Key Takeaways
- Missing court in Ontario can trigger a bench warrant or a discretionary bench warrant (an order that may give you a chance to attend before being arrested).
- Failing to attend as required can lead to new criminal charges under Criminal Code s.145, with potential jail and fines, even if your original case was minor.
- Outcomes differ across family, traffic (POA), and criminal courts — see the table below for a side-by-side view.
- If you’ve already missed court, act quickly: speak to a lawyer, confirm whether a warrant exists, and follow a plan to surrender or appear to minimize custody and bail risk safely.
Table of Contents
- What Happens if You Fail to Appear in Court in Ontario?
- Failure to Appear in Family Court
- Failure to Appear in Traffic Court (Provincial Offences Act)
- Failure to Appear in Court for Criminal Charges
- Lawful Excuses for Failing to Attend
- What to Do if You Cannot Appear in Court
- What Will Happen If You Have Already Missed Your Court Date?
- Quote from Benson Wilson
- Get Immediate Legal Help
What Happens if You Fail to Appear in Court in Ontario?
If you do not appear when required in Ontario, the court will typically do one of two things:
- Issue a bench warrant for your arrest; or
- Issue a discretionary bench warrant and adjourn your matter, often giving you a brief window to attend before you’re arrested.
Bench Warrant vs. Discretionary Bench Warrant
- Bench warrant: Police can arrest you and bring you to court.
- Discretionary bench warrant (DBW): A warrant exists, but the judge gives discretion not to arrest immediately — if you attend promptly, it may be cancelled (“rescinded”).
You (or your lawyer) can ask the court to cancel/rescind a bench warrant or DBW; the steps vary by courthouse and case type.
Will I Be Charged with a New Offence?
Often, yes. Failing to attend court or to comply with release conditions is an offence under Criminal Code s.145. It’s a hybrid offence (can proceed summarily or by indictment). On indictment, the maximum penalty is up to 2 years; on summary conviction, the general maximum is two years less a day and/or a fine up to $5,000.
At-a-Glance: Consequences by Court Type
| Court Type | What Usually Happens on a Missed Date | Risk of Warrant? | Other Immediate Consequences | How It’s Often Fixed |
|---|---|---|---|---|
| Criminal (OCJ/SCJ) | Bench warrant or discretionary bench warrant; new s.145 charge possible | High | Custody until a bail hearing; tougher release next time | The lawyer moves to rescind the warrant and brings you before the court promptly |
| Family (OCJ/SCJ-Family) | The court may proceed in your absence, make interim/final orders, strike pleadings, or consider contempt if you disobey an order | Possible in some contexts (e.g., contempt or related orders) | Orders may be made against you; costs & enforcement | Motion to set aside/ vary orders; address non-compliance; possible contempt resolution |
| Traffic / Provincial Offences (POA) | If you don’t attend after requesting a trial, the JP can convict in your absence (ex parte) | Usually, no warrant for typical tickets;a warrant is more likely if you ignore a summons requiring your appearance | Fine, added costs; licence suspension for unpaid fines | Reopening/appeal if timelines allow; pay or arrange extension; resolve with prosecutor |
Failure to Appear in Family Court
Family hearings are time-sensitive and fact-driven. If you don’t show up, the judge can proceed without you, make interim or final orders, dismiss your claim, strike pleadings, order costs, or — where you’ve disobeyed a prior court order — consider contempt.
Note: Contempt in family law is governed by Family Law Rules, r.31. Penalties can include imprisonment, fines, costs, or other just orders. It is used cautiously but remains a severe risk if you flout court orders.
Practical tip: If you missed a conference or motion, contact a lawyer immediately to discuss a motion to set aside or to vary orders made in your absence and to propose a concrete plan to comply with any outstanding obligations.
Failure to Appear in Traffic Court
For most Part I tickets (e.g., speeding) where you requested a trial and don’t show up, the justice can convict you in your absence (“ex parte”). You won’t usually be arrested, but unpaid fines can lead to a driver’s licence suspension and collection action.
If you recently learned you were convicted without attending, you can apply to reopen the conviction within a short window after becoming aware.
Failure to Appear in Court for Criminal Charges
Missing a criminal court date is the most serious scenario. Expect a bench warrant (or DBW) and a likely s.145 “fail to attend/comply” charge. You can be arrested and held for a bail hearing, and the release conditions typically become stricter.
Can My Lawyer or an Agent Attend for Me?
- Indictable matters (trials): The accused generally must be personally present unless specific Code provisions allow remote participation or designated-counsel appearances.
- Summary conviction matters: A defendant may appear by counsel or agent, but the court can require personal attendance, and there are limits on non-lawyer agents (see s.802.1 and Ontario’s approved-program rules via the Law Society of Ontario).
