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DEMERIT POINT

Overview

Demerit points are applied only after the ticket is paid to the drivers license or insurance

The Demerit Point System in Ontario is a way for the Ontario Ministry of Transportation to monitor your driving. All individuals who drive a vehicle in Ontario are subject to this system only when they are convicted of an offence under the Highway Traffic Act. The system is in place to encourage drivers to continue to improve their driving ability and ensure that drivers in Ontario are not abusing their privilege to drive.

Demerit points are added (not lost), if you are found guilty of a traffic ticket offence. The amount of points you gain vary per charge. If you obtain too many demerit points, there is a possibility you could lose your licence.

You start with zero (0) points and go up to fifteen (15). A demerit point will stay on your record for a maximum of two (2) years from the offence date. Once two (2) years has passed, they will automatically be removed from your record.

Don’t assume that if the demerit points are not written on the ticket, there are no points associated with the charge. Police officers and the courts are not affiliated with the The Ministry of Transportation and therefore are not required to tell you or write on the ticket how many demerit points are associated with that charge.

If you receive a ticket in:
1. Other Canadian Provinces and Territories.
2. The State of New York.
3. The State of Michigan.
Demerit points can be assessed to your licence.

What Happens If I Get Out Of Province Demerit Points?

Ontario Demerit Points Chart

The definition as per the Highway Traffic Act:

- 130 (1) “Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.”

Penalties For Careless Driving NOT Causing Bodily Harm or Death are:

We have listed below some of the most common charges laid by police officers and the amount of demerit points attached to them.

Description Of Offence	Demerit Points
Failing to Remain at the Scene of a Collision	7
Failing to Stop When Signaled or Asked by a Police Officer	7
Careless Driving	6
Stunt Driving	6
Failing to Stop for a School Bus	6
Speeding: Exceeding Speed Limit by 50 km/hour or more	6
Fail to Stop at Railway Crossing	5
Speeding: Exceeding the Speed Limit by 30 to 49 km/hour	4
Following too Closely	4
Fail to Yield to Pedestrian	4
Speeding: Exceeding the Speed Limit by 16 to 29 km/hour	3
Driving While Holding or Using a Hand-held Wireless Communications Device	3
Unsafe Move – Lane or Shoulder	3
Driving Through, Around or Under a Railway Crossing Barrier	3
Driving the Wrong Way on a Divided Road	3
Driving or Operating a Vehicle on a Closed Road	3
Failing to Yield the Right-of-Way	3
Disobey Stop Sign	3
Failing to Obey a Traffic Control Stop/Slow Sign, Traffic Light or Railway Crossing Signal	3
Failing to Obey the Directions of a Police Officer	3
Failing to Report a Collision to a Police Officer	3
Failing to Slow and Carefully Pass a Stopped Emergency Vehicle or a Tow Truck With its Amber Lights Flashing	3
Failing to Move, Where Possible, Into Another Lane When Passing a Stopped Emergency Vehicle or a Tow Truck With its Amber Lights Flashing	3
Improper Passing	3
Improper Use of a High Occupancy Vehicle Lane	3
Going the Wrong Way on a One-way Road	3
Crowding the Driver’s Seat	3
Improper Right Turn	2
Improper Left Turn	2
Improper Opening of a Vehicle Door	2
Prohibited Turns	2
Towing of Persons on Toboggans, Bicycles, Skis, etc.	2
Unnecessary Slow Driving	2
Backing Up on Highway	2
Failing to Lower Headlamp Beams	2
Disobey Sign	2
Failing to Stop at a Pedestrian Crossing	2
Failing to Share the Road	2
Failing to Signal	2
Driver Failing to Wear a Seat Belt	2
Driver Failing to Ensure Infant/Child Passenger is Properly Secured	2

Ontario Speeding Tickets and Points

Determining the amount of demerit points you receive is reflective of how fast you were traveling.
The faster you were traveling, the more demerit points will be assessed.

