What does bail Estreatment mean?
These hearings are held in response to an individual who has breached their bail and now the Crown seeks the funds in which the surety had pledged on their behalf at the bail hearing.
What does Estreatal mean?
noun. a true copy or extract of an original writing or record, as of a fine. verb (used with object)
What is an Estreatment warrant?
The Bail Act, 1997 provides that, where persons who have been admitted to bail, with or without sureties, and the court has issued a bench warrant for their arrest, the court shall order estreatment of the value of the Bail Bond and the forfeiture of any amount already paid into court by the person and their sureties …
What does it mean to Estreat a bond?
Estreatment or “estreature” means the enforcement of a forfeiture of a bail bond due to a failure of the principal to comply with a lawful appearance in court and the court order forfeiting such bail bond; Sample 1.
What does the R mean in court cases?
Regina
R or Regina (or Rex) refers to the Crown (Regina or Rex mean “queen” or “king” in latin)
What happens when bond is forfeited?
Bond forfeiture means that the court can collect the bond money because the surety failed to produce Joe in court, as required. A forfeited bond becomes the property of the jurisdiction hearing the case. This means that Joe will be held in jail without bond until he resolves his case.
What does surety notice mean?
The surety brought an action against the general contractor for declaratory judgment that the general contractor failed to satisfy conditions precedent to assert a claim against the subcontractor’s performance bond and that the general contractor breached the bond. …
What is RV accused?
This right of appeal is established in s. 686(1)(a) of the Criminal Code [Code], which “provides that a convicted person may have his or her conviction set aside…on the basis that the verdict is unreasonable” (RV, para 44). The Crown has a much more limited right of appeal than accused persons.
What is the Andrews test?
The court outlined a test, sometimes called the “Andrews test”, to determine whether there has been a prima facie violation of equality rights. Andrews further held that discrimination according to grounds analogous to those enumerated in section 15 could result in a violation of the Charter.
What does CLR mean law?
REPORTED – Commonwealth Law Reports
(1992) is the DATE of the law report. 175 is the VOLUME NUMBER of the law report. CLR is the ABBREVIATION OF THE NAME OF THE LAW REPORT SERIES IN WHICH THIS CASE IS REPORTED – Commonwealth Law Reports. 1 is the PAGE NUMBER on which the case begins.
What does V mean in court?
The title in criminal cases always contains at least two names. The first name refers to the party that brought the action. The v. is an abbreviation of the Latin versus, meaning “against.” The second name refers to the party against which the action was brought.
What can a crown do at an estreatment hearing?
Estreatment Hearing. An estreatment hearing is the Crown’s attempt to obtain some or all of the money pledged for bail. The Crown can seek this money if the defendant has breached her bail, that is was charged with a further Fail to Comply Recognizance, Fail to Comply Undertaking while under bail conditions.
Where does an estreatment hearing take place in Ontario?
A hearing is held at the Superior Court of Ontario. At the hearing, the surety and the accused may testify as to why the bail should not be estreated because of steps they took. Once an estreatment order has been granted, there is no opportunity to appeal.
Why is a bail estreatment hearing is held?
Typically a date and time is provided along with details of phone numbers that you may call to provide further information. Why is an estreatment hearing held? These hearings are held in response to an individual who has breached their bail and now the Crown seeks the funds in which the surety had pledged on their behalf at the bail hearing.
When do you get a notice of Estreat court hearing?
If you recently acted a surety for someone on criminal charges, you may have received a “Notice of Estreat Court Hearing” from the Superior Court of Justice. These notices will typically order you appear before the presiding judge at the courthouse.