i.
What the charge means
Section 130 of the HTA covers a marked departure from the standard of care a reasonable person would observe. Often charged following a collision.
Highway Traffic Act s.130
Careless Driving charges in Toronto, Ontario.
Quick Answer — Toronto
Careless driving under HTA s.130 is one of the most serious traffic charges in Ontario — carrying up to 6 demerit points, a fine of up to $2,000, and a licence suspension. It is also frequently contested. A paralegal can challenge whether the driving met the legal threshold of 'without due care and attention' required for a conviction.
Careless driving in Toronto is another very serious Highway Traffic Act offence. The police often use this charge as a catch-all offence, even in a minor fender bender. The prosecution has to prove that your standard of driving was far below what is considered to be normal for an ordinary prudent driver. That is the standard Point Duty Traffic Court Defence holds the prosecution to in Toronto Traffic Court.
Driving without due care and attention or without reasonable consideration for others. Often laid following an accident — 6 demerit points and insurance impact significant.
- Courthouses
- Toronto South Provincial Offences CourtToronto East Provincial Offences CourtToronto West Provincial Offences Court
- Court Phone
- (416) 338-7320
- Consultation
- Free & Confidential
ii.
Penalties
Fine $400–$2,000; up to 6 months imprisonment; licence suspension up to 2 years; 6 demerit points. A conviction is a major insurance offence.
iii.
Available defences
- Momentary lapse vs marked departure
- Mechanical failure
- Sudden emergency or third-party act
- Disclosure deficiencies
iv.
The process
Disclosure, accident reconstruction review, pre-trial discussions to reduce to a lesser HTA offence where appropriate.
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.
Traffic / POA Court
Toronto South Provincial Offences Court
92 Front Street East, Toronto, ON M5E 0G2
(416) 338-7320
Downtown and central Toronto.
Offence numbers beginning 4860
Traffic / POA Court
Toronto East Provincial Offences Court
1530 Markham Road, Scarborough, ON M1B 3M4
(416) 338-7320
Scarborough and the east end.
Offence numbers beginning 4863
Traffic / POA Court
Toronto West Provincial Offences Court
2700 Eglinton Avenue West, Toronto, ON M6M 1V1
(416) 338-7320
Etobicoke, York and North York.
Offence numbers beginning 4862
Local practice notes reviewed 2026-09-01
Common Questions — Toronto
Where is a careless driving charge heard in Toronto?
- Toronto has three courts that hear careless driving matters: Toronto South Provincial Offences Court (92 Front Street East, Toronto, ON M5E 0G2), Toronto East Provincial Offences Court (1530 Markham Road, Scarborough, ON M1B 3M4) and Toronto West Provincial Offences Court (2700 Eglinton Avenue West, Toronto, ON M6M 1V1). Which one hears your matter depends on where the charge was laid, and it is printed on your notice. Point Duty appears at all three.
Who lays careless driving charges in Toronto?
- In Toronto, careless driving charges are laid by Toronto Police Service, OPP Highway Safety Division, GO Transit / Metrolinx Enforcement and Ministry of Transportation (MTO). The charge is then heard at one of the city's three Provincial Offences courts.
How long does a careless driving charge take in Toronto?
- Point Duty Traffic Court Defence sees Toronto traffic matters run 10 to 12 months from charge to resolution. It varies, but that is the usual range.
How does the prosecutor handle careless driving in Toronto?
- Point Duty Traffic Court Defence finds the Toronto prosecutors love early resolutions. Recently they have been saying that resolutions are not available on the date of trial, but they sometimes cave. Generally, for a first offence, they would offer a reasonable resolution.
Do I have to attend court in person in Toronto?
- Yes, it runs virtual courts. Although it's been a subject of conversation, I haven't seen a situation where a trial or other appearance has been ordered in person.
What else should I know about Toronto court?
- All three traffic courts in Toronto run on the same procedure. You can file tickets online through their online portal, and you can make a request for trial or early resolution. Reopenings have to be delivered in person — they cannot be emailed, as they can in some other jurisdictions.
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