Whether you requested a trial and forgot about it or simply let the 15-day response window pass, failing to respond to an Ontario traffic ticket has predictable consequences. The good news is that in many cases something can still be done.
You Did Nothing Within 15 Days
If you received a ticket and failed to pay, request early resolution, or request a trial within 15 days, the court registers you as "deemed not to dispute" and enters a conviction. That conviction gets sent to the MTO, demerit points are applied, and your insurer finds out at your next renewal.
A "deemed not to dispute" conviction is the same as pleading guilty. There is no grace period and it gets registered immediately.
You Had a Trial Date and Didn't Show Up
If you had already requested a trial and then failed to appear, the court will proceed without you and almost certainly convict you in your absence. This is called an ex parte conviction, and you will not receive any notification from the court before it goes on your record.
Can a Conviction Be Reversed?
Yes, through a process called a reopening. Under s.85 of the Provincial Offences Act, you can apply to reopen a conviction registered in your absence. You have to act quickly though. Courts require you to show a valid reason for not attending and to file the application within a reasonable time.
- You were not properly served with the notice of trial
- You were ill or had an emergency that prevented attendance
- You have a plausible defence to the charge
A paralegal can file a reopening application and attend court on your behalf. Success is not guaranteed, but it's usually the best option if a conviction has already been registered.
If you missed the 15-day window but the conviction hasn't been registered yet, some courts will accept a late filing. Call the courthouse listed on your ticket right away.
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