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Highway Traffic Act Defence: From Minor Infractions to Serious Charges

An overview of strategies and case law in defending clients charged under Ontario’s Highway Traffic Act.

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  • Instructors

John Paul Rodrigues and Justin Rochester

  • Date

December 8, 2026 at 9:00am EST

  • Price

$150

  • Duration

5 hours

  • Format

Attend Live Online and On-Demand Recording

Summary

This practical CPD program provides paralegals and lawyers with a comprehensive guide to defending charges under Ontario’s Highway Traffic Act (HTA), from minor infractions to serious offences with quasi-criminal consequences. Participants will examine the interaction between the Highway Traffic Act and the Provincial Offences Act (POA), procedural requirements, and the real-world consequences of HTA convictions, including licence suspensions, demerit points, insurance impacts, and escalating penalties. The course emphasizes effective client advising, trial preparation, advocacy, resolution strategies, and professional obligations, equipping practitioners to manage HTA defence files competently and ethically from intake through resolution.

What You'll Learn

  • How to navigate HTA charges under the POA, including tickets, summonses, and penalty structures.
  • How to distinguish and defend common versus serious HTA offences, including careless driving and stunt driving.
  • How to prepare HTA cases effectively, from client intake and disclosure review to resolution discussions.
  • How to apply advocacy skills in POA trials, including questioning officers and making persuasive submissions.
  • How to manage professionalism, risk, and client expectations in HTA defence practice.

Includes:

  • Attendance at the live webinar
  • Access to recorded webinar until December 31, 2027
  • Eligible for CPD Credits / Hours (listed under CPD Credits)
  • Certificate of Completion

$150

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CPD Credits

For Lawyers and Paralegals

  • Law Society of Ontario
Substantive Hours: This program is eligible for up to 5 hours including 1.5 professionalism hours.

Course Outline

A. The First Client Meeting
• Obtaining instructions: what to ask and what to avoid
• Explaining the charge(s), procedure, and possible consequences in plain language
• Identifying immediate issues: release conditions, timelines, disclosure, potential witnesses, and next court dates
• Common risks: Over-promising outcomes and under-preparing cases
B. Managing Client Expectations
• Explaining best-case, worst-case and possible outcomes
• Dealing with anxious, angry, or unrealistic clients
• CYB: Documentation of advice and instructions
C. Professional and Ethical Obligations
• Competence and duty of candour
• Avoiding conflicts of interest
• When and how to decline or withdraw from representation

A. Understanding the Elements of the Offence

  • What are the evidentiary issues in the case?
  • Are there any Charter issues?
  • Identifying other gaps or weaknesses in the Crown’s case

B. Disclosure Review and Analysis

  • What proper disclosure includes
  • Organizing and reviewing disclosure efficiently
  • Preparing and raising Charter applications (e.g., illegal detention, unreasonable search and seizure).

C. Developing a Defence Strategy

  • Theory of the case
  • Assessing credibility and reliability of potential witnesses
  • Deciding between trial, resolution discussions, or plea

D. Pre-Trial Preparation

  • Preparing the client for court appearances
  • Preparing exhibits and submissions
  • Communicating with the Crown and court staff professionally

A. Advocacy Fundamentals

  • Professional courtroom demeanour
  • Oral advocacy basics: clarity, structure, and persuasion
  • Common advocacy mistakes and how to avoid them

B. Bail and Interim Advocacy

  • Advocating on release conditions
  • Ensuring sureties are effectively the “eyes and the ears of the court” to secure release
  • Practical tips for persuasive submissions

C. Trial Advocacy Essentials

  • Theory of the case and preliminary matters
  • Examination and cross-examination basics
  • Handling unexpected developments during trial

D. Resolution and Plea Advocacy

  • Exploring opportunities for negotiation with the Crown.
  • Strategies for achieving a favorable plea bargain (e.g., reduced charges, joint submission on sentencing).
  • Ensuring please are informed, voluntary, and unequivocal

A. Overview of Sentencing Principles

  • The purpose of sentencing in summary conviction matters (e.g., deterrence, rehabilitation, denunciation).
  • The court’s discretion in sentencing and the factors it considers (e.g., prior record, impact on the victim, remorse, rehabilitation potential).

B. Crafting Effective Sentencing Submissions

  • Humanizing the client: the client’s background, personal circumstances, and any steps taken towards rehabilitation.
  • Addressing aggravating factors and how to minimize their impact.
  • Utilizing case law and precedents to support the submission.

C. Effective Advocacy in Sentencing Hearings

  • The importance of presenting the client as a person, not just a defendant.
  • Structuring the submission: a clear narrative that ties facts to sentencing principles.

