R . v . Potts ( 1982 ), 66 C . C . C . ( 2nd ) 219 ( Ont . C . A .) The Justice of the Peace was able to take judicial notice , without any proof , that a “ driveway ” within a National Capital Region was so notorious and generally accepted by members of the community .
As such when the crowns witness described the vehicle as a “ 2015 white Mack commercial motor vehicle ,” there should be no doubt and the exact words “ as defined under the HTA ” are not necessary .
This reasoning also relates to when the crown witness testified , he observed the vehicle travelling through the intersection of Government Road and Riverside Drive in the town of Kapuskasing , in the district of Cochrane . Government Road is a main highway used to travel within the community and would be so notorious and generally accepted by the general public and would meet the definition of “ highway ” as defined by the HTA and the exact words “ as defined under the HTA ” are not necessary .
R . v . Drmic , 2023 ONCJ 217
11b Application – granted – stay entered
Offence date July 11 , 2021 . Information was sworn remotely on 05 November 2021 . The matter was set for trial on November , 21 , 2022 , 11b heard on March 22 , 2023 , presiding justice noted a deficiency in service , and the matter was put over to May 5 , 2023 .
Net delay appears to be just shy of 21 mos . The prosecution argued some time should be allotted for post-COVID impacts on the courts . The court was not prepared to allow an additional 90 days beyond the ceiling for such delay and stayed the charge .
There was a lack of evidence regarding how and when the defendant was served . The s . 24 summons was not served , and a s . 54 summons was issued after the matter came before the Court on the return date of the s . 24 summons . The defendant eventually appeared on the return date of the s . 54 summons .
“ I also note that the hearing of the motion consumed almost two hours of court time . Given that the matter was scheduled for a two hour trial , one wonders whether court time might better have been utilized to hear the trial and not the motion . There was no information made available regarding efforts to consider this , or whether there were reasons for being unable to do so , such as unavailability of counsel or witnesses .”
Amendments to the Fire Protection and Prevention Act , 1997
On June 8 , 2023 , the Ontario government ’ s Strengthening Safety and Modernizing Justice Act , 2023 received Royal Assent , introducing amendments to the Fire Protection and Prevention Act , 1997 ( FPPA ) regarding Deputy Fire Marshals , Fire Safety Commission operations and cost recovery .
S . 8 allows for the appointment of more than one Deputy Fire Marshal .
S . 26 has been amended to provide the Fire Safety Commission ( FSC ) with the authority to extend the time to appeal an order beyond the 30-day period if the FSC is satisfied that there are reasonable grounds for an extension .
S . 36 ( 3 )( b ) has been amended to allow the FSC to consider how costs appealed by a property owner may relate to fire department actions taken to immediately close lands or premises under the provisions of section 21 ( 2 )( b ).
S . 38 ( 1 ) and 39 ( 1 ) have been amended to further support recovery of costs incurred by municipalities or the province for actions taken to immediately close lands or premises under the provisions of section 21 ( 2 )( b ).
S . 58 ( 4 ) has been amended to allow for proceedings before the FSC to be heard and determined by a panel consisting of one or more members of the Commission .
Your Legislation Committee Ruarri & Sylvia
6 mleoa . ca