Ontario Court of Justice
Date: 2019-05-29 Court File No.: 4960-999-06-90000044-44
Between:
Her Majesty the Queen
— AND —
Afshin Moradi
Ex Parte Chambers Application to Extend Time to Pay Fine
KENKEL J.:
Introduction
[1] Mr. Moradi applies again for an extension of time to pay a $500 fine.
[2] On January 31, 2006 Mr. Moradi pleaded guilty to Careless Driving. He received a benefit as a criminal charge was withdrawn. Given his circumstances at the time he was given 6 months to pay the fine.
[3] On March 18th, 2019 Mr. Moradi applied for an extension of time to pay the fine. In paragraph 3 of that application he stated that he had paid "$0.00" towards the fine in the more than 13 years since it had been imposed. At paragraph 4 he provided contradictory information that the fine was fully paid and he suggested that maybe there was a confusion regarding his name. That application was denied and the judge or justice of the peace who reviewed the matter directed him to pay the fine.
[4] One month later on April 17th, 2019 Mr. Moradi brought another application for extension of time to pay. In the second application he abandoned the claim that he paid the fine earlier. In paragraph 4 he states that he "thought" he paid it and then he undertook to pay the fine at a rate of $50 per month but he wanted his license returned immediately. He paid $50 on the day he filed the second application. That application was refused given the failure to pay for over 13 years. In that context a further extension would not be likely to result in payment.
[5] On May 15th, 2019 Mr. Moradi brought a third application for extension in relation to the same fine. In this third application he provided a third excuse for not paying – "this file disappeared for 13 years". He also returned to the assertion made in his first application that this fine has already been paid. He further undertook to pay a minimum of $100 monthly (towards the fine already paid) if he were granted an extension.
[6] This application is refused for the following reasons:
Mr. Moradi gives contradictory reasons for his failure to pay the fine, but if he's right that he paid the fine in 2006 then he doesn't need an extension. There would be nothing to extend and he would need to work to correct the error.
Mr. Moradi was present in court and representing himself on January 31, 2006. If he chose not to pay the fine imposed that day or if he somehow forgot to do so for 13 years neither circumstance provides a reason for a further extension.
Mr. Moradi has made three applications for extension from March 18th to May 29th. He's made various promises to pay – $50 per month April 17th, $100 per month May 15th, yet in the time he's been making these applications he's only made one $50 payment. Mr. Moradi's continuing failure to pay the fine shows plainly that there's no purpose in granting further time to pay.
[7] The application for extension of time to pay is dismissed. Further, I DIRECT THAT THE ONTARIO COURT OF JUSTICE NOT ACCEPT ANY FURTHER APPLICATIONS FOR EXTENSION OF TIME TO PAY IN THIS MATTER. Refused applications repeated monthly are an abuse of this court's process.
Endorsed: May 29, 2019
Justice Joseph F. Kenkel