The 2018 Annotated Ontario Provincial Offences Act offers everything a practitioner needs to confidently handle proceedings under the Ontario Provincial Offences Act.
The 2018 Annotated Ontario Provincial Offences Act offers a gold mine of up-to-date information not available anywhere else – everything a practitioner needs to confidently handle proceedings under the Ontario Provincial Offences Act from beginning to end.
New in this edition
This annual publication incorporates all the legislative and case law developments that have occurred since the publication of the previous edition.
- Provincial Offences Act has been amended by the Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 and by the Stronger, Fairer Ontario Act (Budget Measures) 2017 (Bill 177)
- Red Light Camera System Evidence, O. Reg. 277/99 amended by O. Reg. 373/17
Case law updates:
- York (Regional Municipality) v. Tomovski, 2018 ONCA 57 – Provincial court appeal judge held that a shorter presumptive delay ceiling applied for Part I POA proceedings. The proposed appeal by the Municipality sought an advisory opinion of the Court of Appeal that was detached from the underlying facts.
- R. v. Boukaras, 2017 ONCJ 608 – The justice of the peace committed reversible legal error in dismissing the charge because the officer had no independent recollection of the events that brought the defendant to court.
- R. v. Balanzin, 2017 ONCJ 88 – The court is entitled to ask focused questions of either party to obtain the benefit of their submissions on particular issues.
- Oshawa (City) v. 536813 Ontario Ltd., 2017 ONCJ 83 – The trial justice erred by ordering costs in the amount of $111,000.00 against the prosecution. The evidentiary record did not support a finding that the conduct of the prosecutors constituted “a marked and unacceptable departure from the reasonable standards expected of the prosecution.”
- R. v. Madussi, 2016 ONCJ 309 – The court must ensure that the defendant understands the consequences of the “amendment up” of the amount of the applicable fine and is given a reasonable opportunity to make submissions as to why the amendment should not be granted. Fairness dictated that the unrepresented defendant be given a fair opportunity to respond to the request for enhanced penalty.
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