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Chances of Section 11(b) stay for 2 POA traffic tickets with 19+ months delay & location error (Newmarket Court)?

Chances of Section 11(b) stay for 2 POA traffic tickets with 19+ months delay & location error (Newmarket Court)?
Legal & Financial 3 answers • florenciaacosta
I'm looking for some insight from anyone who has dealt with POA court delay or hiring a paralegal for traffic tickets in Ontario. I have two traffic tickets from Markham, one for a red light infraction and one for disobeying a stop sign. The offence date was March 25, 2025, but I only found out about the court date by checking the POA online portal myself, despite my mailing address being 100% correct in the court system. The current court date is October 29, 2026, and there has been zero defense delay on my part. However, there is a fatal location error on the red light ticket, as the intersection mentioned on the ticket does not have a traffic light. Given that the Jordan ceiling is 18 months, what are the realistic chances of getting a Section 11(b) stay for these tickets, considering the delay and the factual defect on the red light ticket?
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2 Answers · 1 reply

Anastasia IAnastasia I •
Going to traffic court can be enlightening. You'll see cases being cleared at a rapid pace, often within a minute. The Crown will typically ask for a plea deal, where you plead guilty to a reduced charge. However, running a red light is a serious offense.
florenciaacosta OP •
I'm hesitant to take a plea deal because it would significantly impact my insurance rates for the next three years. My case has already experienced 19 months of institutional delay, exceeding the 18-month Jordan ceiling, with no defense-related delays. Furthermore, there's a major issue with the officer's testimony, as they cited an intersection without traffic lights or stop signs. Given these circumstances, I'm aiming for a full dismissal rather than pleading guilty.
noor71noor71 •
The R v Jordan ruling does apply to provincial offenses, and it seems you have a strong case based on this precedent. It's worth considering filing a charter motion within 15 days before your trial date to explore your options.
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