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Vancouver Sun
25-06-2025
- Politics
- Vancouver Sun
Two paused Toronto red light camera tickets get the green light on appeal
Two Toronto drivers who saw their red light camera tickets put on hold because it took too long to get their cases into court are out of luck because the justice of the peace who handled them initiated the stays himself and didn't give the city a heads-up that he was going to press pause on the charges. The justice of the peace, who is not named in the appeal, stayed cases against Henry Shein Canada and Lisa Lee-Tucker because they exceeded the 18-month window to get provincial court matters in front of a judge. But the cases against both of them were revived after the city successfully appealed the stays to Ontario's Court of Justice, which ordered new trials for both drivers. 'What happened here is that the justice went a step too far,' Justice David Rose wrote in a recent decision. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. In a precedent known as the Jordan rule, the Supreme Court of Canada set a presumptive ceiling of 18 months for provincial court trials and 30 months for superior court trials, after which delay is considered unreasonable unless exceptional circumstances are proven. Rose conceded both cases took too long to get to court, saying the justice of the peace was 'entirely right that the delay in the cases before him engaged (Jordan) concerns on their face.' But Rose had problems with the way both cases were handled. 'It was reversible error for the court to initiate a stay of proceedings on its own motion,' Rose said. 'A trial judge must be careful and reluctant to bring their own motions because of a perceived unfairness to one or the other party …The discretion should only be exercised rarely and then with extreme care, so as not to interfere with the adversarial nature of the trial procedure or prejudice the accused.' Canada and Lee-Tucker's cases 'have a commonality,' which is why the appeals were heard together, Rose said, noting both drivers had someone appear for them at early resolution meetings after requesting them. Red light camera tickets in Toronto are $325. Canada got his at 1:33 p.m. on Aug. 23, 2022, in the intersection of Bloor Street and Ossington Avenue. Lee-Tucker got hers at the intersection of Sheppard Avenue and Leslie Street in September 2022. Canada's early resolution meeting was slated for July 10, 2024. Lee-Tucker's was July 17, 2024. By the time Canada got to court, his ticket was 22 months old. Fairly early on in his appearance that day, the justice of the peace said, 'I do not find that it's appropriate that these cases proceed. So that's the angle I'm working at.' The justice of the peace pointed out there was no need to wait for a Charter challenge when an 'abusive process' is clear. 'This is not fair play.' When Canada's lawyer appeared at the early resolution hearing by telephone, the justice of the peace noted it was Canada's first time before the court with the charge 'well exceeding the Jordan ceiling.' The justice of the peace used his own common law authority to stay the proceedings. 'That's everything. You may disconnect,' he told Canada's lawyer on the phone. 'There's no conviction, no finding of guilt. No fine. Drive careful.' Lee-Tucker's ticket was also 22 months old by the time her case reached an early resolution hearing. 'I cannot in good conscience accommodate an application, resolution or to be rescheduled in a trial court to add further delay on top of an unlawful delay,' the justice of the peace said at the time, entering a stay on that charge as well. A trial judge must be careful and reluctant to bring their own motions because of a perceived unfairness to one or the other party Lee-Tucker's husband, Chad, appeared by telephone during the brief court appearance. 'First time before the court. Judicial stay of proceeding applicable. Case collapses,' said the justice of the peace. 'You may disconnect.' The justice of the peace 'was clear at the outset of the day that any case that exceeded 18 months of delay would be stayed on the court's own motion and without one being requested,' Rose said. But the law indicates it is 'essential' that before a judge hears an application to stay charges, the prosecution must be given notice, Rose said. 'Beyond the statutory requirement to give notice before an accused may seek a stay of proceedings it is incumbent on the trial justice to remain impartial as between the prosecution and defence.' A trial judge 'has a duty to see that an unrepresented accused person is not denied a fair trial because he is not familiar with court procedure,' Rose said. But that must be limited to what is reasonable, Rose said. 'Clearly it cannot and does not extend to his providing to the accused at each stage of his trial the kind of advice that counsel could be expected to provide if the accused were represented by counsel. If it did, the trial judge would quickly find himself in the impossible position of being both advocate and impartial arbiter at one and the same time.' Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .

The Hindu
20-06-2025
- Business
- The Hindu
Google hits setback in bid to overturn multibillion EU antitrust fine in Android case
Google faced a big setback Thursday in its attempt to overturn a multibillion-dollar European Union antitrust penalty involving Android after a top court's legal adviser sided with regulators. The European Court of Justice's advocate general, Juliane Kokott, recommended in a non-binding opinion that Google's appeal against the fine worth more than 4 billion euros ($4.7 billion) should be dismissed. The case dates back to 2018, when the EU's executive Commission slapped Google with a 4.134 billion euro fine after finding that the U.S. tech company used the dominance of its mobile Android operating system to throttle competition and reduce consumer choice. After Google filed an initial appeal, a lower court trimmed the penalty to 4.125 billion euros in 2022, which the company also appealed to the Court of Justice. Kokott advised that the Court of Justice confirm the fine and uphold the lower court's judgment, according to a press release summarising her opinion. Google said it was disappointed with the opinion, adding that if the court follows it, it "would discourage investment in open platforms and harm Android users, partners and app developers.' ″Android has created more choice for everyone and supports thousands of successful businesses in Europe and around the world," the company said in a statement. Opinions from the advocate general aren't legally binding but are often followed by judges. The judges 'are now beginning their deliberations in this case. Judgment will be given at a later date,' the court said. The fine was one of three antitrust penalties totaling more than 8 billion euros that the European Commission slapped on Google in the last decade, as the 27-nation bloc launched its crackdown on Big Tech companies. Google still faces a decision from Brussels in an antitrust case targeting its digital ad business.

