Toronto East Court appears to be breaking the law

**cbranje** · 10-07-2011, 07:24 AM

So I was convicted recently of a red light violation without receiving proper notice of trial. I plan to reopen it for trial.

I emailed the Markham court house and asked them to reopen it. I get this email back from the court.

"To request a reopening you have to attend at the Toronto East Court, 1530 Markham Road, Scarborough, Mon. - Friday 8:30 a.m to 11:00 a.m. (except holidays)"

Wow I said, that's pretty tight, what about people who have full time jobs, how do they access justice?

"The time for reopening is 8:30 a.m. to 1:00 p.m.

However, because of the long lines at the general office to see a counter staff and then the long lines at the Justice of the Peace office. It is best to be in the office by 11:00 a.m. "

Ah so instead of 2 hours, we get 4.5, awesome.

I asked if there were other time slots because this clearly won't work for me. She told me there is no other time slot. Next I ask why this can't be taken care of through fax or mail. I'm handed off to a manager of some kind.

"I am sorry this is not easy for you. A request for a reopening does require an appearance before a Justice of the Peace at the court location where the trial was to have been held. The available hours are dictated by Justice of the Peace availability who are appointments by the Province and not the City.

Unfortunately at this time I have no option to offer you. We are hoping that with proposed changes in legislation this situation will be relaxed in the future, but currently we have to observe the current legislation."

So I kindly asked Terry to direct me to the specific law that stated I need to see a JP in person, and so I was sent this.

"It is covered in section 11.(1) of the Provincial Offences Act. It states:

"If a person who has been convicted without a hearing attends at the court office DURING REGULAR BUSINESS HOUR within 15 days of becoming aware of the conviction and appears before a justice requesting that the conviction be struck out, the justice shall strike out the conviction if he or she is satisfied by affidavit of the defendant, that through no fault of the defendant, the defendant was unable to appear for a hearing or a notice or document relating to the offence was not delivered.""

Notice the reference to regular business hours. Since when is 8:30-1:00pm "regular business hours".

Also this law seems to give an option for remedy rather than specifically spelling out what has to be done. It certainly doesn't rule out interaction through mail or fax.

Thoughts?

**Rob MacLennan** · 10-07-2011, 07:42 AM

I suggest that you ask the Attorney General your question.

**turbodish** · 10-07-2011, 07:43 AM

There is no legal definition of "regular" business hours. Regular business hours doesn't necessarily refer to what YOU think should be regular hours for business. It is whatever hours that a given business or office has chosen to set aside in order to provide a given set of services.

**cbranje** · 10-07-2011, 11:22 AM

Email sent to attorney general....

What exact is the mandate of the attorney general?

**lucky2** · 10-07-2011, 12:23 PM

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**Rob MacLennan** · 10-07-2011, 01:24 PM

Originally Posted by cbranje

Email sent to attorney general....

What exact is the mandate of the attorney general?

You mean that you didn't bother to read that while you were on the AGO site, getting the email address?

http://www.attorneygeneral.jus.gov.o.../ag/agrole.asp

**OpenGambit** · 10-08-2011, 12:47 AM

It doesn't look like they are breaking the law, nor does the legislation seem to imply an option. In fact, the legislation clearly only provides one avenue of relief.

**bombshelter13** · 10-13-2011, 12:43 AM

Doesn't sound like they're breaking the law to me - the law just says that certain things occur (conviction struck) if you see a justice of the peace at the courthouse during business hours within the 15 day window. It doesn't say if you go during business hours a justice of the peace WILL be there to do this for you - it says that if you go during business hours AND you see a justice of the peace (IF one is there, which may not be the case), they can (not MUST) do this for you.

**Metastable** · 10-13-2011, 09:39 AM

Dunno guys. Regular business hours are the hours the business is open. If that business is open from 10 - 1, then that makes sense. If the business is open until 4:30 pm, then in my opinion it doesn't. Regular business hours does not mean some arbitrary time during regular hours of operation. If that is the case it should read something like "can be done during hours specified by the given location."

I think it is pretty black and white to me. If the place is open until 4:30, then she should be able to go up until that time.

**Rob MacLennan** · 10-13-2011, 09:41 AM

Apparently the "appeal business" isn't.

**bombshelter13** · 10-13-2011, 10:10 AM

Originally Posted by Metastable

If the place is open until 4:30, then she should be able to go up until that time.

Sure, if a justice of the peace is present to assist you at that time, then any time during business hours is fine. Nothing in the law requires one to actually be present at the location to assist you, though.

Law says if these two things happen:
- You go to a court office during business hours.
- You see a justice of the peace there.

... that this one thing can happen:
- Justice of the peace may strike your conviction.

It DOESN'T say that if this one thing happens:
- You go to a court office during business hours.

... that this other thing will happen:
- A justice of the peace will be there and available to strike your conviction.

You have to both A) go there during business hours and B) see a justice of the peace there. Just because you do A doesn't mean they have to assist you with B, nothing in the law requires that.