I am still trying to figure out if the Justice of the Peace that I had when my trial was adjourned will be the same Justice when I go back on June 26. If that is the case, I will have to just plead guilty to a lesser fine (if at all possible at this point).
Make sure you submit your disclosure request immediately, and then fax your Form 4F for a Stay Application by next Monday so that you fulfill the 15 day requirement (not including the day it is sent, and the date of your trial).
Also ensure that you go back to the Court house and provide them with a copy of your Form 4F and the fax receipts to the Attorneys General of Canada, Ontario and the Prosecutor's Office.
villaseea wrote: ↑Jun 4th, 2014 4:03 pmHi MadCow,
For what it's worth, I appreciate the posts you've been making on this thread as it helped me prepare for my trial today.
My situation is similar to what you've described
- I received disclosure items the day of the trial;
- The supplied information looked incomplete, specifically: certificate of Parking Infraction (not really sure what this looks like as they only provided a photocopy of the Parking Infraction Notice) & evidence of ownership;
- My request for a stay based on incomplete disclosure was not entertained, as the court felt it was 'just a parking ticket';
- I was granted an adjournment to June 25th.
My argument was based on the fact that I never received the ticket as I only responded to the notice of impending conviction, so I think the above missing disclosure items is consistent with that argument.
I think my chances of getting a stay is low - both the court & the officer did not seem to think what I requested was necessary but I've been given some more time now.
So my plan is to submit the disclosure request again for the missing items and depending on what I receive, ask for a stay again.
I was caught off guard when they asked what date I would like to adjourn the trial to, since I thought I was going to go back in the system again and potentially argue for a Section 11 unreasonable delay. The chances the officer will show up is high since the prosecutor basically confirmed the dates with him on the spot...