Product Details
L7798-9039BE
Book + eBook
Annual volumes supplied on standing order subscription 2 supplements per year $35- $40 per supplement
Approximately 1400 pages
1 volume bound
softcover
2019-07-24
Carswell

Can We Help?

If you need assistance, please call us at (416) 609-3800 (Toronto & international) / 1-800-387-5164 (toll free Canada & US).

We will be glad to assist you.

The 2019 Annotated Ontario Provincial Offences Act (Print + ProView)
Availability: In Stock
$197.00
Description

The 2019 Annotated Ontario Provincial Offences Act offers everything a practitioner needs to confidently handle proceedings under the Ontario Provincial Offences Act.

The 2019 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

Legislative Updates:

  • Proceedings Commenced by Certificate of Offence R.R.O. 1990, Reg. 950 – amended by O. Regs. 443/18, 464/18; 476/18; and 503/18

Case Law Updates:

  • Weisdorf v. The City of Toronto (Ont. S.C.) – The court held the administrative penalty system for certain municipal parking offences, rather than prosecution under Provincial Offences Act, not to have violated ss. 7 or 11 of the Charter, since by-law infractions generally do not warrant penal consequences.  Further, the court found no arbitrary or unfair conduct or exercise of power serving some private purpose at the expense of the public interest.
  • R v. Dennis (Ont. C.A.) – The appellate court vacated a costs award ordered against the counsel who had failed to give advance notice to the prosecutor of defence’s request for an adjournment – the exercise of the judge’s discretion was unreasonable and did not meet the threshold for an award of costs against counsel personally.
  • R v. Kooner (B.C. Prov. Ct.) – The court found an account of every keystroke by individuals involved in the investigation need not have been disclosed to the defendant, in order to make full answer and defence to the charge of driving while prohibited.  The court however held the defendant to be entitled to all broadcast communications relevant to the investigation and stop of the vehicle, including communications from dispatch to any of the officers, and all communications between the officers themselves.
  • Ontario (Environment, Conservation and Parks) v. Henry of Pelham Inc. (Ont. C.A.) –  The court  summarized the guiding principles of relief against minimum fine provision under s. 59(2): (1) The minimum fines establish floors that apply regardless of ordinary sentencing principles; (2) Section 59(2) authorizes trial judges to provide relief from minimum fines in exceptional circumstances; (3) Section 59(2) applies exceptionally; (4) Undue oppressiveness of the minimum fine will depend on consideration of personal hardship; (5) The alignment of the minimum fine with the interests of justice mandates consideration of the community protected by relevant legislation; and (6) Discretion under s.59(2) cannot be exercised arbitrarily.
  • York (Regional Municipality) v. McGuigan (Ont. C.A.) –The appellate court held the trial justice to have ordered properly the disclosure of the user manual’s testing and operating procedures respecting the device used to measure the defendant’s speed. Where the prosecutor relies on a speed measuring device, it must comply with a request to disclose testing and operating procedures. The defendant need not bring an application for a court order to obtain this disclosure, since it constitutes a first-party, rather than a third-party, disclosure.

The ProView eBook version is available through your web browser, or can be downloaded to your computer, tablet, or smartphone. See all available titles

 

About the Author

Murray Segal practises as independent legal counsel, consultant, and mediator. Mr. Segal is the former Deputy Attorney General and former Chief Prosecutor of Ontario. He has prosecuted some of the most significant and challenging cases in the country, including Canada's largest white collar crime case. He is comfortable at every level of court and has appeared before the Supreme Court of Canada on many occasions, arguing complex constitutional and other matters. Today, drawing on his extensive legal and executive experience, he advises and represents clients in both the public and private sectors. As a criminal law authority he has national stature, having written and lectured extensively across Canada.

Mr. Justice Rick Libman, Ph.D., was appointed to the Ontario Court of Justice in November, 1996. He is Chair of the Rule Committee of the Ontario Court of Justice. Justice Libman is the Associate Editor of Motor Vehicle Reports and co-author of Annotated Ontario Provincial Offences Act, Handling Provincial Offence Cases in Ontario, the Annotated Contraventions Act, and the regulatory offences newsletter RegQuest. He is also the Director, Osgoode Hall Law School Certificate on Summary Conviction Offences.