Speed Range	Demerit Points
0 to 15 km/hour Over Speed Limit	0 Demerit Points
16 to 29 kh/hour Over Speed Limit	3 Demerit Points
30 to 49 km/hour Over Speed Limit	4 Demerit Points 30 Day Suspension for G1 and G2 Drivers
50 km/hour Over Speed Limit	6 Demerit Points 30 Day Suspension for G1 and G2 Drivers
Stunt Driving or Racing	6 Demerit Points 30 Day Licence Suspension 14 Day Vehicle Impound Minimum Fine of $2000 Maximum Fine of $10,000 Minumum 1 Year Licence Suspension Max 6 Month Jail Time

Sturino Walker Legal will take the worry out of your traffic tickets and ensure your record stays clear.

It would be a privilege if you allowed us to be your representative.

G1 and/or G2 Drivers (Novice Drivers):

As a novice driver you face different consequences.

2-5 Demerit Points:
• You are sent a warning letter.
• Likely that you will have to attend an interview hearing to discuss your driving record

6-8 Demerit Points:
• Your licence could be suspended.

30 Day Licence Suspension:
• Convicted of a four (4) or more demerit point traffic ticket.
• Convicted of a graduating licensing requirement.

60 Day Licence Suspension:
• You receive 9 or more demerit points.

Graduated Licensing Requirements

G Class Drivers:

As a fully licensed driver you can accumulate a total of 15 demerit points.

2-8 Demerit Points:
• You are sent a warning letter.

9-14 Demerit Points:
• Your licence could be suspended.
• May have to attend an interview to discuss your record.

15 or More Demerit Points:
• You are given a 30 day suspension.

DEMERIT POINT Read More »

traffic_drink_and_driving

1 Comment / Traffic / admin

Drink & Driving

Overview

Being charged for drinking and driving is certainly not a pleasant situation, especially if you are a first-time offender. You may not know what to expect or how to proceed with a first offence DUI.

This is further complicated by jurisdiction, and provincial, which means that local representation is an essential factor in your defence. You will need a law firm that is familiar with the DUI laws specific to your jurisdiction.

Driving Offences

There are a couple of charges that qualify as a driving offence, commonly called DUI (driving under the influence).

These include Impaired Driving, Over 80, failure or refusal to perform physical sobriety tests or give breath or blood samples. This also includes Impaired Driving charges connected to driving under the influence of alcohol and/or drugs.This is noteworthy because as Canada moves to legalize marijuana, it will implement new changes to existing DUI laws. Marijuana consumption trends are changing, and with it the way in which people interact with and interpret the law.

Just the mere fact of sitting behind the wheel in a drunken state can have consequences in the form of a criminal record or license suspension, even if there was no intention of driving the vehicle. The Crown has to prove that you were under “care or control” of the vehicle while your abilities were impaired by alcohol. This can happen in cases where you have your car keys with you and you are in the front seat and the car is not moving. Even if your engine is not turned on, you can be convicted of impaired driving. Furthermore, if you fall asleep in the driver’s seat you are still considered to be in control of the vehicle

Drunk Driving vs High Driving

Drunk driving or driving under the influence of drugs is a crime, but what defines a DUI (Driving under the influence) or DWI (Driving while intoxicated)? The infographic bellow explains what is considered illegal in both Canada and the USA, and what are the differences.

While major policies are being discussed, Canada can look at how states such as Alaska, Colorado, Washington, Washington DC, and Oregon are implementing their existing laws and regulations on impaired driving. Can Canadian and US driving laws serve as a Canada’s marijuana manual on creating laws for drug-impaired driving? If the information and trends in the above infographic are anything to go by, we can very well see Canada constructing a similar legal framework in the near future.

Measuring alcohol levels and drug usage

Both Canada and the US drivers first have to take a breathalyzer test, which can determine level of alcohol in a person’s system.

By passing the breathalyzer test in the US, the driver also has to place an absorbent swab in their mouth and chew on it or touch it on their tongue. In some states (Colorado, California etc.) if an officer pulls over a driver suspected of driving under the influence of marijuana, the driver must take a sobriety test (“horizontal gaze nystagmus test”, “walk and turn test”, “one-leg stand”). The officer orders the driver to provide a blood, breath, or urine test. Also, police officers are using saliva drug test which can detect THC, meth, methadone, cocaine, and several other prescription medications.

In Canada, Police are currently testing roadside oral fluid drug screening devices. If suspected, drivers has to undergo a Standardized Field Sobriety Test (SFST).

