If you fail to appear in court in Ontario, the court will typically issue a bench warrant for your arrest or a discretionary bench warrant that gives you a short window to attend before arrest — and in criminal cases, missing court is itself a new offence under s. 145 of the Criminal Code, punishable by up to 2 years. What happens next depends on the type of court: a criminal court issues warrants and new charges, a family court can decide your case without you, and a traffic court can convict you in your absence. The one universal rule: the faster you act after a missed date, the more options you have. This guide explains the consequences in each court, which excuses courts actually accept, and the exact steps to safely fix a missed court date.
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 the Criminal Code s. 145, with potential jail and fines, even if your original case was minor.
- Bench warrants do not expire — they stay active until executed or rescinded, and can surface years later at a traffic stop or border crossing.
- Outcomes differ across family, traffic (POA), and criminal courts — see the comparison table below.
- 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 safely to minimize custody and bail risk.
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. In criminal cases, a new charge for failing to attend frequently follows. In family and traffic matters, the more common consequence is that the case simply proceeds — and is decided — without you.
Bench Warrant vs. Discretionary Bench Warrant in Ontario
A bench warrant is an arrest warrant issued by a judge or justice “from the bench” when you fail to attend court as required — it authorizes police to arrest you and bring you before the court. A discretionary bench warrant (DBW) is the same order with a grace period: the judge holds off immediate arrest, and if you attend promptly, the warrant is typically cancelled (“rescinded”). Three things everyone with a possible warrant should know:
- Bench warrants do not expire. A warrant remains active until it is executed (you are arrested) or rescinded by the court — it can surface years later at a traffic stop, a border crossing, or a background check.
- How long you sit in custody depends on how you come in. If arrested on a warrant, you must be brought before a justice without unreasonable delay, generally within 24 hours — for a bail hearing. A planned surrender with counsel, timed for court sitting hours, usually minimizes or avoids custody entirely.
- Warrants can be rescinded. You or your lawyer can ask the court to cancel a bench warrant or DBW; the steps vary by courthouse and case type, and moving quickly matters.
Will I Be Charged with a New Offence?
Often, yes. Failing to attend court or to comply with release conditions is an offence under the Criminal Code s. 145. It’s a hybrid offence: 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. The s. 145 charge is separate from and on top of your original charge, and a conviction makes every future release hearing harder.
At-a-Glance: Consequences by Court Type
| Court type | What usually happens on a missed date | Risk of a warrant | How it’s often fixed |
|---|---|---|---|
| Criminal (OCJ/SCJ) | Bench warrant or DBW; new s. 145 charge possible; custody until a bail hearing | High | 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 or final orders, strike pleadings, or consider contempt | Possible in some contexts (e.g., contempt) | Motion to set aside or vary orders; address non-compliance |
| Traffic / POA | If you request a trial and don’t attend, the justice can convict in your absence (ex parte) | Usually no warrant for typical tickets; more likely if you ignore a summons | Reopening or appeal if timelines allow; pay or arrange extension |
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. Contempt in family law is governed by the Family Law Rules, r. 31; penalties can include imprisonment, fines, costs, or other just orders. If you missed a conference or motion, contact a lawyer immediately to discuss a motion to set aside or vary orders made in your absence and propose a concrete plan to comply with outstanding obligations.
Failure to Appear in Traffic Court (Provincial Offences Act)
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 — a surety may be required where none was before, and the missed date will follow you through the rest of the case as evidence of flight risk.
Can My Lawyer or an Agent Attend for Me?
Sometimes. In indictable matters, the accused generally must be personally present unless specific Criminal Code provisions allow remote participation or designated-counsel appearances. In 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 (s. 802.1 and Ontario’s approved-program rules via the Law Society of Ontario). Mode of appearance, including virtual attendance, is governed by the Criminal Code and current Ontario Court of Justice practice directions; requests must follow court protocols.
