Q: Help needed regarding application for section 11B in Ontario, Canada
Help needed regarding application for section 11B in Ontario. I have been given by 'paralegals' different answers and it's hard for me to believe why this is the case. I would like to know when the clock starts ticking for purposes of 11B. We were pulled over by a police officer and let go shortly thereafter last April of 2023 in Ontario. However, about a month ago September 5 I received a summons in person indicating I had been charged with driving with no insurance and that I must appear in court on October 30th. The question is when does the clock start ticking for purposes of the 11(b): 1. When the vehicle was stopped by the police officer 2. When the police officer created the ticket, dated it and signed it 3. When the police officer entered the ticket into the court system 4. When I received the summons in person 5. Upon appearing in court at the end of this month Even after searching online and looking at case law, I cannot find a definite answer to this question.
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A:
The timing for when the clock starts for Section 11(b) in Ontario typically begins when the charge is formally laid. In your case, this would be when the police officer created, dated, and signed the ticket. This moment marks the official start of the legal process related to your charge.
Receiving the summons on September 5 means that the court process has been initiated based on that earlier action. The initial stop by the police in April, especially if no charge was laid at that time, usually doesn’t start the limitation period. Similarly, the act of the ticket being entered into the court system or your upcoming court appearance are steps that occur after the clock has already started.
It's important to keep track of all dates and documents related to your case. If there's any confusion or further questions, consulting with a legal professional can provide clarity tailored to your specific situation.
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