If you were convicted of an Ontario traffic ticket without a hearing — usually because you did not respond within 15 days — you can apply to strike (reopen) the conviction under the Provincial Offences Act. You must apply promptly after learning of the conviction, generally within 15 days, by filing an affidavit at the court office explaining that you never received the ticket or notice, or were unable to respond through no fault of your own. If a justice strikes the conviction, the case starts fresh and you can fight the ticket.
- If you do not respond to a Part I ticket within 15 days, you can be convicted in your absence — no hearing, no warning letter.
- A conviction in absence can be reopened (struck) under the Provincial Offences Act if you never received the ticket or notice, or could not respond through no fault of your own.
- You must move fast: the application generally must be made within 15 days of the day you became aware of the conviction.
- The process is an affidavit sworn at the court office — you explain what happened, and a justice decides whether to strike the conviction.
- If the conviction is struck, the fine, demerit points, and conviction come off, and the charge proceeds as if you had responded on time — you can then seek disclosure and set a trial date.
- “I forgot” is usually not enough on its own — the stronger your explanation and evidence (moved address, hospital stay, never served), the better your chances.
The Short Answer
If you were convicted of a traffic ticket without a hearing — almost always because the 15-day response window passed — you can apply to strike the conviction and have the charge heard properly. The application is made at the Provincial Offences court office, by affidavit, and generally must be brought within 15 days of the day you became aware of the conviction. If a justice is satisfied that the ticket or notice never reached you, or that you could not respond through no fault of your own, the conviction is struck and the case starts over.
How You Got Convicted Without a Hearing
Most Ontario tickets are issued under Part I of the Provincial Offences Act. The back of the ticket gives you options — pay, meet the prosecutor, or fight — and a 15-day deadline to choose one. If nothing is filed, the justice reviews the certificate of offence, and if it is complete and regular on its face, enters a conviction. No hearing is held and no one calls to warn you. The first many drivers hear of it is a fine notice in the mail, a collections letter, or a problem renewing their licence or plates.
The same follow-on consequences apply as any conviction: the fine becomes due, demerit points are recorded for pointable offences, insurers see the conviction on your abstract, and an unpaid fine can eventually suspend your licence.
What Reopening (Striking) a Conviction Means
Reopening is not an appeal and it is not a pardon. It is a request to a justice to strike the conviction because you never had a genuine opportunity to respond. If granted, the legal slate resets: the conviction, fine, and points come off, and the charge is revived as if you had responded in time. You then get the normal rights of any defendant — disclosure, a possible resolution meeting, and a trial date.
Reopening is for convictions entered without a hearing — the “I never got to respond” situation. If you responded, had your day in court, and lost, the route is an appeal, with different rules and deadlines. Mixing the two up wastes precious time.
The 15-Day Rule
The application must generally be made within 15 days after you became aware of the conviction. Two things about that sentence matter. First, the clock starts at awareness — if the conviction happened a year ago but you only learned of it last Tuesday, you are likely still in time. Second, the window is short and justices take it seriously: waiting weeks after discovering the conviction, then applying, invites a refusal. Treat the day you find out as day one and get to the court office that week.
The Reopening Process, Step by Step
- Go to the right court office. The Provincial Offences office for the municipality where the ticket was issued — the same office named on the ticket and the fine notice.
- Complete the reopening affidavit. Most offices have a standard form. You swear it before a commissioner at the counter.
- Explain, specifically, why you never responded. Dates, addresses, and documents beat generalities. Attach anything that supports you — proof of your move, hospital records, travel stamps.
- A justice reviews the application. Some courts decide on the paperwork the same day; others schedule a brief attendance where you may be asked questions.
- If struck, get your new first steps done immediately — request disclosure and decide between an early resolution meeting and a trial, because the normal timelines now apply to you.
Reasons That Work — and Ones That Don't
Explanations that succeed share one feature: the failure to respond was not a choice. The ticket was never actually served or blew away unread; the notice went to a former address; you were hospitalized, out of the country, or dealing with a family crisis during the response window; a serving error meant the paperwork never existed in your hands at all.
