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AFFIDAVIT

 

 

 

COURT OF APPEAL FOR
ONTARIO

 

 

BETWEEN:

 

 

 

 

WAYNE FERRON   APPELLANT/INFORMANT

 

-and-

HER-MAJESTY
THE QUEEN              RESPONDENT

 

 

AFFIDAVIT of Wayne  FERRON

(PRIVATE
PROSECUTOR)

 

 

 

I, Wayne FERRON of the City of Toronto, in the Province of
Ontario, MAKE OATH AND SAY:

 

 

 

 

HIGHWAY TRAFFIC ACCIDENT

[1]  articulate to the best of my
ability and reasonable recollection the following OCCURANCE which took place on
the 12^th of July 2014 in the REGIONAL jurisdiction of TORONTO at or about  at 5:00 pm just after the very busy intersection of Dufferin St., and Glencairn
Ave close to the entrance at the
PETRO CANADA gas station at the same location.

Driving a privilege

31.  The purpose of this Part is to protect the public by
ensuring that,

(a) the privilege of driving on a highway is granted to, and retained
by, only those persons who demonstrate that they are likely to drive safely...          1993, c. 40, s. 1

PLEASE SEE EXHIBIT A - the 23 photo graph

 

[2] On July 12^th, 2014 at or about
5:00 pm while traveling north on
Dufferin St., I had a Hiway traffic accident just after the intersection of Dufferin St., and Glencairn Ave in the CITY OF Toronto,
in the Provence of Ontario, close to or at the entrance to the PETRO CANADA gas station.  Mr. Adrian Sanchez forced me from the
highway  with a large Truck (851
3YY) he was in carriage/control of and onto the pavement while I was in
lawful posession of “RIGHT OF WAY” on the same HIGHWAY without
reasonable cause or a lawful excuse.

192.  (1)  The driver of a motor vehicle or street car is liable for loss or
damage sustained by any person by reason of negligence in the operation of the
motor vehicle or street car on a highway. 2005, c. 31, Sched. 10,
s. 2.

PLEASE SEE EXHIBIT A - the 1^st, 2^nd,
3^rd, 4^th, 5^th photo graph

 

[3]  Because the occurrence in question happened
so fast, I don't know if the right backside of Mr. Adrian Sanchez Truck's(851 3YY)
struck my front right wheel, but the left side of my bicycle and it's front
wheel are damaged, in addition to a slightly warped front rim, a flat
front tire, ripped left side of seat, scraped left break/gears mechanism, sprained left wrist, and inflamed left palm at the
location close to my left wrist.

 

[4]  I  tried to
avoid the aforesaid impending collision with 
Mr. Adrian Sanchez Truck (851
3YY) by leaning and turning my bicycle right and away from the truck
in question; but yet I impact the ground on my left side in conjunction
with the left side of my bicycle.

192.  (1)  The driver of a motor vehicle or street car is liable for loss or
damage sustained by any person by reason of negligence in the operation of the
motor vehicle or street car on a highway. 2005, c. 31, Sched. 10,
s. 2.

[5]  I just thank God that I was able to avert
getting run over by Mr. Sanchez back right dual tires, I have
experience the kind of damage done to an animal after being run over by a
vehicle with a spining back tire or rear wheele drive vehicle, how the same
poor beast is skined alive. I had no wish to be such a beast.

Duty to report accident

199.  (1)  Every person in charge of a motor vehicle or street car who
is directly or indirectly involved in an accident shall, if the accident
results in personal injuries or in damage to property apparently exceeding an amount
prescribed by regulation, report the accident forthwith to the nearest police
officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3). R.S.O. 1990, c. H.8, s. 199 (1); 2002, c. 17

 

 

PLEASE SEE EXHIBIT A - the 24^th, 25^th,
26^th , 27^th, 28^th, 29^th , 30^th
photo graph

 

 

Onus of disproving negligence

193.  (1)  When loss or damage is sustained by any person by reason
of a motor vehicle on a highway, the onus of proof that the loss or damage did
not arise through the negligence or improper conduct of the owner, driver,
lessee or operator of the motor vehicle is upon the owner, driver,
lessee or operator of the motor vehicle. 2005, c. 31, Sched. 10,
s. 3.

{...}

RECORDS AND REPORTING OF ACCIDENTS AND CONVICTIONS

Duty to report accident

199.  (1)  Every person in charge of a motor vehicle or street car who
is directly or indirectly involved in an accident shall, if the accident
results in personal injuries or in damage to property apparently exceeding an
amount prescribed by regulation, report the accident forthwith to the
nearest police officer and furnish him or her with the information concerning
the accident as may be required by the officer under subsection (3). R.S.O. 1990, c. H.8, s. 199 (1); 2002, c. 17,
Sched. F, Table

Officer may direct person to report accident at another location

(1.1)  If, on reporting
the accident to the nearest police officer under subsection (1), the person
is directed by the officer to report the accident at a specified location, the
person shall not furnish the officer described in subsection (1) with the
information concerning the accident but shall forthwith attend at the specified
location and report the accident there to a police officer and furnish him or
her with the information concerning the accident as may be required by the officer
under subsection (3). 1997, c. 12, s. 15; 2002, c. 17,
Sched. F, Table.

 

 

Where person unable to
report

(2)  Where the
person is physically incapable of making a report and there is another occupant
of the motor vehicle, the occupant shall make the report. R.S.O. 1990, c. H.8, s. 199 (2).

Duty of police officer

(3)  A police
officer receiving a report of an accident, as required by this section,
shall secure from the person making the report, or by other inquiries where
necessary, the particulars of the accident, the persons involved, the extent of
the personal injuries or property damage, if any, and the other information
that may be necessary to complete a written report concerning the accident and
shall forward the report to the Registrar within ten days of the accident. R.S.O. 1990, c. H.8, s. 199 (3).

Report of police officer

(4)  The report of a police officer under subsection (3) shall
be in the form that is approved by the Minister. R.S.O. 1990, c. H.8, s. 199 (4).

(4)  The report
of a police officer under subsection (3) shall be in the form that is approved
by the Minister. R.S.O. 1990, c. H.8, s. 199 (4).

