Any recent success making 11(b) unreasonable time argument | GTAMotorcycle.com

Any recent success making 11(b) unreasonable time argument

J

Johnsonn

Member
Hi all,

Searched this forum but not locating any 11(b) threads.

Has anyone had any recent success having their case stayed or are the courts still using covid as an excuse?


Just an update:

I've contacted a paralegal to do my 11(b) application. He says that all 11(b) he has seen failed because apparently courts are still using covid backlog as an excuse. Also said that if 11(b) we can't do a plea deal and I am aware of this but in my case doesn't make any sense whatsoever anyways. Is this just a crappy paralegal I got (AB Consulting) or is there any truth to this?

Not sure if this is against forum rules but if not, could someone recommend a reliable paralegal in the GTA for Toronto downtown court?
 
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What timeframe are you using? My understanding is you have a good chance at 18 months (assuming none is attributed to you) but less than that will fail.
 
GreyGhost said:
What timeframe are you using? My understanding is you have a good chance at 18 months (assuming none is attributed to you) but less than that will fail.
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So, first 16 months but then next scheduled date is plus 3 months because the disclosure wasn't complete.

I understand that 18 months was always the norm but I have no idea how covid was used to extend that and how it can affect my case with offence in September 202.
 
Johnsonn said:
So, first 16 months but then next scheduled date is plus 3 months because the disclosure wasn't complete.

I understand that 18 months was always the norm but I have no idea how covid was used to extend that and how it can affect my case with offence in September 202.
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Did the JP say anything when they gave the extra three months? Long ago, I had a similar situation and the JP said something in latin while adjourning. I had to look it up later and it basically translated to this delay was my fault and no further adjournments would be granted. That was crap as the prosecution had provided no disclosure even though the request had been properly filed. I think the JP was ****** as prosecution offered to hand me disclosure in front of the JP so the case could proceed and I said no way as I needed time to review properly. Cop didn't show up to the next date so no need for 11b for me.
 
Delays from "covid" will work in your favour and against the crown.
The courts have asked all involved for patience, and accommodation.
R V Jordan is still in effect.
If you want to waive your right to a "speedy" trial cuz the court system is overwhelmed by covid... just don't make an 11b motion.
 
... or do you want to argue YOU didn't have time to build a defense in 18 months because of covid?
Good luck with that.
 
GreyGhost said:
Did the JP say anything when they gave the extra three months? Long ago, I had a similar situation and the JP said something in latin while adjourning. I had to look it up later and it basically translated to this delay was my fault and no further adjournments would be granted. That was crap as the prosecution had provided no disclosure even though the request had been properly filed. I think the JP was ****** as prosecution offered to hand me disclosure in front of the JP so the case could proceed and I said no way as I needed time to review properly. Cop didn't show up to the next date so no need for 11b for me.
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No, just scheduled a new date.
 
bitzz said:
Delays from "covid" will work in your favour and against the crown.
The courts have asked all involved for patience, and accommodation.
R V Jordan is still in effect.
If you want to waive your right to a "speedy" trial cuz the court system is overwhelmed by covid... just don't make an 11b motion.
Click to expand...
No exactly. Covid was considered an exceptional circumstance and that's part of Jordan. So, all I'd like to know is whether the Crown are still making some kind of excuses in reference to covid backlog.
 
Johnsonn said:
No exactly. Covid was considered an exceptional circumstance and that's part of Jordan. So, all I'd like to know is whether the Crown are still making some kind of excuses in reference to covid backlog.
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They may be but it's not working. Lots of 11b at 18 months recently.
 
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