Missing a court date is one of the most common things people call us about — and one of the most fixable, if you move quickly.
People miss court for ordinary reasons. The notice went to an old address. It got lost in the mail. A work shift changed. A child got sick. The date was written down wrong. Whatever the reason, the fact that you missed it does not mean the matter is over, and it does not mean you have no options.
What happens next depends entirely on what kind of charge you were facing.
What happens if you miss court on a traffic ticket?
For a Provincial Offences Act matter — a traffic ticket for speeding, careless driving, drive suspended, or any other Highway Traffic Act charge — missing your trial date has a specific legal consequence.
Under the Provincial Offences Act, if you fail to appear at your trial, you are deemed not to dispute the charge. The justice of the peace enters a conviction in your absence, and the set fine plus victim fine surcharge and court costs are imposed.
You typically find out one of three ways: a notice of fine arrives in the mail, you discover your licence has been suspended, or you go to renew your plates and are refused.
What follows a conviction in absence:
- The fine becomes due. If unpaid past the due date, it goes into default.
- Demerit points are applied where the offence carries them.
- Your insurance is affected — the conviction appears on your driving record and insurers see it at renewal.
- Licence suspension for unpaid fines. Under the Highway Traffic Act, an unpaid POA fine in default can result in your driver's licence being suspended until the fine is paid.
- Plate denial. You may be refused a licence plate renewal until outstanding fines are cleared.
Can a conviction in absence be reversed?
Yes — often. This is the part most people don't know.
Section 11 of the Provincial Offences Act allows you to bring a motion to strike out the conviction. If it is granted, the conviction is set aside and the matter is returned to the trial list — meaning you get the trial you missed.
What the motion requires:
- A sworn affidavit explaining, truthfully, why you did not appear
- Filing it at the courthouse where the conviction was entered
- Doing it within 15 days of becoming aware of the conviction — this is the critical deadline
The court is looking for a genuine explanation. "Through no fault of my own I did not receive the notice," "I was in hospital," "the notice went to my previous address" — these are the kinds of circumstances the section exists for. It is not a second chance for someone who simply chose not to show up.
Even outside the 15-day window there may be avenues available, but they are harder and less certain. The 15 days matter.
What happens if you miss court on a criminal charge?
This is more serious, and the response needs to be faster.
If you fail to attend court on a criminal charge — assault, theft under $5,000, mischief, uttering threats, or any other matter — two things typically happen:
A bench warrant is issued. The judge issues a warrant for your arrest. It stays live until it is addressed. It means you can be arrested at a traffic stop, at a border crossing, or at your home. A warrant does not expire on its own.
You may be charged with failure to appear. Section 145 of the Criminal Code makes it an offence to fail to attend court when required. It is a separate criminal charge on top of the one you were already facing — meaning a second matter, and a second potential conviction.
It affects your release conditions. If you were on bail or on an undertaking, missing court is a breach. Going forward, the Crown will be far more resistant to your release, and any future bail is likely to come with stricter conditions or a surety requirement.
What should you do if there's a warrant out for you?
Do not wait. A warrant does not go away with time. The longer it sits, the worse the position looks to the court, and the higher the chance you are arrested in circumstances you did not choose — at a border, during a traffic stop, in front of your family.
Do not travel. Particularly not across the border. A live warrant found at a U.S. crossing turns a bad situation into a much worse one.
Get representation before you attend. In many cases, counsel or a licensed paralegal can attend court, explain the circumstances of the missed appearance, and arrange for the warrant to be addressed in an orderly way — often with a plan in place before you ever set foot in the building. Walking into a courthouse unrepresented with a live warrant is the hardest version of this.
Have your explanation documented. If there was a medical reason, a hospital record. If a notice went astray, evidence of the address change. Documentation converts an explanation into something the court can act on.
Does missing court mean I lose automatically?
No. That is the misunderstanding that costs people the most.
On a POA matter, a conviction in absence is a conviction that can frequently be struck and returned to the trial list — you can still fight your ticket. On a criminal matter, a missed appearance creates a serious additional problem, but it does not resolve the underlying charge and it does not remove your ability to defend it.
What it does do is add a deadline. Every option described above has a time limit attached, and they all get narrower the longer you wait.
The most common mistake
Assuming it's too late.
We regularly speak to people who missed a court date months ago, assumed the matter was closed against them, paid the fine, and moved on — when a motion to strike would likely have succeeded and given them the trial they were entitled to.
We also speak to people who have been living with an outstanding warrant for years, avoiding travel and dreading traffic stops, when the matter could have been addressed in a single organized court attendance.
Neither situation gets better with time. Both are fixable.
What to do now
If you missed a court date in Ontario:
- Find out what happened. For a POA matter, contact the courthouse listed on your ticket to confirm whether a conviction was entered and on what date. For a criminal matter, do not assume — get advice before making calls.
- Note the date you found out. For a s.11 motion, the 15-day clock runs from when you became aware, not from the conviction date.
- Gather your explanation. Whatever caused the missed appearance — write it down while it's fresh, and collect anything that supports it.
- Call before the deadline. Options exist right now that will not exist in a month.
Missed a court date? Find out what options are still open to you. The first call at Point Duty is free — a confidential 20-minute conversation about what happened, what stage your matter is at, and what options are realistically still open. If your matter is outside our scope, we'll say so and point you in the right direction. Call 1-866-647-6468 or book a consultation at pointdutytraffic.com.
— Point Duty Traffic Court Defence & Legal Services
This article is general information about Ontario law and is not legal advice. Whether a conviction can be struck, and how a missed appearance is best addressed, depends on the specific facts, the court, and your circumstances. Speak with a licensed paralegal about your matter.