 

WITHOLDING
POLICE SERVICES

[6] On August 4^th,
2014  I left work early at or about 4:00 pm to attend the TORONTO
REGIONAL POLICE SERVICE(DIVISION 13)  to do my legal duty by reporting the aforesaid
Hiway Traffic accendent or occurrence on July 12^th, 2014.

[7]   After explaing to the SPECIAL COUNSTABLE(BADGE#
90479) the aforementioned concerning the Hiway Traffic Accident on July 12,
2014; the same peace Officer directed my person to attend an accendent centre
and file an accendent report. I tried to no availe to explaine that an
accendent centre was not the proper place to report my particular accendent.

 

[8]   I read from the information paper I was
given, the same information paper which seemed to demand that the Hiway
accident parties to be motor vechile owners as a precondicision for using the
accendent reporting centre. Another different officer asserted that I must
attend the accendent reporting centre or where SPECIAL COUNSTABLE(BADGE#
90479) instructed me to attend to report my accindent.

 

[9] On August 4^th,
2014  at 4:35 pm I(Wayne
Ferron) call the same ACCENDENT CENTRE(416 745 1600 ). The person who
answered the phone at the ACCENDENT CENTRE(416 745 1600 ) informed my
person in no uncertain terms that only motor vechicIe owners who have insurance
and motor vehicle licence report acccedence to the said centre. I ofcourse had
no such documents, but was a civilian riding a bicycle who was in an accident
or occurance with a large TRUCK, wherein Mr. Sanchez had carriage and
control.

 

[10]   The STAFF SERGENT took the information
paper for the accident centre from my person, and told me I had to wait for the
officers which were on the road to come and take an accident report. I said I
was willing to wait even if it was for a long time. I waited a very time.                                                                                                                                         

 

[11] On August 4^th,
2014  at 4:35 pm  Officer
Green(10235) who informed to my person after I was trying to disclosed to
him the detailes of the July 12^th, 2014 Hiway Tarfic accident  without a proper review of the evidence(photos
on USB key in jpeg) before him or reasonable investigation of the
signed  “VICTIM IMPACT STATEMENT” I brought and left with Officer Green(10235) whom concluded, and boldly
asserted on more than one occassion that there was no accident. Pursuant
to the POLICE SERVICE ACT:

Inducing
misconduct and withholding services

Inducing
misconduct

 

81.  (1)  No person shall,

(a) induce or attempt
to induce a member of a police force to withhold his or her services; or

(b) induce or
attempt to induce a police officer to commit misconduct. 2007, c. 5, s.
10.

 

Withholding
services

 

(2)  No member of a police force shall withhold
his or her services. 2007, c. 5, s. 10.

 

Offence

 

(3)  A person who contravenes subsection (1) or
(2) is guilty of an offence and on conviction is liable to a fine of not
more than $2,000 or to imprisonment for a term of not more than one year, or to
both. 2007, c. 5, s. 10.

 

[12]  In addiction Officer
Green(10235) threaten to dispose of my statement and evidence on a USB
STICK(public evidence) by an unlawful action of trowing them into the
garbage after I insisted on leaving the same legal materials with the same Officer(10235) eventhough there was not going to be a report filed or subsequent investigation.

 

 

Misconduct

 

80.  (1)  A police officer is guilty of misconduct if he or she,

 

(a) commits an
offence described in a prescribed code of conduct;

 

{...}

 

(f)
contravenes section 81 (inducing misconduct, withholding services);

 

(g) contravenes
section 117 (trade union membership);

 

(h) deals with
personal property, other than money or a firearm,
in a manner that is not consistent with section 132;

{...}

(k)
contravenes a regulation made under paragraph 15
(equipment), 16 (use of force), 17 (standards of dress, police
uniforms), 20 (police pursuits) or 21 (records) of subsection 135 (1).
2007, c. 5, s. 10.

 

[13]  The aforesaide seems to be
the state of law enforcement theses days; my life  and wellbeing is put in jeopardy, moreover, I
almost got runover as a result of Mr. Sanchez unlawful act which runs
contrary to the Hiway Traffic Act and the CRIMINAL CODE OF CANADA and all the POLICE SERVICE  can do is
mislead my person  assert that there was
no accident and direct me out of TORONTO POLICE SERVICE DIVISION 13.

 

 

All
of which is respectfully submitted.

August 19, 2014

 

 

        _______________________

Wayne FERRON(Informant)

 

 

 

ONTARIO COURT OF
JUSTICE

 

 

BETWEEN:

 

 

 

 

HER MAJESTY THE QUEEN

 

 

 

 

-and-

 

 

ADRIAN SANCHEZ              RESPONDENT

 

 

 

VICTIM IMPACT STATEMENT

of Wayne 
FERRON

(INFORMANT)

 

 

 

I, Wayne FERRON of the TOWN of SHELBURNE in DUFFERIN COUNTY make
an oath say;

[1]  I articulate to the best of my
ability and reasonable recollection the following OCCURANCE which took place on
the 12^th of July 2014 in the REGIONAL jurisdiction of
TORONTO at or about 5:00 pm at a location just after the very busy intersection of Dufferin St., and Glencairn Ave close to the entrance at the PETRO CANADA gas station at the
same location. Pursuant to the
HIGHWAY TRAFFIC ACT:

Driving a privilege

31.  The purpose of this Part is to protect the public by
ensuring that,

(a) the privilege of driving on a highway is granted to, and retained
by, only those persons who demonstrate that they are likely to drive safely...          1993, c. 40, s. 1

PLEASE SEE EXHIBIT A - the 23 photo graph

 

[2] On July 12^th, 2014 at or about
5:00 pm while traveling north on
Dufferin St., I had a Hiway traffic accident just after the intersection of Dufferin St., and Glencairn Ave in the CITY OF Toronto, in the Provence of Ontario,
close to or at the entrance to the PETRO
CANADA gas station.  Mr. Adrian
Sanchez forced me from the highway, and unto the pavement with a large Truck
(851 3YY) while having carriage/control of the Truck in question, and
while I was in lawful possession of the “RIGHT OF WAY”  on the same Highway without reasonable cause
or a lawful excuse. Pursuant to the HIGHWAY
TRAFFIC ACT:

192.  (1)  The driver of a motor vehicle or street car is liable for loss or
damage sustained by any person by reason of negligence in the operation of the
motor vehicle or street car on a highway. 2005, c. 31, Sched. 10,
s. 2.