When can you be charged with DUI?

There are 1,000 out of 50,000 DUI charges in Canada laid for driving under the influence of drugs each year. 50,000 people are arrested for drunk driving every year. Currently, you can be charged with a DUI if you were in control of a vehicle, even if you weren’t driving it. You can get DUI charge by either having a blood alcohol concentration at or over 0.080%, or by showing signs of impairment. In the USA, about 1,000,000 people get charges for drunk driving. Similar to Canadian laws, you become a DUI offender and can get a DUI charge if your blood alcohol level is above 0.08%.

What Is the Legal Limit for Blood Alcohol Levels? How Much Can I Drink Without Getting Charged With DUI?

You can still probably have a drink or two as long as you don’t hit the limit for blood alcohol level which is 0.05 in Ontario if you have a full G license. Ontario is one of the provinces that has “warn range” laws. So if you have between 0.05 and 0.08 you will lose your license for 3 days and you will need to pay the associated fines. The fines for the warn range are usually up to $180 (administrative monetary penalty) .

If this happens to you more than once, and you get one more warn range charge within a 5-year period, you could lose your license for 7 days. In addition, you will have to attend an alcohol treatment program and to pay a $180 penalty.

If it happens that in the same 5-year period you get charged for a third time, you will lose your license for 30 days, be required to pay a fine in the amount of $180, attend an alcohol treatment program and install an interlock device for a 6-month period.

More serious DUI Ontario charges can be laid if your blood alcohol level is over 0.08.

What Are the Ramifications If I Hit the Limit of 0.08?

You will immediately get your license suspended for 90 days, your vehicle will be impounded and you will have to pay the same amount of money as for the warn range – $180. If convicted for impaired driving, first time offenders can expect to face the following penalties: $1000 fine, 1-year license suspension, required use of an interlock ignition device for at least one year and attendance at an alcohol treatment program.

If convicted and you are a second-time offender, apart from the mandatory alcohol treatment program, you can expect the following penalties: a 30-day minimum jail sentence, license suspension for 3 years and when you get your license back you will be required to equip your vehicle with an interlock ignition device for an additional 3 more years. Moreover, you will likely be fined in an amount determined at the discretion of the judge.

If convicted for impaired driving more than two times, the penalties are harsher: the minimum jail sentence is 120 days and your license can be suspended for a lifetime, although in some cases this penalty can be reduced to 10 years. You will also be fined in an amount determined by the discretion of the judge and have the lifetime requirement to drive a vehicle with an interlock ignition device

What are the penalties for impaired driving?

For drunk driving in Canada,

A first-time offender should pay the fine of $1000. In addition to that, a person charged with DUI should pay a monthly fee for installing an ignition interlock device in his/her vehicle, which is about $1,350.

Court costs can range between $2,000 and $20,000. A license reinstatement fee is $150. One should also expect to pay a minimum of $18,000 for the increases in insurance costs.

penalties range from monetary fines to jail (A $1000 fine + 12-month driving prohibition to 120 days in jail + 36-month driving prohibition) depending on whether there are previous sentences, but your license is often suspended. However, you can reclaim it under certain conditions. If you harmed a person physically, maximum jail sentence is 10 years. If you killed a person, maximum sentence is life in prison.

Meanwhile in the USA, the penalties for a DUI, DWI and OWI (operating while intoxicated) vary by state and jurisdiction. For a first or second offence, the penalties include: fines up to $5,000, loss of (or serious restrictions on) one’s driver’s license for 3-6 months possible jail time. As for drug-impaired driving, in Colorado the first conviction penalties are 9 month license suspension, 5 days to 1 year in jail, 48-96 hours of public service and fine up to $1000.

Can I Be Charged if I Refuse to Take the Breath Sample Test?

Yes, you can be charged with the offence of refusal or refusal to blow (criminal code 254(5), unless you have a reasonable excuse for not taking the test. It is interesting to note that the penalties for the refusal charge are the same as penalties for DUI charges: $1000 for first offence, 30 days jail sentence for the second, 120 days jail sentence for the third offence. In addition to that, you will get a criminal record for the first time offender.

