have to add on to the fifteen (15) day period. You will have to contend with the Courts of Justice Act (Ontario Regulation 200) see section 4:

    4. The following apply to the calculation of a period of time prescribed by the Act, section 205.7 or 205.19 of the Highway Traffic Act, these rules or an order of a court:

    1. The time shall be calculated by excluding the first day and including the last day of the period.

    2. Where a period of less than six days is prescribed, a Saturday or holiday shall not be reckoned.

    3. Where the last day of the period of time falls on a Saturday or a holiday, the day next following that is not a Saturday or a holiday shall be deemed to be the last day of the period.
    4. Where the days are expressed to be clear days or where the term “at least” is added, the time shall be calculated by excluding both the first day and the last day of the period

    See: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900200_e.htm

    You will need to attach two important Supreme Court decisions, the first case is Morin which defines the Askov award.

  63. Hi Admin,

    First off thank you for all this wonderful advice. I received a ticket for turning left onto Yonge from Harbour (recently changed from 2 lanes to 1). I’ve already requested disclosure. But can I get the charges stayed based of the fact that even though I requested a trial (stamp on ticket to prove it), the city went ahead and convicted me anyway in absentia. I had to go to the JP and get them to re-open the matter. Has this infringed on my right to a fair trial. Can I argue the conviction has already predjudiced me? Any advice would be appreciated.
    Thank you.

  64. Hi Peter:
    Stick to the script in the Application for Stay of Proceeding template
    and just use “Peter Wong” and that will suffice. There is no need to place the phrase “Son of” of “Agent on behalf of Father”. Remember you are making the Application for Stay and therefore you just have to add your name (“Peter Wong”) and you must be the one who is making the Sworn Statement in the Application for Stay of Proceeding and must sign your name at the end of the Statement.

    I have designed the template for the Application for Stay of Proceeding to
    be as simplistic as possible – to ensure that it is not over complicated or complex.

    With respect to the Commissioner of Oath. The Sworn Statement is provided in such a way that this really isn’t necessary. Just go with the template that is provided in the Application for Stay of Proceeding page and after you have made your statement, sign it and date it. Technically you are right, it should be sworn in front of a commissioner of oath, but you can save yourself some money and just sign it and date it after you have written it.

    I have used this simple approach in all of my Section 11 (b) arguments and have never had a Prosecutor or Justic of the Peace complain about this. This is especially effective when you are just a lay person trying to make a legal argument (the “Charter“).

    If it ever became a real issue in front of the Court, it could simply be cured if you read it into the record and gave evidence that you had actually written it and attested to it on such and such a day and year.

    You are doing great Peter, keep up the good work. Remember to always http://fightyourtickets.ca

  65. thanks for the reply admin. Right now I am putting something like this in the documents “Son ( as agent for father)”.

    As far as the actual swearing in front of the commissioner of oath, who should be doing it? me or my dad?

  66. Hi Peter:

    The vehicle is registered in your dad’s name and therefore, if there is a fine assigned as a result of this
    ticket, your dad will receive the final bill.

    If you were the driver and plan on showing up to the trial as the defendant, then your name would have
    to appear throughout the Application for Stay of Proceeding, including the Notice of Application and
    Sworn Statement.

    Remember to always http://fightyourtickets.ca

  67. Submitted on 2009/11/11 at 11:00am

    Hi admin,

    I have one more question. I am the agent (driver) for my father who is the defendant (car owner) of this parking ticket. I am confused of whose name should appear on the
    1)11B application
    2) declaration letter (the one needed to be notarized)

    My name or my father’s name?

    Hi admin, I got one more question.

    I was driver for this parking ticket, but my dad is the car owner (thus defendant in this case). I am only an agent for his case (as he doesn’t want to go to court). So for

    1) 11B application
    2) declaration

    which of our name should go in there? Mine or my dad’s?

  68. Hi Peter: If you go to the Application for Stay of Proceeding page at http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/ page it will provide instructions with respect to serving the Application for Stay of Proceeding. You cannot send the documents, you must personally serve the documents (or have someone else on your behalf serve them).

    At the end of the serving process you will have acquired the four (4) stamps on the back of your documents, which establishes that you have indeed served the documents.

    In this case you would serve:
    1. The Attorney General of Ontario (at 720 Bay Street – the Scott-McMurtry building)
    2. The Department of Justice located at 130 King Street West – the Exchange Tower on the 34th Floor
    3. 137 Edward Street- 2nd floor (right around the corner from 70 Centre Ave) this is the copy for the Justice of the Peace
    4. Old City Hall – Basement – Prosecutor’s Office (because 70 Centre Ave doesn’t have a Prosecutor’s Office yet) located in Room E 12 – you will find a wicket where you would line up and upon being served you would ask the clerk to stamp your last three books (of the Application for Stay of Proceedings) and you would leave them one and take the last two (with all of the stamps on the back – from #1,2,3,& now 4).

