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Photo Radar or Red Light Camera – Denial of the Presumption of Innocence

Merchant Law Group LLP seeks to launch class action lawsuits against the provincial governments over photo radar fines.  Many people are paying fines for someone else, a relative or a family member.  This is wrong and money ought to be recoverable.

The law in operation has denied the presumption of innocence, a cornerstone of the Canadian criminal law system.

If you have received or paid a photo radar ticket by mail where you were not the driver of the vehicle and you wish to participate in this potential class action, please fill out the form below with you details.

Merchant Law Group LLP seeks to launch class action lawsuits against the provincial governments over photo radar and red light camera fines.  Many people are paying fines for someone else, a relative or a family member.  This is wrong and money ought to be recoverable.

The law in operation has denied the presumption of innocence, a cornerstone of the Canadian criminal law system.

If you have received or paid a photo radar ticket by mail where you were not the driver of the vehicle and you wish to participate in this potential class action, please fill out the form below with you details.

The lawsuits against the Provincial Governments, that Merchant Law intends to file may result in the recovery of fines paid in the past. The number of years of potential past recovery remains to be resolved.

People facing a new fine in particular may want to call one of the many Merchant Law offices across Canada for specific advice.

People may decide not to pay the fines and Merchant Law lawyers can advise on the state of potential litigation and other issues related to the constitutionality of these kinds of fines when we speak .

These notices frequently look something like this:

Notice Of Offence To Registered Owner

Please find enclosed an offence notice issued to you as the registered owner of a vehicle that exceeded the posted speed limit at …… ….. .

Also enclosed is a photograph of the incident which was captured by a digital camera at the same time as the speed monitoring device measured your vehicle’s speed .

You will note that the image of the vehicle includes a license plate number and according to our records you are the registered owner of the vehicle. Under  (now  the  legislation  is listed). The registered owner is legally responsible for the manner in which his or her vehicle is driven.

The offence notice provides options you have in dealing with the offence notice.

Now typically there is information about drivers abstract and safe driving recognition or driver improvement programs, all of which imply in essence a conviction notwithstanding the authorities do not know who was driving.

Ominously, in some jurisdictions, the notice continues.

Out of Province vehicle owners should check with the licensing agency in their jurisdiction regarding any potential impact.

You can view violation details online at: [of places identified and enter the provided ticket number and plate number].

Merchant Law is investigating whether this affects drivers’ licences through the so called “points system”. According to the presumption of innocence, it is the opinion of Merchant Law that you ought to be able to contest these tickets on the basis that you were not the driver and you should not receive points on your licence nor be required to pay a fine when you were not the guilty party.

We look forward to talking to you about your individual situation and acquiring and receiving information about these potential claims in order to better determine how class actions against the various provinces may proceed.

To contact our law firm with any questions/comments, please email: merchant@merchantlaw.com or call to speak with one of our lawyers at 613-366-2795.

Merchant Law Group has 10 offices across Canada, with lawyers practising law in six provinces. Merchant Law Group is well known for pursuing class action lawsuits in Canada including litigation regarding Winners/HomeSense, Various Cellular Phone Fees, BCE Dividends, GM Gasket Manifolds, Hip Implants, Lead Paint in Toys (and similar consumer products), Maple Leaf, Celebrex/Bextra, Vioxx, Sony, Residential Schools and various other cases.  Tony Merchant, Q.C. is known to be one of Canada’s most active litigators with more than 600 reported cases in leading Caselaw Journals, having argued thousands of cases before the Canadian and American Courts, in Trial and Administrative Courts, and the Courts of Appeal of various American and Canadian jurisdictions, the Federal Court of Canada, and the Supreme Court of Canada.

IF YOU WISH TO JOIN OUR CONTACT LIST FOR THIS CLASS ACTION, PLEASE COMPLETE THE BELOW FORM. (Please note, providing your contact information creates no financial obligation for you.)

    Please note: The information provided on this website is Not Legal Advice. The information may or may not be accurate. The information is for discussion purposes only. Reliance upon any information provided would not be grounds to advance a claim against Merchant Law for providing any advice. In order to get a formal legal opinion upon which you may rely about any specific fact scenario, you would have to first retain the services of a lawyer and request a formal legal opinion.