PLEASE SEE EXHIBIT A - the 1^st, 2^nd,
3^rd, 4^th, 5^th photo graph

 

[3]  I was
riding (a red SCHWINN 700 RD road bicycle) in the northerly direction on
Dufferin St., while  Mr. Adrian Sanchez was driving in the
northerly direction, but approaching from behind, and on my left hand side of
my person on Dufferin St. in what appears to be a large TRUCK with dual
back tires(TRUCK LICENCE PLATE 851 3YY).

PLEASE SEE EXHIBIT A - the 12^th photo
graph

PLEASE SEE EXHIBIT A - the 6^th and 7^th photo graph

 

[4]  Mr. Adrian Sanchez attempted to make an unlawful, and unsuccessful
right hand turn with his TRUCK(851 3YY) into the PETRO CANADA GAS
STATION or the entrance to the strip mall next to the same gas station,
while I was in lawful possession of the right of way, just after the
intersection at Dufferin St. and Glencairn Ave in the CITY OF TORONTO.

PLEASE SEE EXHIBIT A - the 21^st, 22^nd,
23^rd photo graph

PLEASE SEE EXHIBIT A - the 6^th and 7^th photo graph

 

[5]  Mr. Adrian Sanchez was traveling impatiently
in the northerly direction on the same busy Highway (Dufferin St.), when he all of a sudden
with great hast rapidly came from behind me on my left hand side immediately after the intersection in question, and promptly attempted to make
an unlawful right hand turn with his large TRUCK(851 3YY) into my person within the very short distance(couple of meters) between a busy intersection(Dufferin St./Glencairn Ave)
and the entrance to PETRO CANADA gas
station.

PLEASE SEE EXHIBIT A - the 1^st, 2^nd,
3^rd, 4^th, 5^th photo graph

PLEASE SEE EXHIBIT A - the 6^th and 7^th photo graph

 

[6]     I
reasonable believe and do believe that Mr. Adrian Sanchez hasty action
which placed him on a collision course with my person was a result of him
trying to prematurely turn into the PETRO
CANADA GAS STATION or the entrance to the strip mall next to the same gas
station at or close to TONY'S EXPRESSO BAR with a lack of reasonable
concern for my well being or other members of the public. Pursuant
to the   HIGHWAY TRAFFIC ACT:

Driving a privilege

31.  The purpose of this Part is to protect the public by
ensuring that,

(a) the privilege of driving on a highway is granted to, and retained
by, only those persons who demonstrate that they are likely to drive safely...          1993, c. 40, s. 1

 

[7]  Mr. Adrian Sanchez Truck's(851 3YY)
right backside, and it's dual tires was on a collision course with my person
while I was in lawful possession of the “RIGHT OF WAY,” so I tried my
best to avoid the inevitable collision by varying right, and away from
the Truck's disturbing movement towards my front bicycle wheel. I don't know if
I was in  Mr. Adrian Sanchez Truck's(851 3YY) “BLIND SPOT”.

 

CAUSE OF ACTION

[8]  As a
result of the action of Mr. Adrian
Sanchez  whom had carriage and
control of the TRUCK (851 3YY) in question, and the aforementioned negligent
action without regard for my wellbeing or the public's safety; I was forced
to the pavement at the entrance of the PETRO CANADA GAS STATION, on the
left side of my bicycle with my left arm, and palm breaking my fall while I was
trying to evade Mr. Adrian Sanchez Truck's(851
3YY) unwelcome movement which threaten my personal safety. Pursuant
to the CRIMINAL CODE OF CANADA:

 

Motor Vehicles, Vessels and Aircraft

Dangerous
operation of motor vehicles, vessels and aircraft

 

    249.
(1) Every one commits an offence who operates

 

        (a) a motor vehicle in a manner that
is dangerous to the public, having regard to all the circumstances,
including the nature, condition and use of the place at which the motor
vehicle is being operated and the amount of traffic that at the time is
or might reasonably be expected to be at that place;

{...}

 

    (2)
Every one who commits an offence under subsection (1)

 

        (a) is guilty of an indictable
offence and liable to imprisonment for a term not exceeding five years; or

 

        (b) is guilty of an offence punishable on
summary conviction.

 

    Dangerous operation causing bodily harm

    (3)
Every one who commits an offence under subsection (1) and thereby causes bodily
harm to any other person is guilty of an indictable offence and liable to
imprisonment for a term not exceeding ten years.    R.S., 1985, c. C-46, s. 249; R.S., 1985, c.
27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 57; 1994, c. 44, s. 11.

 

PLEASE SEE EXHIBIT A - the 6^th and 7^th photo graph

PLEASE SEE EXHIBIT A - the 1^st, 2^nd,
3^rd, 4^th, 5^th photo graph

PLEASE SEE EXHIBIT A - the 21^st, 22^nd,
23^rd photo graph

PLEASE SEE EXHIBIT A - the 8^th, 9^th,
10^th , 11^th photo graph

 

[9]  Because the occurrence in question happened
so fast, I don't know if the right backside of Mr. Adrian Sanchez Truck's(851 3YY)
struck my front right wheel, but the left side of my bicycle and it's
front wheel are damaged, in addition to a slightly warped front rim, a flat
front tire, ripped left side of seat, scraped left break/gears mechanism, sprained left wrist, and inflamed left palm at the
location close to my left wrist. Pursuant
to the   CRIMINAL CODE OF CANADA:

Common
nuisance

    180.
(1) Every one who commits a common nuisance and thereby

        (a) endangers the lives, safety or health of
the public, or

        (b) causes physical injury to any
person,

    is guilty of an indictable offence and
liable to imprisonment for a term not exceeding two years.

