NOTICE TO SUSPENDED DRIVERS
COURT CLERICAL ERRORS
A number of clients have had their driving license suspended by the Registrar of Motor Vehicles for allegedly not paying a fine or fines. The Convictions were registered with the Ontario Court of Justice, Provincial Offences Court and the Order to suspend was sent by the City of Toronto Court Services.
In all cases the fines had as a fact been paid long before the Order for license suspension was sent to the Registrar. Clients are being suspended after having paid the fines years prior. On the most recent case, a client had paid the fine in November of 2009. His appeal date was in May 2010. He was suspended in April 2010 for not paying the fine. My Office contacted the area Court responsible for the error, the supervisor for that Court and finally the Manager.
Supporting documents including the proof of payment was provided. The appeal date past and his license is still under suspension. In another case the client was stopped one year after she paid the fine. Her car was towed and she was charged with driving while license suspended. Several weeks later, the Court administration corrected the error. Please note that under a Municipal Transfer Agreement, the City of Toronto Court has Protection from personal liability.PROVINCIAL OFFENCES ACT,R.S.O. 1990,c.P.33
Municipality not Crown agent
169. A municipality that acts under a transfer agreement does not do so as the agent of the Crown in right of Ontario or of the Attorney General.
1998,c.4,s.1(2);2002,c.17,Sched.C.s.23(12).
Protection from Personal liability
170.(1) No proceeding shall be commenced against any person for an act done in good faith in the performance or intended performance of a function under a transfer agreement or for an alleged neglect or default in the performance in good faith of such a function.
1998,c.4,s.1(2);2002,c.17,Sched.C.s.23(13)
Municipality not relieved of liability
(2) Subsection (1) does not relieve a municipality of liability in respect of a tort committed by a person referred to in subsection (1) to which the municipality would otherwise be subject.
1998,c.4,s.1(2).CLIENTS ADVISED TO CONTACT THE LAW SOCIETY OF UPPER CANADA
LAWYER REFERRAL SERVICEI regret that my Office is unable to provide civil litigation services to those client who have suffered economic loses due to such errors. This is a special area of law and clients are advised to contact the Law Society of Upper Canada at (416) 947-3300. The Society will refer you to a lawyer that specializes in legal civil action against a municipal or other government body. My Office will be pleased to provide copies of all court supporting documents and my Office communications with Court Staff.COURT CONTACTS AND DETAILS www.toronto.ca/court_services/index.htm The City of Toronto has a full service menu under the City of Toronto Web Page. You may submit your complaint by way of email. This system will take several days. Below is the contact page for the City of Toronto Court Services. It is strongly recommended that you retain copies of any documents sent and received by Court Services.
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IMPORTANT NOTICE TO CLIENTS AND POTENTIAL CLIENTS
RULES OF PROFESSIONAL CONDUCT
I take this opportunity to advise clients that I have experienced incidents where client's or prospect clients seeking my services are being directed to another paralegal or paralegals. The first incidents were brought to my attention in the month of January 2009. At that time, the customers were attending my old Office location at 3205 Dufferin Street where I was operating as Traffic Tickets Place Inc, until May of 2008. The sign was never removed by the Landlord, although new tenants had leased the premises. Person's entering that location found that it was a "coffee type" setting. When the clients asked for me they were advised that I was not in business and handed out business cards for another paralegal. The persons handing out the business cards were tow truck drivers. The sign is now removed.
A more recent and disturbing incident occurred at my Office at 1287 St Clair Avenue West. During the end of March 2009, a client had attended my Office, which was closed while I was at Court. A male person approached the client and advised him that I was in fact working at another paralegal agency. The client was directed to that other agency. The paralegal at that agency misinformed the client as to my employment status and further asserted that my Office was closed. This paralegal took a deposit on the client's account. Later the client made contact with me and provided me with documents he signed with the other paralegal. The matter is now being forwarded to the Law Society of Upper Canada.
Please note that all lawyers and paralegal must be licensed by the Law Society of Upper Canada. The law requires that when a client is looking for a particular lawyer or paralegal, that client must be informed of that persons whereabouts. The Law Society of Upper Canada maintains a database of all lawyers and paralegal which is free to access. If you or anyone you know experienced similar incidents, it is requested that you email me directly from this site. The information will be forwarded to the Law Society of Upper Canada.
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CLIENT NOTICE BOARD
COURT DELAYS
Toronto Area Courts are still experiencing long delays to trial.
The delays are for the prosecution of Traffic Tickets.
The Part III – Traffic Summons period to trial is several months from the date that the matter was set for trial at the set date hearing.
The appeal process for the hearing of the Appeal is delayed due to
the production of trial transcripts.
FILING DEADLINES LAPSED – COURT COMPUERS DOWN
During the first two weeks of October, the province wide ICON Inquiry Court Subsystem was down. The system is now operating. As a result, appeals or motions could not be filed with the Clerk of the Court, Ontario Court of Justice. In the case of appeal filing, you will be contacted shortly by Carter’s Office to schedule the signing and commission of legal application documents. On completion of the application process, a hearing will be set before the Ontario Court of Justice, Provincial Offences Appeals Court, for an Order to provide relief and legal remedy.
NOTICE OF TRIALS – NOTCE BY COURT TO YOU –CURRENT ADDRESS
Please note, that the Court will mail the trial notice to you in accordance with the Provincial Offences Act. You must contact Carter upon receipt of that document. Legal representatives are not notified under this provision of the law. As both the person charged and the prosecution must be informed directly. You must notify Carter as soon as you have an address change during the legal process registered with the Court. Failure to do so could cause a conviction in error.
| CONVICTIONS ENTERED IN ERROR
As each client is aware, once a Notice of Intention to Appear (trial request option) is filed with the Clerk of the Court, that Court will set the matter for a hearing and notify you by way of mail. In some cases, after the trial request was filed with the Clerk of the Court, the client was convicted on a "deemed not to dispute" basis. To correct the problem, the case must be re-opened by the area court. The Justice will examine your supporting documents including affidavit of service and proof of filing with Court Services. The case is re-opened when the Justice strikes out the conviction and Orders a new trial date on the matter. The re-opening process can take several hours to complete but is a necessary measure to correct the error and have the matter placed back for a trial hearing. Clerical errors are common and attributed to high volume work loads.
| REMINDER-BE CALM WHEN DEALING WITH COURT STAFF
It is recommended that you keep your anger in check when dealing with Court Staff. It is understandable that you may be very angry when your license is suspended in error or a conviction was entered after you requested a trial. The staff will attempt to address your complaint or direct you to the right department. It is unfortunate that you spent several hours to attempt to resolve an error. Counter staff have limited authority and you should direct your inquiry with a supervisor. Incidents of verbal abuse, insults,swearing and yelling are not tolerated by Court Staff. You may be removed from the facility or arrested for such behavior. I would also recommend that you contact the Director for City of Toronto Court Services and request a written explanation for the error that occurred. Remember "stay calm".
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