Missed Your Court Date? How to Reopen a Provincial Offences Conviction in Ontario
If you were convicted of a traffic ticket or other Part I offence without ever appearing in court, you may be able to reopen the conviction under section 11...
Frequently Asked Questions
How long does a reopening application take to decide?
Once Form 102 is filed, most clerks decide within four to eight weeks. Some courts review the file on paper without a hearing; others schedule a brief in-person or virtual appearance. Decisions can take longer in busy jurisdictions like Toronto and Brampton.
Is there a filing fee for Form 102?
No. The reopening application itself is filed without a fee. You may incur a small fee for swearing the affidavit before a commissioner of oaths if you use a private notary or paralegal.
Can a paralegal represent me on a reopening?
Yes. Reopenings under the Provincial Offences Act fall within paralegal scope under By-Law 4 of the Law Society of Ontario. A paralegal can draft the Form 102 affidavit, commission your signature, file the application, and represent you at any hearing the court schedules.
What if my reopening is refused?
You have a right of appeal to a judge of the Ontario Court of Justice under Part VII of the POA. The appeal is on the record — the judge reviews the clerk’s decision and the affidavit, and decides whether the clerk’s refusal was reasonable.
Will reopening the conviction stop a plate-renewal block?
Yes, in most cases. Once the conviction is struck, the underlying fine is no longer due, and the Ministry of Transportation generally releases the plate block within a few business days. You may need to provide ServiceOntario with a copy of the order striking out the conviction.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.