Q&A - Dispute Affected by Canada Post?

Q&A ImageMy wife got a speeding ticket on 17 on her way to YVR - she is a flight attendant. That date was July 24th, 2014. It was disputed but to date we have not heard further. My question is twofold. Canada Post as you may know has become horribly inefficient in delivering mail, and, our "super" box has been broken into several times. Question, is there a time limit for serving notice of hearing and, can service be affected by Canada Post's snail mail?

With regard to offender's failure to receive Notice of Hearing, I feel it may well be considered by the Justice, a weak and overworked excuse for failure to appear.  And, perhaps, rightly so.  But for my own part, a law abiding citizen who deems it absolutely necessary to monitor automobile drivers, it is really unfortunate that the Courts will rely on the fact that Canada Post has delivered its Notice of Hearing to the offender.  Problem being, many offenders will abuse this excuse and use it when, in fact, delivery of this Notice has been received!  I really believe that "Service" must be done either by registered mail or, better, personally.  As I have stated with some sense of shame:  Canada Post cannot be trusted to deliver mail!  Yours very truly, Gord M.

Comments

Answer

I believe that you should have received a response from the court setting a trial date long ago. The Ministry of Justice web site has this topic in it's FAQ, but even it is not clear about how long it should take. So, it's time to follow up with the folks at the Violation Ticket Center and see what the status is.

If the delivery went awry and you were deemed to have not disputed the ticket all is not lost. Depending on whether is has been 30 days or less or more than 30 days from the date of the conviction you can complete the appropriate affidavit and try to have the conviction set aside. You will have to give a valid reason that your failure to respond was not your fault. Canada Post not delivering the notice or having the notice stolen during the mailbox breakin would be appropriate reasons. One hitch in that scenario would be if you changed address and failed to notify the court registry or the Violation Ticket Center of that fact.

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