What is considered as a reasonable excuse for not taking the breath sample test or breathalyzer test?

It depends on the particular situation, one reason may be considered reasonable in one case, whereas it won’t be considered reasonable in another. Some examples of reasonable excuses may related to a medical nature – different health issues that restrain a person from taking the test. There may be other reasons as well, but the general expectation is that one take the test.

What Is the Difference Between a Roadside Breath Sample Test and a Breathalyzer Test?

The roadside breath sample test is a screening device used by the police at the side of the road when they pull you over under suspicion that you were driving impaired. The breathalyzer test is carried out at the police station and it is more precise than the roadside test.

How Does a Breathalyzer Work?

A breathalyzer is an instrument used by police to define the specific quantity of alcohol in your breath. It uses infrared energy which passes through the breath sample which indicates the amount of alcohol. Some machines use 2 and others use 3 different infrared frequencies. Those machines that use 3 are more accurate, however they are not infallible.

What Are the Police Allowed to Do When They Stop My Vehicle?

The police can always ask to see your driver’s license and insurance. If the police suspect that you are driving under the influence you will be asked to take a physical sobriety test or a roadside breath test. They don’t have to wait for a lawyer before taking the test. However, if you are taken to the police station to have a breathalyzer test, the police will have to give you the right to speak to your lawyer before taking the test.

How to Behave With the Police?

It is important to keep in mind that refusal to blow into a breath test or agree to a blood test without a reason has the same consequences as blowing over 80. However, you are not obligated to tell the police how much you had to drink. You are free to remain silent.

Also, it is important to know that the police must use one of the official testing methods – trying to smell alcohol on you is certainly not an official way to reveal how many drinks one had. However, the police have a right to use all possible legitimate methods to establish if somebody was impaired while operating a vehicle.

traffic_drink_and_driving Read More »

کنترل اجاره در انتاریو – Rent control in Ontario

1 Comment / Traffic / admin

قوانین کنترل اجاره در انتاریو

کنترل اجاره در انتاریو قانونی است که بر اساس آن دولت از مستاجرین حمایت میکنند و اشاره به سیستمی از مقررات اجاره در انتاریو, کانادا است که براساس آن مبلغ اجاره و محل اقامت اجاره را برای مستاجر محدود و امنیت را برای آنها به ارمغان می آورد.

به کانادا درخواست پناهندگی میکنند سالانه

قررات اجاره اولین بار در انتاریو تحت عنوان قانون ملی مسکن 1944. پس از لابی توسط تجارت در کمتر از یک دهه لغو شد.

تاریخچه مدرن کنترل اجاره در ژوئیه سال 1975 آغاز شد قانون بازنگری اجاره مسکونی سال 1975 پس از آنکه تقاضا برای کنترل اجاره به مسئله اصلی در دوره منتهی به سال 1394 تبدیل شد ، تصویب شد انتخابات استانی 1975. در سال 1979 ، قانون اجاره های مسکونی مصوب شد

در سال 1985 ، جدید لیبرال دولت کنترل اجاره را با قانون تنظیم اجاره مسکونی و در سال 1992 حزب دموکرات جدید دولت باب رائه گذشت قانون کنترل اجاره 1992.

قانون اجاره های مسکونی ، 2006

قانون فعلی سال 2006 که در انتاریو حاکم است روابط بین موجر و مستاجر املاک مسکونی را بیان کرده است. این قانون رضایت سلطنتی را در 22 ژوئن 2006 دریافت و در 31 ژانویه 2007 به قانون اعلام شد. این قانون هیئت مالک و مستأجر را به عنوان جایگزینی برای دادگاه مسکن اجاره انتاریو رسمی کرد.

