i.
What the charge means
Theft of property valued under $5,000 is a hybrid offence under section 334(b) of the Criminal Code. The Crown typically elects to proceed summarily.
Criminal Code s.334(b)
Theft Under $5,000 charges in Toronto, Ontario.
Quick Answer — Toronto
Point Duty defends theft under $5,000 charges under Criminal Code s.334(b) — shoplifting, employee theft, and similar allegations. Summary conviction carries up to two years less a day and a dishonesty record that employers screen for and U.S. officers treat as a crime involving moral turpitude. A licensed paralegal can act; diversion often avoids any record.
At Toronto's Armoury Street courthouse, the first thing Point Duty Traffic Court Defence and Legal Services looks for in a theft under $5,000 disclosure is what the Crown is already offering, and then what would be better than that. Toronto Crowns take these one at a time — on a first offence diversion is often considered, the value of the property matters, and so does the difference between someone who took food because they were hungry and someone who took brand-name clothes to look good — and if the property was recovered and returned, the file is much easier to resolve, while restitution often becomes part of the terms when it can't be.
Shoplifting, employee theft, and other low-value theft charges. Routinely diverted or resolved without a criminal record for first-time accused.
- Courthouse
- Toronto Courthouse (Ontario Court of Justice)
- Court Phone
- (416) 327-5707
- Consultation
- Free & Confidential
ii.
Penalties
Summary: up to 2 years less a day. A finding of guilt creates a criminal record. Diversion, conditional discharge, or absolute discharge frequently available for first-time accused.
iii.
Available defences
- Lack of intent (no mens rea)
- Honest but mistaken belief in ownership
- Identification
- Charter — unlawful detention or search
iv.
The process
Crown pre-charge screening, disclosure, diversion application where eligible, plea or trial. Diversion programs (e.g., Direct Accountability) can result in a stay without a record.
v.
Notes for Toronto
Toronto runs three Provincial Offences courts, not one — Toronto South on Front Street East, Toronto East on Markham Road, and Toronto West on Eglinton Avenue West. Which one hears your ticket is set by where it was issued. Summary criminal charges go to the Toronto Courthouse at 10 Armoury Street. We appear at all four.
Criminal Court
Toronto Courthouse (Ontario Court of Justice)
10 Armoury Street, Toronto, ON M5T 0C2
(416) 327-5707
All Toronto criminal matters. Consolidated the former Old City Hall, College Park, 1000 Finch West, 2201 Finch West, 1911 Eglinton East and 311 Jarvis courthouses in March 2023.
Local practice notes reviewed 2026-09-01
Common Questions — Toronto
Where is a theft under $5,000 charge heard in Toronto?
- Toronto theft under $5,000 matters are heard at Toronto Courthouse (Ontario Court of Justice), 10 Armoury Street, Toronto, ON M5T 0C2. The court's number is (416) 327-5707. Point Duty appears there.
Who lays theft under $5,000 charges in Toronto?
- In Toronto, theft under $5,000 charges are laid by Toronto Police Service, OPP and RCMP. The charge is then heard at Toronto Courthouse (Ontario Court of Justice).
How long does a theft under $5,000 charge take in Toronto?
- Point Duty Traffic Court Defence and Legal Services sees Toronto criminal matters take 8 to 15 months to complete, despite the Chief Justice of Ontario's directive that a matter be set down for trial or resolved with a plea within six months.
How does the Crown handle theft under $5,000 in Toronto?
- Point Duty Traffic Court Defence and Legal Services finds that, depending on the nature and seriousness of an offence, a Toronto Crown does offer diversion, a peace bond, or a conditional or absolute discharge. On occasion they may resolve a matter with a donation to a charity, though that is occasional and dependent on the Crown.
Do I have to attend court in person in Toronto?
- Toronto criminal court does run virtual appearances. At case management stages the appearances can be virtual, although the accused person can appear in person if they wish. Generally, you only need to appear in person if there is going to be a guilty plea, and if you ask the court for permission to appear virtually for a guilty plea, it is often granted where jail is not on the table. For the moment, peace bonds can be heard virtually. Trials, however, have to be done in person unless there are some extreme extenuating circumstances.
What else should I know about Toronto Courthouse (Ontario Court of Justice)?
- All the courts that used to be spread across Toronto are now in one place. It is easy to reach by transit on the University line of the subway, and there is paid parking in the area. Everyone has to go through security. The case management courts are usually on the second floor, in front of a justice of the peace, but when things are taking too long they end up in front of a judge, usually on the eighth floor — which is also where a guilty plea before a judge is usually done. The case management drug court is on the tenth floor. Paralegals cannot handle youth matters; the youth courts are on the sixth floor. The Chief Justice has issued a directive that matters must be set down for trial or resolved within six months, and the court is not too backed up anymore.
Charged with theft under $5,000?
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