Quick Answer — Brampton
Point Duty defends fail to stop after an accident charges under Criminal Code s.320.16(1) — the criminal counterpart to the HTA's fail to remain, which requires proof you knew the accident happened. Summary conviction carries up to two years less a day, a possible driving prohibition, and a criminal record. A licensed paralegal can act on a summary election; where the accident is alleged to have caused bodily harm or death, the charge falls outside paralegal scope and is referred to a lawyer.
A Brampton driver who exchanges information, goes home and calls their insurance company often believes the collision has been dealt with. Reporting to an insurer is not reporting to the police, and the duty that attaches after a collision is not satisfied by a claim. Point Duty Traffic Court Defence and Legal Services sees that misunderstanding turn into a criminal charge at the Davis courthouse, and reads the file for what the driver did in the hours afterwards, because that is often the difference between this charge and a Highway Traffic Act one. On scope, a paralegal may act on s.320.16(1); where the accident caused bodily harm or death, the matter goes to a lawyer.
Failing to stop after a collision involving another person, vehicle, or animal, with knowledge of the accident. The criminal counterpart to the HTA's Fail to Remain — escalates when injury or death is involved. Only the base offence at s.320.16(1) is within paralegal scope, on a summary election.
Section 320.16 of the Criminal Code prohibits a person involved in an accident with another conveyance, person, or animal from failing to stop and provide their name, address, and licence information, or fleeing the scene with knowledge of the accident.
Hybrid. On summary election: up to 2 years less a day. On indictment: up to 10 years. Where the accident caused bodily harm the maximum rises to 14 years on indictment; where it caused death the offence is indictable only and carries up to life. A driving prohibition is available at the court's discretion. Criminal record on conviction.
If Crown elects summary, within paralegal scope. If indictable election is made (common for injury cases), we refer to a barrister. Disclosure focuses on the accused's knowledge of the accident.
Peel Region's court hub for Brampton and Mississauga. Criminal summary matters from Peel Regional Police, OPP, and Brampton bylaw are heard at the Davis Courthouse on Hurontario; HTA tickets and provincial offences are routed to the Ray Lawson POA building. One of the busiest court complexes in Ontario.
7755 Hurontario Street, Brampton, ON L6W 4T1
(905) 456-4700
Criminal matters from Brampton and Mississauga. Caledon criminal charges go to the Orangeville Courthouse.
Local practice notes reviewed 2026-09-11
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