کنترل اجاره در انتاریو قبلاً فقط به واحدهایی اعمال می شد که برای اولین بار قبل از اول نوامبر 1991 ساخته یا اشغال شده بودند. اگر واحد اجاره در ساختمان آپارتمانی ساخته شده باشد (یا از کاربری غیر مسکونی تبدیل شده باشد) بعد از اول نوامبر 1991 ، مقررات کنترل اجاره قانون اجاره مسکونی ، 2006 اعمال نمیگردید. در تاریخ 20 آوریل 2017 ، نخست وزیر انتاریو کاتلین وین ، همراه با کریس بالارد ، وزیر مسکن ، برنامه مسکن عادلانه را اعلام کرد. این طرح شامل مقرراتی برای پس گرفتن معافیت کنترل اجاره پس از 1991 است به گونه ای که کلیه واحدهای اجاره خصوصی ، از جمله واحدهای ساخته شده یا اشغال شده اول یا بعد از اول نوامبر 1991 ، تحت کنترل اجاره قرار می گیرند. این تغییر از 20 آوریل 2017 اعمال شد

نخست وزیر انتاریو ، دولت محافظه کار داگ فورد در سال 2018 قانونی وضع کرد بنابراین ساخت و سازهای جدید تحت کنترل اجاره نیست. کنترل اجاره در مورد ساختمانهای جدید ، اضافات به ساختمانهای موجود و بیشتر آپارتمانهای زیرزمین جدید که پس از 15 نوامبر 2018 برای اولین بار برای اهداف مسکونی اشغال می شوند ، اعمال نمی شود.

مسئولیت‌های مستأجرین خانه کانادا

در پرداخت به موقع و کامل اجاره کوشا باشید. اگر به هر دلیل نمی‌توانید آن را به موقع پرداخت کنید، حتماً از قبل صاحب خانه را در جریان قرار دهید.
ملک را تمیز و سالم نگه دارید.
اگر هر گونه ایرادی در خانه مشاهده می‌کنید حتماً آن را به صاحب خانه اطلاع دهید تا برای رفع آن ایراد اقدام کند.
صاحبخانه اجازه خواهد داشت برای تعمیر ملک یا نشان دادن آن به مستأجرین آینده، با اطلاع قبلی وارد ملک شما بشود.
اگر قرار است اجاره نامه را فسخ کنید، حتماً از قبل به صاحبخانه اطلاع دهید.
به محض تمام شدن زمان قرارداد، ملک را تخلیه کنید.
در هنگام تخلیه ملک، حتماً کلید را به صاحبخانه تحویل دهید.

مسئولیت‌های مالکین و صاحبان خانه کانادا

اجاره منزل خود را به موقع دریافت کنید.
از فیش‌های اجاره کپی تهیه و نگهداری کنید.
از استانداردهای بهداشتی و ایمنی ملک خود اطمینان حاصل کنید.
ملک خود را با شرایط مطلوب به مستأجر تحویل دهید.
هزینه ی مربوط به تعمیرات و نگهداری ملک، از جمله تأمین آب سرد و گرم را پرداخت کنید.
شرایط مسالمت آمیز را برای مستأجرین فراهم نمایید.
از تمامی لوازم منزل در اجاره نامه، نام ببرید.
خدمات مربوط به محیط‌های خارج خانه مانند راه روها و حیاط را انجام دهید.
خانه را از هر گونه حشره و آفات، پاک کنید.
در صورت عدم پرداخت اجاره توسط مستأجر، مورد را خاطر نشان کنید.
هرگز بدون اجازه و اطلاع قبلی به مستأجر، وارد ملک او نشوید.

در دادگاه های کانادا تصمیم جهت

کنترل اجاره در انتاریو – Rent control in Ontario Read More »

Non-payment of rent

termination of tenancy | Landlord tips

Non-payment of rent by a tenant can cause serious headaches to the small landlord. Below is a guide for landlords on everything you need to know about non-payment of rent in Ontario & termination of tenancy.

When is rent considered late?

Rent is considered late if it’s not paid on the day that it’s due. So for example, if the rent is due on the first day of the month, it would be considered late on the second day.

What should you do as a landlord?

It’s recommended to start the process of issuing an N4 (Notice to End a Tenancy Early for Non-payment of Rent) to the tenant as soon as possible.

What is an N4 notice?

An N4 notice is a notice to end a tenancy early for non-payment of rent. A few important notes about the N4:

Only you (the landlord) or your legal representative can serve the N4 notice.
Gives the tenant 14 days to either pay the full amount owing or move out by the termination date.
The tenant can ignore the notice and wait until you file with the Landlord and Tenant Board (LTB)
Ensure that there are no errors on the N4 notice, otherwise, the LTB Tribunal may deem the notice invalid.