19-06-2025
- Business
Google hits setback in bid to overturn multibillion EU antitrust fine in Android case
LONDON -- Google faced a big setback Thursday in its attempt to overturn a multibillion-dollar European Union antitrust penalty involving Android after a top court's legal adviser sided with regulators. The European Court of Justice's advocate general, Juliane Kokott, recommended in a non-binding opinion that Google's appeal against the fine worth more than 4 billion euros ($4.7 billion) should be dismissed. The case dates back to 2018, when the EU's executive Commission slapped Google with a 4.134 billion euro fine after finding that the U.S. tech company used the dominance of its mobile Android operating system to throttle competition and reduce consumer choice. After Google filed an initial appeal, a lower court trimmed the penalty to 4.125 billion euros in 2022, which the company also appealed to the Court of Justice. Kokott advised that the Court of Justice confirm the fine and uphold the lower court's judgment, according to a press release summarizing her opinion. Google said it was disappointed with the opinion, adding that if the court follows it, it "would discourage investment in open platforms and harm Android users, partners and app developers.' ″Android has created more choice for everyone and supports thousands of successful businesses in Europe and around the world," the company said in a statement. Opinions from the advocate general aren't legally binding but are often followed by judges. The judges 'are now beginning their deliberations in this case. Judgment will be given at a later date,' the court said. The fine was one of three antitrust penalties totaling more than 8 billion euros that the European Commission slapped on Google in the last decade, as the 27-nation bloc launched its crackdown on Big Tech companies.


Global News
19-06-2025
- Business
- Global News
Google faces setback on EU fine as court adviser sides with regulators
Google faced a big setback Thursday in its attempt to overturn a multibillion-dollar European Union antitrust penalty involving Android after a top court's legal adviser sided with regulators. The European Court of Justice's advocate general, Juliane Kokott, recommended in a non-binding opinion that Google's appeal against the fine worth more than four billion euros (US$4.7 billion) should be dismissed. The case dates back to 2018, when the EU's executive Commission slapped Google with a 4.134 billion euro fine after finding that the U.S. tech company used the dominance of its mobile Android operating system to throttle competition and reduce consumer choice. After Google filed an initial appeal, a lower court trimmed the penalty to 4.125 billion euros in 2022, which the company also appealed to the Court of Justice. Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Kokott advised that the Court of Justice confirm the fine and uphold the lower court's judgment, according to a press release summarizing her opinion. Story continues below advertisement 1:25 Google could face Justice Department antitrust probe Google said it was disappointed with the opinion, adding that if the court follows it, it 'would discourage investment in open platforms and harm Android users, partners and app developers.' ″Android has created more choice for everyone and supports thousands of successful businesses in Europe and around the world,' the company said in a statement. Opinions from the advocate general aren't legally binding but are often followed by judges. The judges 'are now beginning their deliberations in this case. Judgment will be given at a later date,' the court said. The fine was one of three antitrust penalties totaling more than 8 billion euros that the European Commission slapped on Google in the last decade, as the 27-nation bloc launched its crackdown on Big Tech companies. Story continues below advertisement Google still faces a decision from Brussels in an antitrust case targeting its digital ad business.


Time of India
19-06-2025
- Business
- Time of India
Google hits setback in bid to overturn EU antitrust fine in Android case
Google faced a big setback Thursday in its attempt to overturn a multibillion-dollar European Union antitrust penalty involving Android after a top court's legal adviser sided with regulators. The European Court of Justice's advocate general, Juliane Kokott, recommended in a non-binding opinion that Google's appeal against the fine worth more than 4 billion euros ($4.7 billion) should be dismissed. The case dates back to 2018, when the EU's executive Commission slapped Google with a 4.134 billion euro fine after finding that the U.S. tech company used the dominance of its mobile Android operating system to throttle competition and reduce consumer choice. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like En 1997 tuvo septillizos, luego su marido la abandonó, vea cómo lucen 26 años después Consejos y Trucos After Google filed an initial appeal, a lower court trimmed the penalty to 4.125 billion euros in 2022, which the company also appealed to the Court of Justice. Kokott advised that the Court of Justice confirm the fine and uphold the lower court's judgment, according to a press release summarizing her opinion. Live Events Google said it was disappointed with the opinion, adding that if the court follows it, it "would discourage investment in open platforms and harm Android users, partners and app developers." Discover the stories of your interest Blockchain 5 Stories Cyber-safety 7 Stories Fintech 9 Stories E-comm 9 Stories ML 8 Stories Edtech 6 Stories ″Android has created more choice for everyone and supports thousands of successful businesses in Europe and around the world," the company said in a statement. Opinions from the advocate general aren't legally binding but are often followed by judges. The judges "are now beginning their deliberations in this case. Judgment will be given at a later date," the court said. The fine was one of three antitrust penalties totaling more than 8 billion euros that the European Commission slapped on Google in the last decade, as the 27-nation bloc launched its crackdown on Big Tech companies. Google still faces a decision from Brussels in an antitrust case targeting its digital ad business.