Explanations that struggle: “I forgot,” “I meant to deal with it,” “I thought my spouse paid it.” These describe a missed choice, not an inability to respond. They are not automatically fatal — justices have discretion and honest candour helps — but expect harder questions, and consider getting advice before applying so your one application is your best one.
What Happens After the Conviction Is Struck
The charge is alive again, and so are your defences. From here the matter proceeds like any contested ticket: disclosure, possible resolution discussions with the prosecutor, and if necessary a trial. Everything we cover about fighting a ticket applies. One practical note: confirm with the court office and ServiceOntario that the fine, points, and any non-payment suspension have actually been cleared from the record — do not assume the paperwork caught up on its own.
If the Justice Says No: Appeals
A refused reopening does not always end the road. The conviction itself can be appealed under the Provincial Offences Act, generally within 30 days, and courts can extend time in the right circumstances. Appeals are more formal and more technical than reopenings — this is the stage where professional representation earns its cost, especially if the conviction carries insurance or licence consequences you cannot afford to absorb.
Common Mistakes
- Paying the fine to make it go away. Payment is treated as accepting the conviction — it stays on your record and reaches your insurer. If you intend to reopen, do not pay first; ask the court office how to proceed.
- Waiting. The 15-day awareness window is the whole ballgame. Every week of delay makes the affidavit harder to accept.
- Vague affidavits. “I never got anything” with no address history or dates invites refusal. Specifics win.
- Ignoring the licence side. If non-payment triggered a suspension, driving before it is formally lifted risks a driving while suspended charge — a far worse problem than the original ticket.
- Reopening with no plan. Striking the conviction restarts the clock on a live charge. Know what you will do next — resolve or fight — before you win the reopening.
Frequently Asked Questions
Possibly. Ontario's Provincial Offences Act lets a person convicted without a hearing apply to strike the conviction. You must act promptly — generally within 15 days of becoming aware of the conviction — and satisfy a justice that you never received the ticket or notice, or were unable to respond through no fault of your own. Simply forgetting is a weak explanation on its own; not receiving the paperwork is a strong one.
Generally 15 days from the day you first became aware of the conviction — for example, the day the fine notice arrived or the day the Ministry flagged your licence. The clock runs from awareness, not from the conviction date, but a justice will expect you to have moved quickly once you knew.
The Provincial Offences court office for the location where the ticket was issued. You attend, complete and swear an affidavit (many courts use a standard reopening form), and file it. A justice reviews it — sometimes on the spot, sometimes at a later appearance.
The truth, specifically: why you did not respond in time. Strong affidavits explain that the ticket or notice never reached you (moved address, served incorrectly, mail failure) or that circumstances beyond your control (hospitalization, out of country) prevented a response — with dates and any supporting documents.
If the conviction is struck, yes — the conviction, the fine, and any demerit points that flowed from it are removed, and any licence suspension for non-payment tied to that conviction is lifted. The charge itself comes back to life, and the case proceeds as a live ticket you can now fight.
A struck conviction is treated as though it had not happened, and it comes off your driving record. If your insurer already saw it on an abstract before it was struck, an updated abstract will show it removed. The underlying charge only affects insurance if you are later convicted after the reopened proceedings.
If your licence was suspended for non-payment of the fine from the conviction, striking the conviction removes the basis for that suspension. Deal with this at the court office and confirm with ServiceOntario that the suspension is cleared before driving.
You can appeal the conviction itself under the Provincial Offences Act appeal provisions, which have their own deadlines (generally 30 days) and may require an extension of time if you are past them. At that stage, getting representation is strongly advisable.
It can cut both ways. Drivers are required to keep their address current with the Ministry within 6 days of moving, so a justice may be less sympathetic if the paperwork went to an old address you never updated. That said, reopenings are still granted in address cases — explain honestly and show you acted immediately once you learned of the conviction.
For a straightforward reopening, many people do it themselves. Representation earns its keep when the stakes are high — a major conviction, insurance consequences, or a licence suspension — or when the reopening is refused and the matter moves to an appeal. A free consultation can tell you quickly which situation you are in.