  

 Definition

    (2) For the purposes of this section, every
one commits a common nuisance who does an unlawful act or fails to discharge
a legal duty and thereby

        (a) endangers the lives, safety, health,
property or comfort of the public; or

        (b) obstructs the public in the
exercise or enjoyment of any right that is common
to all the subjects of Her Majesty in Canada.

    R.S., c. C-34, s. 176.

 

[10]  I tried to avoid the aforesaid impending
collision with Mr. Adrian Sanchez Truck's(851
3YY) by leaning, and turning my bicycle right and away from the
truck in question; but yet I impact the ground or was forced to the ground on
my left side in conjunction with the left side of my bicycle. I
reasonable believe it is also important to note that Dufferin St. in front of
the Petro Canada Gas station's entrance had an elongated deep hole which
presented a clear and present danger to cyclist. Pursuant
to the   HIGHWAY TRAFFIC ACT:

192.  (1)  The driver of a motor vehicle or street car is liable for loss or
damage sustained by any person by reason of negligence in the operation of the
motor vehicle or street car on a highway. 2005, c. 31, Sched. 10,
s. 2.

Pursuant
to the   CRIMINAL CODE OF CANADA:

Motor Vehicles, Vessels and Aircraft

Dangerous
operation of motor vehicles, vessels and aircraft

 

    249.
(1) Every one commits an offence who operates

        (a) a motor vehicle in a manner that
is dangerous to the public, having regard to all the circumstances,
including the nature, condition and use of the place at which the motor vehicle
is being operated and the amount of traffic that at the time is or might
reasonably be expected to be at that place;

{...}

    (2)
Every one who commits an offence under subsection (1)

        (a) is guilty of an
indictable offence and liable to imprisonment for a term not exceeding five
years; or

        (b) is guilty of an offence punishable on summary conviction.

 

    Dangerous operation causing bodily harm

    (3)
Every one who commits an offence under subsection (1) and
thereby causes bodily harm to any other person is guilty of an
indictable offence and liable to imprisonment for a term not exceeding ten
years. R.S., 1985, c. C-46, s. 249; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32
(4th Supp.), s. 57; 1994, c. 44, s. 11.

 

PLEASE SEE EXHIBIT A - the 8^th, 9^th,
10^th , 11^th photo graph

 

[11]  Mr. Adrian Sanchez whom had carriage
and control of the TRUCK's(851 3YY) in question, articulated to my
person on more than one occassion after the accident in the following manner
after disclosing that he was attempting to pick up his mother; “I thought you would break...?” in addition to constantly repeating; “I
am sorry {…} we can come to a gentlemen agreement... we can come to a gentlemen
agreement...?” My response to him was that I had the “RIGHT OF WAY!”

 

[12]    Mr. Sanchez who only seemed to be
concerned with the damaged to my bicycle, and the cost for its repair as oppose
to the damage to my person or the aversion of the possible fatal damage to
my life in addition to Mr. Sanchez asserting the following; “I put
my hand out the window...I blew my horn...”; Mr. Sanchez expected to do all
the proper things for a safe right hand turn in a couple meters(extremely
short distance) while passing or over taking me in fast motion(no
reduction in driving velocity), and make a safe right hand turn while I had
lawful possession of the  “RIGHT OF
WAY.”

 

[13]  I just
thank God that I was able to avert getting run over by Mr. Sanchez
back right dual tires, I have experience the kind of damage done to an
animal after being run over by a vehicle with a spinning back tire or rear wheel
drive, how the same poor beast is skinned alive! I had no wish to be such a
beast.

 

[14]  I did not
respond to Mr. Adrian Sanchez offer
or request because I had not been to the doctor, I did not know the implication
of the accident, I did not know the effect it had on my employment or
on my life or on my quality of life or even the damage to my bicycle? I knew I did not want his life destroyed after the wheels of justice was set in
motion against him.

 

[15]  So I
personally requested of  Mr. Adrian Sanchez an exchange of
information, wherein he disclosed to my person his name and phone number
only, and I disclosed to him my name, my phone number, my place of
employment, and it's address. Pursuant
to the   HIGHWAY TRAFFIC ACT:

Duty of person in charge of vehicle in case of accident

200.  (1)  Where an
accident occurs on a highway, every person in charge of a vehicle or street
car that is directly or indirectly involved in the accident shall,

(a) remain at or immediately return to the scene of the accident;

(b) render all possible assistance; and

(c) upon request, give in writing to anyone sustaining loss or
injury or to any police officer or to any witness his or her name, address,
driver’s licence number and jurisdiction of issuance, motor vehicle liability
insurance policy insurer and policy number, name and address of the registered
owner of the vehicle and the vehicle permit number. R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12,
s. 16.

Penalty

(2)  Every person who contravenes this section is guilty of
an offence...          2009,
c. 5, s. 54.

 

[16]   In
addition, Mr. Adrian Sanchez also parked his TRUCK's(851 3YY) unlawfully
on the sidewalk without hazard lights engaged, in addition to blocking
customers in the parking lot at TONY'S EXPRESSO BAR. There was a person
who drove a white ford pick up truck whom kept yelling at Mr. Adrian
Sanchez, that his TRUCK(851 3YY) was blocking his vehicle which was
unlawfully parked in front of  TONY'S
EXPRESSO BAR in addition to blocking the same business's customers.

PLEASE SEE EXHIBIT A - the 6^th and 7^th photo graph

 

[17] On July 17^th, 2014 at 9:28 pm after I had visit the doctor and
was able to gage the pain/suffering I had to endure, I called(647 981
5353 phone number disclosed to me) 
Mr. Adrian Sanchez; but there was no answer in addition
to their being a female voice for the answering service.

PLEASE SEE EXHIBIT A - the 24^th, 25^th,
26^th , 27^th, 28^th, 29^th , 30^th
photo graph

 

[18] On July 17^th, 2014 at 9:52 pm after I had visit the doctor and
was able to gage the pain/suffering I had to endure, I called(647 981
5353)  Mr. Adrian Sanchez; but
there was no answer.

 

[19] On July 19^th, 2014 at 2:13 pm after I had visit the doctor and
was able to gage the pain/suffering I had to endure, I called(647 981 3122)  Mr.
Adrian Sanchez; but there was no answer, and I left a message that I will
not be continually calling.