- Virtual appearances: Mode of appearance is governed by the Criminal Code and current Ontario Court of Justice practice directions; requests for virtual attendance must follow court protocols.
Lawful Excuses for Failing to Attend
Courts treat missed dates as serious. Everyday issues like work, school, or a mild illness are rarely accepted. Examples that may be accepted include:
- Hospitalization or medical emergency supported by proof;
- Detention or arrest in another matter;
- Court or official error (e.g., notice problem);
- Severe, unforeseeable events made attendance impossible (and you acted promptly once able).
Remember, whether an excuse is “lawful” is case-specific. Even with proof, the judge decides.
Lawful vs. Weak Excuses
| Often Accepted (with evidence) | Usually Not Accepted |
|---|---|
| Hospitalization / acute medical emergency with records | Work shift, childcare issues without prior application |
| Arrest/detention elsewhere | “Forgot,” scheduling mix-up, or minor illness without proof |
| Official court error / no proper notice | Travel plans or vacation |
| Extreme weather + courthouse closure/police direction | Transportation hassles where alternatives existed |
(This table is informational only; outcomes depend on the judge and facts.)
What to Do if You Cannot Appear in Court
- Contact a lawyer immediately. Early advice can avoid a warrant or reduce bail risk.
- Apply to adjourn — before the date. Provide a good reason and supporting documents. In some summary matters, an agent (including a licensed paralegal in Ontario) may appear, but the court can still require you personally.
- Confirm the mode of appearance. Some events may permit virtual attendance if ordered — follow OCJ guidelines.
- If you’re on release, obey all conditions. Failing to comply can itself trigger s.145 charges.
What Will Happen If You Have Already Missed Your Court Date?
- Expect a warrant: In criminal cases, there is often a bench warrant or DBW. Verify through your lawyer or by contacting the courthouse.
- Best practice: plan a safe surrender: Arrange to attend with counsel at court or a police division to minimize time in custody and to be brought before a justice quickly for bail.
- Bring essentials, not valuables: Your phone may be taken; have significant numbers written down.
- Traffic/POA: You may have been convicted in absence; check your status promptly to avoid a licence suspension for unpaid fines and ask about a reopening if eligible.
Step-by-Step: Fixing a Missed Court Date
| Step | Criminal Court | Family Court | Traffic / POA |
|---|---|---|---|
| 1. Call a lawyer | Assess warrant/s.145 risk; plan surrender | Assess orders made in the absence; options to set aside | Check if convicted in absence; deadlines |
| 2. Confirm warrant/status | Lawyer contacts Crown/court; check DBW vs. warrant | Review court record & any contempt exposure | Contact the POA office; get case status |
| 3. Prepare materials | Proof of excuse; surety plan for bail | Compliance plan; affidavits; motion materials | Reopening/appeal forms; payment/extension |
| 4. Attend promptly | Surrender or appear with counsel for bail | Bring motion to vary/set aside; address compliance | File reopening or arrange resolution/payment |
| 5. Follow-up | Strictly obey new release terms | Follow any new or varied orders | Pay fine/fees; confirm licence reinstatement |
“The worst thing you can do after missing court is to do nothing. If we move quickly — verify the warrant status, prepare supporting proof, and present you to the court the right way — we can often reduce custody time and protect your position on the underlying case.”
— Benson Wilson, Criminal Defence Lawyer, Vilkhov Law
Get Immediate Legal Help
If you failed to appear in court in Ontario — or think a bench warrant or discretionary bench warrant may be in place — contact Vilkhov Law immediately. Our defence team will confirm your status, plan the safest next step, and seek to rescind any warrant or secure your release with the least restrictive conditions.
Call 647-977-5852 or use our contact form for a free consultation in Toronto, Etobicoke, Scarborough, Newmarket, Brampton, and Mississauga.
Sources used
- Criminal Code s.145 (fail to attend/comply) and hybrid penalties. Justice Laws Website
- Criminal Code s.787(1) (general summary max: two years less a day and/or $5,000). Justice Laws Website
- Steps to Justice (CLEO) on discretionary bench warrants, rescinding/cancelling warrants, and missed dates. stepstojustice.ca, Ontario
- Family Law Rules (Ontario), esp. Rule 1(8) (remedies for non-compliance) and Rule 31 (contempt). Ontario, CanLII
- Provincial Offences Act (POA) — ex parte convictions and POA guidance; licence suspension policies for unpaid fines; reopening info. CanLII, Norfolk County, citywindsor.ca
- Criminal Code s.650 (presence of accused), s.800 (summary matters; counsel/agent), s.802.1 (limits on agents); Ontario Court of Justice mode-of-appearance guidelines; LSO note on authorized agents. Justice Laws Websitelso.ca, ontariocourts.ca