D. Dealing with Requests for Non-Custodial Sentences

  • Strategies for advocating for alternatives to incarceration (e.g., probation, community service, fines).
  • Providing evidence of the client’s efforts to address the issue (e.g., rehabilitation programs, community involvement).

A. File Management and Documentation

  • Record-keeping and risk mitigation
  • Retainers, instructions, and reporting

B. Dealing with Difficulty Situations

  • Handling demanding clients
  • Navigating through challenges with the Crown or courtroom dynamics
  • Maintaining professionalism under pressure

C. Continuous Improvement

  • Learning from past cases
  • Staying current with criminal law developments
  • Building a strong professional support network

Passes

This course is included in the following passes:

Annual Membership

$800

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Paralegal Pass

$400

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Fulfill your CPD requirements with our expertly curated passes. Dive deep into specialized topics or explore a wide range of courses—all in one convenient package. Learn more. 

Instructors

John Paul Rodrigues

Lawyer and Legal Instructor

Linkedin

This session will be moderated by John-Paul Rodrigues, who is an award-winning legal instructor, being a past recipient of Career College Ontario’s Excellence in Teaching Award and the Instructor of the Year at one of the colleges that he teaches at. He is passionate about helping paralegal students accomplish their dreams and goals at a number of colleges, where he is focused on developing and nurturing future legal practitioners into becoming strong and successful advocates.

J.P. is also the host of the Justice in Pieces Guest Speaker Series, where he has discussed with 500+ lawyers, paralegals, judges, politicians and other guests about various areas of the law. J.P. is also an experienced lawyer, working as telephone duty counsel, providing advice to those in need.

Justin Rochester

Lawyer and Founder, Holthe Immigration Law

Linkedin

Justin is a seasoned legal professional with over eight years of experience and more than 7,000 court appearances to his name. His extensive courtroom experience, both as an agent and handling his own matters, has given him a deep understanding of legal procedures and judicial reasoning. Serving as a Set Date Court Agent, he has engaged in countless interactions with Justices of the Peace and Judges, gaining valuable insights into their decision-making processes. Beyond advocacy, Justin has trained lawyers and paralegals in law firms and has been actively involved in mentoring students through college co-op placement programs. His passion for education extends to his role as a professor at Centennial College, where he teaches courses on Summary Offences, Provincial Offences, Alternative Dispute Resolution, Practice Management, and Legal Communication & Writing. His teaching responsibilities include developing course materials, creating assessments, and instructing students on key legal skills such as filing motions, examining charging documents, and understanding legislative frameworks. Through his work in both the courtroom and the classroom, Justin remains committed to shaping the next generation of legal professionals while continuing to advocate for his clients with dedication and expertise.

Frequently Asked Questions (FAQ)

Have questions? We’re here to help. Check out our FAQs to learn more about this Course.

Absolutely. Every LPEN course is recorded, and the recording is added to your account within a few business days. You can log in anytime to watch it on demand and still receive your digital certificate of completion.

LPEN seeks accreditation for each course from the College of Immigration and Citizenship Consultants (CICC) and the Law Society of Ontario (LSO),the Law Society of BC (LSBC) when applicable. Accreditation details and approved CPD hours are listed in the CPD Credits section on each course page, so you can easily confirm how the course qualifies toward your professional development requirements.

A digital certificate of completion will be available once the course recording has been uploaded. After that, you can follow the steps at the top of your My Courses page—where you’ll also find a short video explaining how to download your certificate. Be sure to save it as part of your documentation for your CPD hours.

This course may be included in one or several LPEN Passes. Passes offer discounted rates and access to multiple courses, making CPD compliance simpler. Check out our Passes page to see where it is included.

You don’t need to create an account separately. When you register for a course or pass, an account is automatically created during checkout. You’ll be asked to enter your email address and set a password—these will be your login details for future access.

What People Say

Andrew Carvajal not only knows immigration law, he is also phenomenal at imparting his knowledge, breaking things down in simple terms and using real world examples to make sure you understand. I would highly recommend anyone wishing to learn immigration law to spend some time interacting with him.
Karl M.
Karl M.
I would say Andrew Carvajal and Chantal Desloges' course on study permits is the most informative and helpful CPD course I have taken so far. The course provided not only tons of information, but also answers to many questions that were confusing to me before. I was very impressed by the instructors’ professionalism and profound knowledge and will be recommending LPEN’s course to my colleagues.
Mark Wolf
Mark Wolf
Chantal Desloges is a wealth of knowledge and experience with an ability to make complex issues understandable. Frankly speaking, students have the opportunity to learn from one of the forefront experts in the field, but she always engages students at their level and makes them feel welcome by making herself available for them. You couldn’t ask for more experienced, stronger, more capable instructor who is also personable and approachable.
James C.
James C.

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