 

[20] On July 19^th, 2014 at 2:26 pm after I had visit the doctor and
was able to gage the pain/suffering I had to endure, Mr. Adrian Sanchez and I engaged
in a phone conversation for 6 minutes and 43 seconds (6:43); wherein I
confronted him with the out of court settlement I reasonable believe he was
repetitively requesting;  Mr. Adrian Sanchez responded in no
uncertain terms that he did not have any knowledge of such an agreement by
articulating the following;

        “I
don't recall...!”

 [21] The aforesaid, was with respect to an out of court settlement for the July
12^th, 2014 Hiway traffic accident just after the intersection of Dufferin St., and Glencairn Ave in the CITY OF TORONTO.  Pursuant
to the HIGHWAY TRAFFIC ACT:

Duty to report accident

199.  (1)  Every person in charge of a motor vehicle or street car who
is directly or indirectly involved in an accident shall, if the accident
results in personal injuries or in damage to property apparently exceeding an
amount prescribed by regulation, report the accident forthwith to the nearest
police officer and furnish him or her with the information concerning the
accident as may be required by the officer under subsection (3). R.S.O. 1990, c. H.8, s. 199 (1); 2002, c. 17

PLEASE SEE EXHIBIT A - the 24^th, 25^th,
26^th, 27^th, 28^th, 29^th, 30^th photo
graph

 

Pursuant
to the HIGHWAY TRAFFIC ACT:

Onus of disproving negligence

193.  (1)  When loss or damage is sustained by any person by reason of
a motor vehicle on a highway, the onus of proof that the loss or damage did
not arise through the negligence or improper conduct of the owner, driver,
lessee or operator of the motor vehicle is upon the owner, driver,
lessee or operator of the motor vehicle. 2005, c. 31, Sched. 10,
s. 3.

 

RECORDS AND REPORTING OF ACCIDENTS AND CONVICTIONS

Duty to report accident

199.  (1)  Every person in charge of a motor vehicle or street car who
is directly or indirectly involved in an accident shall, if the accident
results in personal injuries or in damage to property apparently exceeding an
amount prescribed by regulation, report the accident forthwith to the
nearest police officer and furnish him or her with the information concerning
the accident as may be required by the officer under subsection (3). R.S.O. 1990, c. H.8, s. 199 (1); 2002, c. 17,
Sched. F, Table

Officer may direct person to report accident at another location

(1.1)  If, on reporting
the accident to the nearest police officer under subsection (1), the person
is directed by the officer to report the accident at a specified location, the
person shall not furnish the officer described in subsection (1) with the
information concerning the accident but shall forthwith attend at the specified
location and report the accident there to a police officer and furnish him or
her with the information concerning the accident as may be required by the
officer under subsection (3). 1997, c. 12, s. 15; 2002, c. 17,
Sched. F, Table.

Where person unable to
report

(2)  Where the
person is physically incapable of making a report and there is another occupant
of the motor vehicle, the occupant shall make the report. R.S.O. 1990, c. H.8, s. 199 (2).

Duty of police officer

(3)  A police
officer receiving a report of an accident, as required by this section,
shall secure from the person making the report, or by other inquiries where
necessary, the particulars of the accident, the persons involved, the extent
of the personal injuries or property damage, if any, and the other
information that may be necessary to complete a written report concerning the
accident and shall forward the report to the Registrar within ten days of the accident. R.S.O. 1990, c. H.8, s. 199 (3).

Report of police officer

(4)  The report of a police officer under subsection (3) shall
be in the form that is approved by the Minister. R.S.O. 1990, c. H.8, s. 199 (4).

(4)  The report
of a police officer under subsection (3) shall be in the form that is approved
by the Minister. R.S.O. 1990, c. H.8, s. 199 (4).

 

[22] I am relying on the following sections of the CRIMINAL CODE OF CANADA:

Common
nuisance

    180.
(1) Every one who commits a common nuisance and thereby

        (a) endangers the lives, safety or health of
the public, or

        (b) causes physical injury to any
person,

    is guilty of an indictable offence and
liable to imprisonment for a term not exceeding two years.

    Definition

 

    (2) For the purposes of this section, every
one commits a common nuisance who does an unlawful act or fails to discharge
a legal duty and thereby

 

        (a) endangers the lives, safety, health,
property or comfort of the public; or

        (b) obstructs the public in the
exercise or enjoyment of any right that is common
to all the subjects of Her Majesty in Canada.

    R.S., c. C-34, s. 176.

 

   

 

Motor Vehicles, Vessels and Aircraft

Dangerous
operation of motor vehicles, vessels and aircraft

 

    249.
(1) Every one commits an offence who operates

 

        (a) a motor vehicle in a manner that
is dangerous to the public, having regard to all the circumstances,
including the nature, condition and use of the place at which the motor vehicle
is being operated and the amount of traffic that at the time is or might
reasonably be expected to be at that place;

{...}

 

    (2)
Every one who commits an offence under subsection (1)

 

        (a) is guilty of an indictable offence
and liable to imprisonment for a term not exceeding five years; or

 

        (b) is guilty of an offence punishable on
summary conviction.

 

    Dangerous operation causing bodily harm

(3) Every one
who commits an offence under subsection (1) and thereby causes bodily harm to
any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. R.S.,
1985, c. C-46, s. 249; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.),
s. 57; 1994, c. 44, s. 11.

 

 

MISCONDUCT(WITHHOLDING POLICE SERVICES pursuant to S.
80.(1)(b)  & S. 26.7(1)(b)

 

[23] I am relying

 

 

  MISCONDUCT(WITHHOLDING POLICE SERVICES pursuant to
S. 80.(1)(b)  & S. 26.7(1)(b)

 

 

 

[23] I am relying on the following sections of the Police Service Act:

Declaration of
principles

 

Police
services shall be provided throughout Ontario in accordance with the following
principles:

 

1. The need to ensure the safety and security of all persons and property in Ontario.

 

2. The importance of safeguarding the fundamental rights guaranteed by
the Canadian Charter of Rights and Freedoms and the Human Rights Code.