Lawful Excuses for Failing to Attend
Courts treat missed dates as serious, and everyday issues — work, school, mild illness — are rarely accepted. What may qualify, and what usually doesn’t:
| Often accepted (with evidence) | Usually not accepted |
|---|---|
| Hospitalization / acute medical emergency with records | Work shift or childcare issues without a prior application |
| Arrest or detention in another matter | “Forgot,” scheduling mix-up, or minor illness without proof |
| Official court error / no proper notice | Travel plans or vacation |
| Extreme weather with courthouse closure or police direction | Transportation hassles where alternatives existed |
Whether an excuse is “lawful” is case-specific: even with proof, the judge decides.
What to Do if You Cannot Appear in Court
- Contact a lawyer immediately. Early advice can help avoid a warrant or reduce the risk of bail.
- Apply to adjourn — before the date. Provide a good reason and supporting documents. In some summary matters, an agent (including a licensed paralegal) 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 — verify its status through your lawyer or the courthouse, then plan a safe surrender: attending with counsel, timed for court sitting hours, with a release plan ready, minimizes time in custody. Bring essentials, not valuables — your phone may be taken, so have important numbers written down. In traffic and POA matters, you may already have been convicted in your absence: check your status promptly to avoid a licence suspension for unpaid fines, and ask about reopening if eligible.
| Step | Criminal court | Family court | Traffic / POA |
|---|---|---|---|
| 1. Call a lawyer | Assess warrant and s. 145 risk; plan surrender | Assess orders made in the absence; options to set aside | Check if convicted in absence; deadlines |
| 2. Confirm status | Lawyer contacts Crown/court; check DBW vs. warrant | Review the court record and 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 or extension |
| 4. Attend promptly | Surrender or appear with counsel for bail | Bring motion to vary or set aside | File reopening or arrange resolution |
| 5. Follow up | Strictly obey the new release terms | Follow any new or varied orders | Pay fines; 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.”
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 have any warrant rescinded or secure your release on the least restrictive conditions. Call 416-807-4477 or use our contact form for a free consultation in Toronto, Etobicoke, Scarborough, Newmarket, Brampton, and Mississauga.
Frequently Asked Questions
What happens if you miss a court date in Ontario?
In a criminal case, the court will issue a bench warrant or a discretionary bench warrant, and you can face a new charge under s. 145 of the Criminal Code. In family court, the judge can proceed and make orders in your absence; in traffic court, a justice can convict you in your absence. Acting within days — not weeks — is what limits the damage.
Is failing to appear in court a criminal offence in Canada?
Yes. Failure to attend court or comply with release conditions is a hybrid offence under s. 145, punishable by up to 2 years on indictment or two years less a day and/or a $5,000 fine on summary conviction — separate from, and on top of, your original charge.
What is a bench warrant in Ontario?
An arrest warrant issued by a judge when you fail to attend court as required. Police can arrest you on it at any time — including at traffic stops or border crossings — and bring you before the court for a bail hearing.
What is a discretionary bench warrant?
A bench warrant with a built-in grace period: the judge authorizes arrest but holds off, giving you a short window to attend voluntarily. If you appear promptly, the warrant is typically rescinded; if you don’t, it becomes enforceable like any other warrant.
Do bench warrants expire in Ontario?
No. A bench warrant stays active until you are arrested or the court cancels it — even years later. The only reliable way to make it go away is to have counsel arrange for it to be rescinded or surrendered safely.
How long do you stay in jail for a bench warrant?
If arrested, you must be brought before a justice without unreasonable delay — generally within 24 hours — for a bail hearing. A planned surrender with a lawyer, timed for court hours with a release plan ready, often avoids custody beyond the same day.
Can my lawyer go to court instead of me?
Sometimes. In summary conviction matters, counsel or an authorized agent may appear for you, though the court can require personal attendance. In indictable matters, you generally must be present unless the Criminal Code and court protocols permit designated counsel or a virtual appearance.
What happens if you miss traffic court for a ticket?
For most Part I tickets, the justice can convict you in your absence. You usually won’t be arrested, but unpaid fines can suspend your driver’s licence. If you only just learned of the conviction, ask about reopening it — the window is short.
