Appendix D - Sample Notice of Application to Stay a Driving Prohibition (Ontario)

• Author: Mark C. Halfyard/Michael Dineen/Jonathan Dawe
• Pages: 239-241

239

Sample Notice of Application to Stay

aDriving Prohibition (Ontario)

D

SUPERIOR COURT OF JUSTICE

Summary Conviction Appeal

(Central West Region)

B E T W E E N :

HER MAJESTY THE QUEEN

Respondent

- and -

DONEVA SWAZEY

Appellant/Applicant

NOTICE OF APPLICATION FOR AN ORDER

STAYING DRIVING PROHIBITION

TAKE NOTICE that an application will be bought on Wednesday, the 10th day

of December, 2015, at the hour of 10:00 o'clock in the forenoon or so soon thereafter as

Counsel may be heard at the Superior Court of Justice, 10 Louisa Street, Orangeville,

Ontario for an Order staying the Order of Prohibition pursuant to Section 259 of the

Criminal Code of Canada made by His Honour Justice Pugsley at the Ontario Court of

Justice, at Orangeville, on September 26, 2015, pending the determination of the

Appellant’s appeal against conviction on the charge of refusing to provide a breath

sample, contrary to Section 254(5) of the Criminal Code.