 

3. The need for co-operation between the providers of police services
and the communities they serve.

 

4. The importance of respect for victims of crime and
understanding of their needs.

 

5. The need for sensitivity to the pluralistic, multiracial and
multicultural character of Ontario society.

 

6. The need to ensure that police forces are representative of the
communities they serve. R.S.O. 1990, c. P.15, s. 1.

 

Methods of
providing municipal police services

 

5.  (1)  A municipality’s responsibility to provide
police services shall be discharged in one of the following ways:

 

1. The council
may establish a police force, the members of which shall be appointed by the
board under clause 31 (1) (a).

 

2. The council
may enter into an agreement under section 33 with one or more other councils to
constitute a joint board and the joint board may appoint the members of a
police force under clause 31 (1) (a).

 

3. The council
may enter into an agreement under section 6 with one or more other councils to
amalgamate their police forces.

 

4. The council
may enter into an agreement under section 6.1 with the council of another
municipality to have its police services provided by the board of the other
municipality, on the conditions set out in the agreement, if the municipality
that is to receive the police services is contiguous to the municipality that
is to provide the police services or is contiguous to any other municipality
that receives police services from the same municipality.

 

5. The council
may enter into an agreement under section 10, alone or jointly with one or more
other councils, to have police services provided by the Ontario Provincial
Police.

 

6. With the
Commission’s approval, the council may adopt a different method of providing
police services. 1997, c. 8, s. 4.

 

 

 

 

 

 

 

 

 

 

Investigators

 

26.5  (1)  The Independent Police Review Director may
appoint as investigators such employees in his or her office or other persons
as he or she considers necessary to carry out investigations under Part V or
the regulations, and such appointments shall be in writing. 2007, c. 5, s. 8.

 

Proof of
appointment

 

(2)  An investigator shall, when exercising his or
her powers of investigation under this Act, produce the appointment if
requested to do so. 2007, c. 5, s. 8.

 

Investigation
powers, police premises

 

26.6  (1)  If an investigator believes that to do so is necessary for the
purposes of an investigation under this Act, he or she may, on notice to the
chief of police or detachment commander of a police force, enter and search
the station or detachment of that police force, including any vehicle that
is owned by the police force wherever it may be located, at any reasonable
time. 2007, c. 5, s. 8.

 

Powers on
entry

 

(2)  An investigator conducting an investigation
at a station or detachment of a police force may,

 

(a) require a
person to produce or provide access to any record, thing, data or information
that relates to the investigation;

 

(b) search for,
examine, copy or remove any record, thing, data or information that relates to
the investigation; and

 

(c) use any data
storage, processing or retrieval device or system used at or available to the
premises in order to produce, in readable form, any record, data or information
that relates to the investigation. 2007, c. 5, s. 8.

 

Expert help

 

(3)  The investigator may be accompanied and
assisted by persons who have special, expert or professional knowledge. 2007,
c. 5, s. 8.

 

Obligation to
produce and assist

 

(4)  If the investigator requires that a person
produce or provide access to a record, thing, data or information, the person
shall do so in the manner and within the period specified by the investigator
and shall, if requested to do so, provide any assistance that is reasonably
necessary to permit the investigator to understand the record, thing, data or
information. 2007, c. 5, s. 8.

 

No force

 

(5)  The investigator shall not use force to enter
and search a station or detachment of a police force under this section. 2007,
c. 5, s. 8.

 

Order

 

(6)  A justice of the peace or provincial judge
may, on application by the investigator without notice, issue an order
authorizing an investigator to enter and search premises described in
subsection (1) and to exercise any of the powers set out in subsection (2), (3)
or (4) if the justice of the peace or provincial judge, as the case may be, is
satisfied on information under oath that there are reasonable grounds to
suspect that,

 

(a) the
investigator has been prevented from exercising a right of entry to the
premises under subsection (1) or has been prevented from exercising a power
under subsection (2), (3) or (4); or

 

(b) the
investigator will likely be prevented from exercising a right of entry to the
premises under subsection (1) or will likely be prevented from exercising a
power under subsection (2), (3) or (4). 2007, c. 5, s. 8.

 

Conditions

 

(7)  The order may contain terms and conditions in
addition to those provided for in subsection (6) as the justice of the peace or
provincial judge, as the case may be, considers advisable in the circumstances.
2007, c. 5, s. 8.

 

Expiry of
order

 

(8)  The order is valid for 30 days or for such
shorter period as may be specified in it. 2007, c. 5, s. 8.

 

Further orders

 

(9)  A justice of the peace or provincial judge
may issue further orders under subsection (6). 2007, c. 5, s. 8.

 

Use of force

 

(10)  The investigator named in the order may use
whatever force is necessary to execute the order and may call upon a police
officer for assistance in executing the order. 2007, c. 5, s. 8.

 

Investigation
powers, other premises

 

26.7  (1)  A justice of the peace or a provincial judge
may, on application by an investigator without notice, issue an order in
relation to a place other than one to which section 26.6 applies authorizing
the investigator to enter the place for which the order is issued and exercise
any of the powers set out in the order in relation to a record, thing, data or
information listed in the order if the justice of the peace or provincial
judge, as the case may be, is satisfied by information under oath that,

 

(a) the
investigation relates to the conduct of a police officer;

 

(b) there are reasonable grounds to believe that the conduct
constitutes misconduct as defined in section 80 or unsatisfactory work
performance;

 

(c) there are
reasonable grounds to believe that there is in the place a record, thing, data
or information that relates to the investigation; and

 

(d) it is in the
best interests of the administration of justice to issue the order having
regard to all relevant matters, including the nature of the place sought to be
entered. 2007, c. 5, s. 8.

 

Powers on
entry

 

(2)  The order may, in relation to the
investigation, authorize the investigator to exercise any or all of the powers
set out in subsection 26.6 (2). 2007, c. 5, s. 8.

 

Dwelling

 

(3)  Despite subsection (1), the investigator
shall not exercise the power under an order to enter a place or part of a place
used as a dwelling, unless the justice of the peace or provincial judge is
informed that the order is being sought to authorize entry into a dwelling and
the order authorizes the entry into the dwelling. 2007, c. 5, s. 8.