  69. Hi admin,

    Got a question for you. I am been scheduled for a trail in the 70 centre avenue court. According to your post, this court “There are no staff or clerks to request or obtain information from, there is no place to file a notice of motion or even to pay a fine.”
    My court date is a 12 months after the date I received my ticket, so I intend to file a 11B argument.
    Since the “70 Centre Avenue” has no staff, where should I go to swear an affirmation and stamp my docs?

    From what I read online, I need to send the documents (the form and affidavit) to
    1. Attorney General Ontario
    2. Attorney General Canada
    3. City Prosecutor Office
    4. Court office

    So which city Prosecutor office and court office address should I send the documents to?

    thanks a lot for your help

  70. I just spent so much time writing a message and I don’t know if it sent!!

    Hi Stephanie: It was sent and received.

  71. Hi Admin,

    I received a go train offense ticket last Friday. I had already gotten two tickets last year.
    What happened was that I tried to use the ticket vending machine but it was out of order. The machine kept reading “card declined” even before I got a chance to enter my pin. I tried to report it using the 1-888-get-on-go number, when I spoke with the operator. I explained to him that the machine wasn’t working, but he had put me on hold for a while and my train came so I hung up the phone. Of course with my luck, the officers came to check tickets and I explained to him that I didn’t have a ticket because of the machine. I also told him that I tried to report it. He checked if there were any reports but there weren’t (because I hung up the phone). The officer asked if I had been issued any tickets in the past and I told him yes. He checked up on my name he found out that I got two! So he made me out to be a liar even though I didn’t think he was asking me to specify on the number of tickets. I tried to explain to him that I am going to be a student in January and I can’t afford paying off the ticket and that it wasn’t my intention to ride without a ticket. I got one anyway and I was quite frustrated because I had no other means of buying a ticket.
    Since, I had contacted go transit public relations and they said that I still broke the law by entering the train or without a ticket and advised that I should have missed the train or found another way to get home or buy a ticket. But I had requested an e-mail with from a public relations rep saying that the machine was in fact out of order, which I have received for my defense.

    In the past, a similar situation happened when the TVM was vandalized so I couldn’t buy the ticket. The officer said that there was a report on it and that he wouldn’t be issuing me a ticket because it wasn’t my fault.

    Anyway, I would appreciate any advice on whether I should just pay off the ticket, because I am sure that the previous tickets will be used against me… Or should I attempt to fight it? I am lost and frustrated with the system!!!


    Hi Steph: Unfortunately the system that this website uses has recognized your email as “spam” and it is for this reason that I am forced to answer on your email.

    You should definitely fight this, given that this appears to be your main mode of transportation to get to and from work everyday. Tickets generated by the Go Train enforcement officers stay on your record and the court will hear about the priors that you speak of.

    It is important to understand that this type of an offence is referred to as an “absolute liability offence” which means that all the Prosecutor has to establish is that you did it and that is sufficient enough for a conviction. The reasons that you could not purchase a ticket will not assist you in this regard. The fact that you received acknowledgement and confirmation that the machine was “out-of-order” doesn’t mean that your actions were in order.

    I think it is very important that the record states your reasoning for entering the train without a valid ticket. It could well mean the difference between a small fine ($40) and a huge fine ($211.00). It is important to remember that the more convictions on record, the harsher the courts are, with respect to fines.

    I have been in the GO Train court at the Old City Hall and saw over a hundred people there awaiting their fate. In some instances, the Go Train Enforcement Officer did not show and the tickets were withdrawn.

    In other cases, the individuals agreed to plead guilty and were rewarded with a fine of $40 (with the court fee of $5 and the victim fine surcharge of $10) it cost a total of $55 (which represented half of the original ticket of $110 ($85 fine + $5 court fee and a $20 victim fine surcharge).

    I think it is extremely important for anyone who receives a ticket to have their concerns and their story expressed on the record, irrespective of the law.

    In plea bargains, you’ll stand up and plea guilty. Before the Justice of the Peace finishes speaking, he or she will ask you if you have anything else to add and it is at that point when you can inform the court that the TVM wasn’t operational, through no fault of your own and because it was out-of-order and that you tried to use it and could not and your overriding responsibility to get to work took over and you boarded the train without a valid ticket and that you never meant to defraud or cheat the system.

    I have often wondered why GO has been creative enough to place machines in the actual GO TRAINS so that this would never occur.

    Good Luck Stephanie.

    Remember to always http://fightyourtickets.ca

  72. Hi Jag: Yes, I would say that your rights under section 11(b) of the Charter have been violated and the only way to enforce your rights under the Charter and to have the ticket go away is to submit an Application for Stay of Proceedings (at least 15 days prior to the scheduled trial date) to the Ministry of the Attorney General (both Provincially and Federally (Department of Justice) ), the Court where your ticket will be heard and the Court Office in your area (which will provide a copy of the Application to the Justice of the Peace hearing your case). I have provided a template in which you fill out your information and then prepare your Application for Stay of Proceeding. See the following page: http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/ (skip the Ad).

    You must read and understand two Supreme Court decisions:
    Askov and Morin, which speak to our rights under section 11(b) of the Charter and the consequences of having those rights breached (remedy- Stay of Proceeding pursuant to section 24(1) of the Charter).

