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A hit and run charge, formally called failing to stop and remain at the scene of an accident, can change your life in an instant. It carries penalties ranging from a fine to life imprisonment depending on the consequences of the accident, and an effective defence needs to start from the moment you are contacted by police.
Vilkhov Law's criminal defence lawyers represent clients facing hit-and-run and failing to remain charges across Toronto and the GTA, at every stage from the first bail hearing through trial.
Hit-and-run cases turn on a small number of specific elements: whether you were the driver, whether you were aware (or reckless as to whether) an accident occurred, and whether you failed to stop, identify yourself, and offer assistance. Each of these can be contested, and the consequences facing you depend heavily on whether the accident caused bodily harm or death.
At Vilkhov Law, our lawyers review the specific facts of the accident, the evidence connecting you to the vehicle involved, and what you knew at the time, to build a defence tailored to your circumstances.
Igor Vilkhov, founder of Vilkhov Law, has defended clients facing driving-related criminal charges across the Greater Toronto Area. He is a member of the Law Society of Ontario and the Criminal Lawyers' Association.
Benson Wilson, a criminal defence lawyer at the firm, has experience with bail hearings in driving-offence matters, including cases involving driving prohibitions and reverse-onus considerations related to bodily harm or death.
Igor and Benson build each hit-and-run defence around the specific facts of the accident and what the Crown can actually prove about what you knew and did.
A hit-and-run is formally known as failing to stop and remain at the scene of an accident under section 320.16 of the Criminal Code of Canada. There are three types of hit-and-run charges:
If you and your vehicle are involved in an accident with another person or their vehicle, you must stop, remain at the scene, give your name and address, and offer assistance if anyone is injured. Leaving simply because you panicked or were scared is not a justification once you know an accident occurred.
Related charges you may also face include dangerous driving and impaired driving.
Under section 320.11 of the Criminal Code, a conveyance means a motor vehicle, a vessel, an aircraft, or railway equipment.
You are obligated to stay at the scene only if you knew you were in an accident or were reckless as to whether one occurred. As soon as you become aware that an accident happened, you must remain at the scene.
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Once police identify and charge you, you may be released directly by police. If the accident caused injury or death, you may instead be held for a bail hearing before a judicial official within 24 hours of your arrest.
Bail is assessed on three grounds: whether you are a flight risk, whether you pose a threat to public safety, and whether detention is necessary to maintain confidence in the administration of justice. With driving offences, a driving prohibition may also form part of any release conditions.
Under the ladder principle, reaffirmed by the Supreme Court of Canada in R. v. Antic, 2017 SCC 27, the least restrictive release conditions that address the Crown's concerns must be imposed unless the Crown shows that stricter conditions are necessary.
Your lawyer requests full disclosure of the Crown's evidence, including witness statements, collision reconstruction evidence, and video footage, and reviews it for inconsistencies and Charter issues. A Crown pre-trial allows the defence and the Crown to discuss the case and the Crown's position, and can serve as a springboard for negotiations.
If the accident caused bodily harm or death, or the Crown proceeds by indictment, you will be asked to choose your mode of trial, and given the potential sentences involved, you will also be entitled to a preliminary inquiry.
The penalties for failing to stop and remain at the scene of an accident depend heavily on the consequences of the accident.
| Circumstances | Crown Election | Penalty |
|---|---|---|
| No bodily harm or death | Summary or indictment | Summary: up to 2 years less a day and/or a $5,000 fine. Indictment: up to 10 years |
| Accident causes bodily harm | Summary or indictment | Indictment: up to 14 years, with a minimum $1,000 fine for a first offence |
| Accident causes death | Indictment only | Up to life imprisonment, with a minimum $1,000 fine for a first offence |
A driving prohibition can also be imposed on conviction.
Every hit and run case turns on its specific facts, particularly what you knew and when.
Yes. Failing to stop and remain at the scene of an accident is a criminal offence under section 320.16 of the Criminal Code, separate from any provincial highway traffic violations that may also apply.
Canadian law does not use the term felony. Failing to stop and remain at the scene can be prosecuted summarily or by indictment depending on the circumstances, and becomes an indictment-only offence, similar to what other jurisdictions call a felony, where the accident caused death.
It depends on the consequences of the accident. Where no one was injured, the maximum is 2 years, less a day, summarily, or 10 years on indictment. Where the accident caused bodily harm, the maximum on indictment is 14 years. Where it caused death, the Crown must proceed by indictment, and the maximum is life imprisonment.
Yes, particularly where the accident caused bodily harm or death. Even in less serious cases, a criminal record and driving prohibition are realistic consequences, which is why early legal advice matters.
You are only obligated to stop if you knew, or were reckless as to whether, an accident occurred. A genuine lack of awareness can be a defence, though the Crown will assess the circumstances to determine whether it is credible.
In some cases, yes, where the Crown cannot prove an element of the offence, such as that you were the driver or that you were aware an accident occurred. Whether a charge can be defended successfully depends entirely on the specific evidence in your case.
They refer to the same offence. Hit-and-run is the common term; failing to stop and remain at the scene of an accident is the formal term used in section 320.16 of the Criminal Code.
Given the range of potential penalties, up to life imprisonment where death results, and the technical elements the Crown must prove, early legal representation significantly improves your ability to secure favourable bail conditions and build an effective defence.
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