 

Expert help

 

(4)  The order issued under subsection (1) may
authorize persons who have special, expert or professional knowledge to
accompany and assist the investigator in the execution of the order. 2007, c.
5, s. 8.

 

Conditions

 

(5)  The order may contain terms and conditions in
addition to those provided for in this section as the justice of the peace or
provincial judge, as the case may be, considers advisable in the circumstances.
2007, c. 5, s. 8.

 

Time of
execution

 

(6)  The order shall be executed between 6 a.m.
and 9 p.m., unless the order specifies otherwise 2007, c. 5, s. 8.

 

Expiry of
order

 

(7)  The order is valid for 30 days or for
such shorter period as may be specified in it. 2007, c. 5, s. 8.

 

Further orders

 

(8)  A justice of the peace or provincial judge
may issue further orders under subsection (1). 2007, c. 5, s. 8.

 

Use of force

 

(9)  The investigator named in the order may
use whatever force is necessary to execute the order and may call upon a
police officer for assistance in executing the order. 2007, c. 5, s. 8.

 

Definition

 

(10)  In this section,

 

“place” includes
a building, a receptacle and a vehicle. 2007, c. 5, s. 8.

 

Records or
things removed

 

26.8  (1)  In
removing a record or other thing while acting under
subsection 26.6 (2) or under an order issued under subsection 26.6 (6) or 26.7
(1), an investigator shall give a receipt to the person from whom the
record or thing is removed. 2007, c. 5, s. 8.

 

Detention of
record or thing

 

(2)  A record or other thing removed by an investigator acting under subsection 26.6 (2) or under an
order issued under subsection 26.6 (6) may be detained by him or her.
2007, c. 5, s. 8.

 

Same

 

(3)  The investigator shall return within a
reasonable time a record or other thing detained by him or her under
subsection (2) to the person from whom the record or thing was removed if the
investigator is satisfied that it is no longer necessary to detain the
record or thing for the purposes of the investigation or any proceeding
under this Act arising from the investigation. 2007, c. 5, s. 8.

 

Same

 

(4)  Where an investigator has removed a record
or other thing under an order issued under subsection 26.7 (1), the
investigator, or a person designated by him or her, shall as soon as is
reasonably possible,

 

(a) bring the
record or thing before a justice of the peace or provincial judge; or

 

(b) make a report
of the removal of the record or thing to a justice of the peace or provincial
judge. 2007, c. 5, s. 8.

 

Same

 

(5)  When, under subsection (4), a record or other
thing that has been removed is brought before a justice of the peace or
provincial judge, or a report in respect of it is made to a justice of the
peace or provincial judge, he or she shall,

 

(a) if he or she
is satisfied that the record or thing should be detained for the purposes of an
investigation or proceeding under this Act arising from the investigation, order
that it be detained in the care of the investigator or a person designated
by the investigator, or in the care of a person designated by the Independent
Police Review Director, until the conclusion of the investigation or
proceeding, if any; or

 

(b) in any other
case, order that the record or thing be returned to the person from whom
it was removed. 2007, c. 5, s. 8.

 

Same

 

(6)  On the motion of a person having an interest
in a record or thing detained under subsection (2) or clause (5) (a) and on
notice to the person from whom the record or thing was removed, the
investigator and any other person who has an apparent interest in the record or
thing detained, a justice of the peace or provincial judge may make an order
for the examination, testing, inspection or copying of the record or thing,
and may specify in the order such conditions as are reasonably necessary in the
circumstances. 2007, c. 5, s. 8.

 

Same

 

(7)  On the motion of a person having an interest
in a record or thing detained under subsection (2) or clause (5) (a) and on
notice to the person from whom the record or thing was removed, the
investigator and any other person who has an apparent interest in the record or
thing detained, a justice of the peace or provincial judge may make an order
for the release of the record or thing to the person from whom it was
removed, if it appears that the record or thing is no longer necessary for the
purposes of the investigation or any proceeding under this Act arising from the
investigation. 2007, c. 5, s. 8.

 

Same

 

(8)  Subsection 159 (5) of the Provincial Offences
Act applies, with necessary modifications, to an order made under subsection
(6) or (7). 2007, c. 5, s. 8.

 

Copy
admissible in evidence

 

26.9  A copy of a record or other thing that
purports to be certified by the investigator as being a true copy of the
original is, in the absence of proof to the contrary, admissible in evidence to
the same extent as the original, and has the same evidentiary value. 2007, c.
5, s. 8.

 

 

Misconduct

 

80.  (1)  A police officer is guilty of misconduct if he or she,

 

(a) commits an
offence described in a prescribed code of conduct;

 

(b) contravenes
section 46 (political activity);

 

(c) engages in
an activity that contravenes subsection 49 (1) (secondary activities)
without the permission of his or her chief of police or, in the case of a
municipal chief of police, without the permission of the board, being aware
that the activity may contravene that subsection;

 

(d) contravenes
subsection 55 (5) (resignation during emergency);

 

(e) commits an
offence described in subsection 79 (1) or (2) (offences,
complaints);

 

(f)
contravenes section 81 (inducing misconduct, withholding services);

 

(g) contravenes
section 117 (trade union membership);

 

(h) deals with
personal property, other than money or a firearm,
in a manner that is not consistent with section 132;

 

(i) deals with
money in a manner that is not consistent with section 133;

 

(j) deals with a
firearm in a manner that is not consistent with section 134;

 

(k)
contravenes a regulation made under paragraph 15
(equipment), 16 (use of force), 17 (standards of dress, police
uniforms), 20 (police pursuits) or 21 (records) of subsection 135 (1).
2007, c. 5, s. 10.

 

Off-duty
conduct

 

(2)  A police officer shall not be found guilty of
misconduct under subsection (1) if there is no connection between the conduct
and either the occupational requirements for a police officer or the reputation
of the police force. 2007, c. 5, s. 10.

