Brampton By-law 172-2006, s. 7 — If the defendant (adjoining property owner) enters a guilty plea, you will be required to provide the court with certain facts of the by-law contravention and submissions as to the penalty (fine amount) you wish the court to impose
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If the defendant (adjoining property owner) enters a guilty plea, you will be required to provide the court with certain facts of the by-law contravention and submissions as to the penalty (fine amount) you wish the court to impose.
If the defendant (adjoining property owner) intends to plead not guilty, the court will schedule a Date, Time and Court Room for a Pre-trial to be heard. At the Pre-Trial, a Justice of the Peace will make inquiries with both parties (the informant and defendant) to determine:
- • The amount of time required to be set aside for the trial • The number of witnesses anticipated to testify • Length of time required for the trial • Agreed facts and any issues regarding disclosure (information to be provided by the informant to the defendant upon request, such as:
- copies of all relevant evidence on which the informant intends to rely such as witness statements, photographs, documentary evidence, etc.). The Justice of the Peace will then set a Trial date, Time and Court Room for the trial to be heard.
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- 5 Return the Summons signed by the Justice of the Peace to Brampton Provincial Offences Court, Ray Lawson Boulevard, Administration Office. Court staff will arrange for Peel Regional Police to serve the summons on the defendant as service of the summons must be done by a Provincial Offences Officer
- 6 Attend Court on the date and time noted on the summons (the first court appearance date). You and the defendant (adjoining property owner) will be required to address the Justice of the Peace presiding in court who will make inquiries as to how the defendant intends to proceed
- 8 On the Trial Date, • Attend court with your witnesses (witnesses must attend in person as their evidence be introduced via a signed statement) and all other evidence • Present your evidence and call your witnesses to testify • The defendant has the right to question any witness who testifies on your behalf • After you have presented your evidence, the defendant has the opportunity to present evidence and witnesses but is not required to do so Office Consolidation – Division Fence By-law 172-2006 –
- 9 After the hearing of all of the evidence, the Justice of the Peace will ask both the Informant and Defendant for submissions (this is an opportunity for both parties to summarize their position and reasons why a conviction should or should not be entered)
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