Names on the notice

Include names of those that are on the lease agreement.
If your tenant uses a nickname, include their nickname and legal name on the N4 notice.
If there is a joint tenancy (2 or more tenants), include the names of all tenants.
Include full names of all of the landlords.
Occupants are not required to be on the notice.
Include the FULL address of the rental unit and if required also include the level and unit number.

If you make a mistake on any of these the LTB Tribunal may ask you to start the process over.

Signatures required

Only you (the landlord) or your legal representative can sign and serve the N4.
If there are multiple landlords, only one of you needs to sign the notice.
The date next to the signature is the date that the notice will be given to the tenant.
If there are multiple tenants, they all need a copy of the N4.

Other important notes

You can only list rent arrears on the N4 given to the tenants.
You cannot claim unpaid utilities on the N4
If you have already served the tenant with an N4 notice and another month becomes past due, do not serve them with another one unless the money owed on the last month has been paid.
You can file the N4 with the LTB by way of an L1 application to evict a tenant for non-payment of rent as early as the day after the termination date on the N4.
If you don’t file the N4 within 30 days of the termination date, the N4 becomes void.
The current (as of December 2021) average amount of time to receive a hearing is 9-12 months.

How you can serve notice to your tenants

- Handing it to the tenant in person.
- Handing it to another adult in the rental unit.
- Placing it in the mailbox.
- Sliding it under the door.
- Faxing it to the tenant.
- Registered mail or courier.
If you are using mail, registered mail, or courier, you must add 5 days to the termination date.

The hearing with the LTB

- As of August 2021, the LTB is holding video and telephone hearings.
- Anyone can attend, either as a party to a notice of hearing or as an observer.
- You or your legal representative must attend the hearing, otherwise, the hearing will go on without you.
- The LTB encourages landlords and tenants to work together on a repayment plan.

The Eviction

Once the process with the LTB has run its course, you will have an eviction notice in place. Here’s what will happen on the date of the eviction.

The sheriff will arrive to evict the tenant.
The sheriff will post a notice of vacant possession to the door.
They will grant you vacant possession and the door locks will be changed.
You must provide the tenant access to the property for 72 hours in order for the tenant to remove their belongings.
After the 72 hour period, the landlord can dispose of, sell or keep anything that’s left on the property.

Enforcement of collection of arrears

In addition to an eviction, the LTB may enforce the collection of arrears rent by:

Garnishment of wages (if the tenant is employed)
Garnishment of bank account (if you have the tenants banking information)

Non-payment of rent Read More »

Immigration & Refugee

Landlord & Tenant

Notary public & Commissioner of Oath

small claim court

Traffic Tickets

Immigration & Refugee board

Landlord & Tenant Board

Notary public & Commissioner of Oath

small claim court

Traffic Tickets

DEMERIT POINT

Overview

Demerit points are applied only after the ticket is paid to the drivers license or insurance

Penalties For Careless Driving NOT Causing Bodily Harm or Death are:

G1 and/or G2 Drivers (Novice Drivers):

G Class Drivers:

Drink & Driving

Overview

Driving Offences

Drunk Driving vs High Driving

Measuring alcohol levels and drug usage

When can you be charged with DUI?

What Is the Legal Limit for Blood Alcohol Levels? How Much Can I Drink Without Getting Charged With DUI?

What Are the Ramifications If I Hit the Limit of 0.08?

What are the penalties for impaired driving?

Can I Be Charged if I Refuse to Take the Breath Sample Test?

What is considered as a reasonable excuse for not taking the breath sample test or breathalyzer test?

What Is the Difference Between a Roadside Breath Sample Test and a Breathalyzer Test?

How Does a Breathalyzer Work?

What Are the Police Allowed to Do When They Stop My Vehicle?

How to Behave With the Police?

قوانین کنترل اجاره در انتاریو

قانون اجاره های مسکونی ، 2006

Non-payment of rent

termination of tenancy | Landlord tips

When is rent considered late?

What should you do as a landlord?

What is an N4 notice?

Names on the notice

Signatures required

Other important notes

How you can serve notice to your tenants

The hearing with the LTB

The Eviction

Enforcement of collection of arrears

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