 

Inducing
misconduct and withholding services

Inducing
misconduct

 

81.  (1)  No person shall,

(a) induce or attempt
to induce a member of a police force to withhold his or her services; or

(b) induce or
attempt to induce a police officer to commit misconduct. 2007, c. 5, s.
10.

 

Withholding
services

 

(2)  No member of a police force shall withhold
his or her services. 2007, c. 5, s. 10.

 

Offence

 

(3)  A person who contravenes subsection (1) or
(2) is guilty of an offence and on conviction is liable to a fine of not
more than $2,000 or to imprisonment for a term of not more than one year, or to
both. 2007, c. 5, s. 10.

 

Consent of
Solicitor General

 

(4)  No prosecution shall be instituted under this
section without the consent of the Solicitor General. 2007, c. 5, s. 10.

 

 

 

 

 

 

 

 

[19] I am relying on the following sections of the Highway Traffic Act:

Driving a privilege

31.  The purpose of this Part is to protect the public by
ensuring that,

(a) the privilege of driving on a highway is granted to, and retained
by, only those persons who demonstrate that they are likely to drive safely;
and

(b) full driving privileges are granted to novice and probationary
drivers only after they acquire experience and develop or improve safe driving
skills in controlled conditions.  1993, c. 40, s. 1.

 

192.  (1)  The driver of a motor vehicle or street car is liable for loss or
damage sustained by any person by reason of negligence in the operation of the
motor vehicle or street car on a highway. 2005, c. 31, Sched. 10,
s. 2.

Same

(2)  The owner of
a motor vehicle or street car is liable for loss or damage sustained by any
person by reason of negligence in the operation of the motor vehicle or street
car on a highway, unless the motor vehicle or street car was without the
owner’s consent in the possession of some person other than the owner or the
owner’s chauffeur. 2005, c. 31, Sched. 10, s. 2.

Same

(3)  A lessee of
a motor vehicle or street car is liable for loss or damage sustained by any
person by reason of negligence in the operation of the motor vehicle or street
car on a highway, unless the motor vehicle or street car was without the
lessee’s consent in the possession of some person other than the lessee or the
lessee’s chauffeur. 2005, c. 31, Sched. 10, s. 2.

Consent of lessee

(4)  Where a
motor vehicle is leased, the consent of the lessee to the operation or
possession of the motor vehicle by some person other than the lessee shall, for
the purposes of subsection (2), be deemed to be the consent of the owner
of the motor vehicle. 2005, c. 31, Sched. 10, s. 2.

Liability of operator of commercial motor
vehicle

(5)  In addition
to any liability of an owner or lessee incurred under subsection (2) or (3),
the operator of a commercial motor vehicle, as defined in subsection 16 (1), is liable for loss or
damage sustained by any person by reason of negligence in the operation of the
commercial motor vehicle on a highway. 2005, c. 31, Sched. 10,
s. 2.

Joint and several liability

(6)  The driver, owner, lessee and operator that are liable under
this section are jointly and severally liable. 2005, c. 31,
Sched. 10, s. 2.

 

Onus of disproving negligence

193.  (1)  When loss or
damage is sustained by any person by reason of a motor vehicle on a highway,
the onus of proof that the loss or damage did not arise through the negligence
or improper conduct of the owner, driver, lessee or operator of the motor
vehicle is upon the owner, driver, lessee or operator of the motor vehicle.
2005, c. 31, Sched. 10, s. 3.

 

PART XIV
RECORDS AND REPORTING OF ACCIDENTS AND CONVICTIONS

Duty to report accident

199.  (1)  Every
person in charge of a motor vehicle or street car who is directly or indirectly
involved in an accident shall, if the accident results in personal injuries or
in damage to property apparently exceeding an amount prescribed by regulation,
report the accident forthwith to the nearest police officer and furnish him or
her with the information concerning the accident as may be required by the
officer under subsection (3). R.S.O. 1990, c. H.8, s. 199 (1); 2002, c. 17,
Sched. F, Table.

Officer may direct person
to report accident at another location

(1.1)  If, on
reporting the accident to the nearest police officer under subsection (1), the
person is directed by the officer to report the accident at a specified
location, the person shall not furnish the officer described in subsection (1)
with the information concerning the accident but shall forthwith attend at the
specified location and report the accident there to a police officer and
furnish him or her with the information concerning the accident as may be
required by the officer under subsection (3). 1997, c. 12, s. 15;
2002, c. 17, Sched. F, Table.

Where person unable to report

(2)  Where the
person is physically incapable of making a report and there is another occupant
of the motor vehicle, the occupant shall make the report. R.S.O. 1990, c. H.8, s. 199 (2).

Duty of police officer

(3)  A police
officer receiving a report of an accident, as required by this section, shall
secure from the person making the report, or by other inquiries where
necessary, the particulars of the accident, the persons involved, the extent of
the personal injuries or property damage, if any, and the other information
that may be necessary to complete a written report concerning the accident and
shall forward the report to the Registrar within ten days of the accident. R.S.O. 1990, c. H.8, s. 199 (3).

Report of police officer

(4)  The report
of a police officer under subsection (3) shall be in the form that is approved
by the Minister. R.S.O. 1990, c. H.8, s. 199 (4).

 

Duty of person in charge of vehicle in case of accident

200.  (1)  Where an
accident occurs on a highway, every person in charge of a vehicle or street
car that is directly or indirectly involved in the accident shall,

(a) remain at or immediately return to the scene of the accident;

(b) render all possible assistance; and

(c) upon request, give in writing to anyone sustaining loss or injury
or to any police officer or to any witness his or her name, address, driver’s
licence number and jurisdiction of issuance, motor vehicle liability insurance
policy insurer and policy number, name and address of the registered owner of
the vehicle and the vehicle permit number. R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12,
s. 16.

Penalty

(2)  Every person who contravenes this section is guilty of an
offence and on conviction is liable to a fine of not less than $400 and not
more than $2,000 or to imprisonment for a term of not more than six months, or
to both, and in addition the person’s licence or permit may be suspended for a
period of not more than two years. 2009, c. 5, s. 54.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All
of which is respectfully submitted.

August 19, 2014

 

 

        _______________________

Wayne FERRON(Informant)