    Askov: http://www.canlii.org/en/ca/scc/doc/1990/1990canlii45/1990canlii45.html

    Morin: http://www.canlii.org/en/ca/scc/doc/1992/1992canlii89/1992canlii89.html

    The primary purpose of s. 11(b) is the protection of the individual rights of accused. The individual rights which the section seeks to protect are:
    (1) the right to security of the person, (2) the right to liberty, and (3) the right to a fair trial.

    In Askov, where the Supreme Court struggled with this question, the following criteria emerged:

    From the foregoing review it is possible I think to give a brief summary of all the factors which should be taken into account in considering whether the length of the delay of a trial has been unreasonable.

    (i) The Length of the Delay.

    The longer the delay, the more difficult it should be for a court to excuse it. Very lengthy delays may be such that they cannot be justified for any reason.

    (ii) Explanation for the Delay.

    (a) Delays Attributable to the Crown.

    Delays attributable to the action of the Crown or officers of the Crown will weigh in favour of the accused. The cases of Rahey and Smith provide examples of such delays.

    Complex cases which require longer time for preparation, a greater expenditure of resources by Crown officers, and the longer use of institutional facilities will justify delays longer than those acceptable in simple cases.

    (b) Systemic or Institutional Delays.

    Delays occasioned by inadequate resources must weigh against the Crown. Institutional delays should be considered in light of the comparative test referred to earlier. The burden of justifying inadequate resources resulting in systemic delays will always fall upon the Crown. There may be a transitional period to allow for a temporary period of lenient treatment of systemic delay.

    (c) Delays Attributable to the Accused.

    Certain actions of the accused will justify delays. For example, a request for adjournment or delays to retain different counsel.

    There may as well be instances where it can be demonstrated by the Crown that the actions of the accused were undertaken for the purposes of delaying the trial.

    (iii) Waiver.

    If the accused waives his rights by consenting to or concurring in a delay, this must be taken into account. However, for a waiver to be valid it must be informed, unequivocal and freely given. The burden of showing that a waiver should be inferred falls upon the Crown. An example of a waiver or concurrence that could be inferred is the consent by counsel for the accused to a fixed date for trial.

    (iv) Prejudice to the Accused.

    There is a general, and in the case of very long delays an often virtually irrebuttable presumption of prejudice to the accused resulting from the passage of time. Where the Crown can demonstrate that there was no prejudice to the accused flowing from a delay, then such proof may serve to excuse the delay. It is also open to the accused to call evidence to demonstrate actual prejudice to strengthen his position that he has been prejudiced as a result of the delay.

    From the Morin decision, which defines the Askov decision and is considered the leading or seminal case with respect to section 11 (b), which sets out a guideline for a length of time for trial (8-10 months) in addition to this period, the courts allow for an “intake period”, which can be a month or two, depending on how busy that particular area is. That brings the timeline up to a year (12 months) in some busy court jurisdictions. Here is an excerpt from that decision:

    (iv)Prejudice to the Accused.

    There is a general, and in the case of very long delays an often virtually irrebuttable presumption of prejudice to the accused resulting from the passage of time. Where the Crown can demonstrate that there was no prejudice to the accused flowing from a delay, then such proof may serve to excuse the delay. It is also open to the accused to call evidence to demonstrate actual prejudice to strengthen his position that he has been prejudiced as a result of the delay.

    I believe that the factors that I have set out in large measure are substantially the same as those enunciated by L’Heureux-Dubé J. in Conway and Sopinka J. in Smith. The aim of this test is to provide a method based upon the underlying purposes of s. 11(b) which will permit courts to balance the applicable substantive factors in a consistent manner. It bears repeating that the balance between the explicit, individual protection and the implicit, societal aspect of s. 11(b) is addressed by placing the onus on the Crown to demonstrate that any action of the accused deliberately caused the delay or constituted waiver, or that the delay caused no prejudice to the accused. [Emphasis added.]

    Although the guideline speaks to 8-10 months, courts will add the “intake period” and this provides another month or two is busy area’s. In the case that you describe it is 13 months, which is sufficient on the face. In fact, the Justice of the Peace confirmed this indirectly, by granting the adjournment to allow you to file the Application for Stay of Proceedings.

    Remember to always http://fightyourtickets.ca

  73. Hi, I received a $30 parking ticket October last year and my trial has now been set for Oct. 27. Isn’t this too late for a trial and shouldn’t it be thrown out due to me not receiving a timely trial?

  74. Hi Shane: You haven’t provided much information to go on, but it would be a courthouse in your area, see: http://fightyourtickets.ca/tickets/ontario-courts/ and you will probably find the address you are looking for.

    Remember it would be the courthouse where the matter took place, not where you reside, unless the two are the same. I don’t have any info on the insurance lobby, but it would be terrific if you could provide some. Remember to always http://fightyourtickets.ca

  75. I have received a notice of trial from this address for speeding, do you by change have an update of where to send my request for disclosure.

    PS Your website is incredibly informative. I read somewhere that the insurance lobby in ontario is the biggest backer / financial backer for radar traps. Do you folks have any additional info on that ?

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