How To Appeal A Traffic Ticket In Ontario
Appealing a traffic ticket conviction through the Ontario court system can be complex. At OTD Legal, we have decades of experience navigating the Provincial Offences Act and the appeal process for traffic ticket convictions in Ontario. If you’ve been found guilty of a provincial offence, like careless driving, it’s important to understand your options and the process before appealing that decision.
Understanding the Traffic Ticket Appeal Process in Ontario
An appeal of a traffic ticket in Ontario means challenging a conviction in a higher court. Grounds for an appeal may exist if you believe there was an error in law by the original justice of the peace or trial court. A successful appeal could lead to a new trial and potentially clear the traffic violation from your record.
Starting Your Traffic Ticket Appeal
To start your appeal, follow these steps:
Fine Payment
Your fine must be paid before beginning the appeal process.
Prepare Your Appeal
Collect all necessary documents, including a court transcript from the original court hearing, affidavits, proof of fine payment, and a detailed appeal basis.
File Your Appeal
Submit your appeal documents to the appeal court office within 30 days post-conviction. If this period has lapsed, an “Application for Extension of Time to Appeal” is required.
Appeal Hearing in Ontario Court
At the appeal court, you’ll present your case to a judge, pointing out where you believe the lower court made a legal or factual mistake. The appeal process demands a solid understanding of court procedures and the Provincial Offences Act. In order to best present your legal argument, it’s important to have an experienced legal representative by your side.
Grounds for Appeal and Understanding the Legal Landscape
The appeal can be based on errors in law or fact, procedural mistakes, or insufficient consideration of evidence, such as eyewitness accounts or traffic camera footage.
These grounds can include:
- Errors in Law: This occurs when the trial court has misinterpreted or misapplied the law. Examples include incorrect legal procedures, misinterpretation of the Provincial Offences Act, or failure to adhere to legal standards set by the Ontario Court of Justice.
- Errors in Fact: Situations where the judge or justice of the peace might have made a decision based on incorrect or misinterpreted facts presented during the trial. This could involve overlooking key evidence or misinterpreting the testimonies of witnesses.
- Procedural Mistakes: These are errors in the way your case was handled, which could range from administrative errors to incorrect legal procedures. Examples include:
- Not being given the opportunity to present your case fully.
- The court failing to provide a fair and unbiased hearing.
- Incorrect application of appeal rules or traffic court procedures.
- Insufficient Consideration of Evidence:
- Eyewitness Accounts: The court might have failed to properly consider the testimony of witnesses
- Traffic Camera Footage: Dismissal of or failure to accurately interpret traffic camera footage could be grounds for an appeal.
- Expert Testimonies: In some cases, the opinion of accident reconstruction experts or other professionals is pivotal. An appeal might be warranted if their insights were disregarded or misunderstood.
The Importance of Timely and Accurate Appeal Filing
The 30 day filing window deadlines is extremely important and ensuring all appeal documents, including the notice of appeal and appeal form, are correctly completed and submitted. Our legal team ensures that every part of your appeal, from the initial consultation to attending court, is handled with precision and care.
What If You Paid Your Ticket and Found Out Later That You Are Facing Severe Consequences as a Result of the Conviction?
In this circumstance, you could appeal based on the fact that by paying the ticket, your plea was not fully informed. For a plea to be fully informed, you must be aware of the consequences associated with a plea. For example, Bob gets a ticket for Novice Driver – BAC Above Zero. Bob sees that the ticket is a mere $85.00 fine plus costs and pays the ticket. Within two weeks of paying the conviction, Bob receives a notice from the Ministry of Transportation stating that his license will go under suspension for a period of 30 days due to the conviction. Would Bob have grounds to file an appeal? Yes, he would. Bob would have grounds because when Bob paid his ticket, he was unaware of the consequences, and in this particular case, one of the consequences was a license suspension. Now, if Bob had known that there was a license suspension that was attached to this ticket and paid the ticket anyway, then Bob would not have grounds to appeal.
Traffic Ticket Appeal Delays
Sometimes, appeals can get held up when it takes longer than expected to collect all the necessary paperwork. Transcripts can take months or even years to complete. The average time varies by jurisdiction. For example, in Toronto, it often takes around 24 to 30 months to receive a copy of your court transcript. If obtaining your transcript leads to significant delays, you may be able to get a refund on your deposit fee.
What Does the Law Say About Traffic Ticket Appeals?
Appeals Under Part I and II
Appeals, Proceedings Commenced By Certificate
135 (1) A defendant or the prosecutor or the Attorney General by way of intervention is entitled to appeal an acquittal, conviction or sentence in a proceeding commenced by certificate under Part I or II and the appeal shall be to the Ontario Court of Justice presided over by a provincial judge. R.S.O. 1990, c. P.33, s. 135 (1); 2000, c. 26, Sched. A, s. 13 (6).
Application for Traffic Ticket Appeal
(2) A notice of appeal shall be in the prescribed form and shall state the reasons why the appeal is taken and shall be filed with the clerk of the court within 30 days after the making of the decision appealed from, in accordance with the rules of court. R.S.O. 1990, c. P.33, s. 135 (2); 2009, c. 33, Sched. 4, s. 1 (57).
Simultaneous Application
(2.1) Despite subsection (2), the notice of appeal may be filed at the same time as an application under section 85 to extend the time to give notice of appeal. 2009, c. 33, Sched. 4, s. 1 (58).
Notice of Hearing For Traffic Ticket Appeals
(3) The clerk shall, as soon as is practicable, give a notice to the defendant and prosecutor of the time and place of the hearing of the appeal. R.S.O. 1990, c. P.33, s. 135 (3); 2017, c. 34, Sched. 35, s. 25.
Section Amendments with date in force (d/m/y)
Conduct of Traffic Ticket Appeal
136 (1) Upon an appeal, the court shall give the parties an opportunity to be heard for the purpose of determining the issues and may, where the circumstances warrant it, make such inquiries as are necessary to ensure that the issues are fully and effectively defined.
Review
(2) An appeal shall be conducted by means of a review.
Evidence
(3) In determining a review, the court may,
(a) hear or rehear the recorded evidence or any part thereof and may require any party to provide a transcript of the evidence, or any part thereof, or to produce any further exhibit;
(b) receive the evidence of any witness whether or not the witness gave evidence at the trial;
(c) require the Justice presiding at the trial to report in writing on any matter specified in the request; or
(d) receive and act upon statements of agreed facts or admissions. R.S.O. 1990, c. P.33, s. 136.
Dismissal on Abandonment
137 (1) Where an appeal has not been proceeded with or abandoned, the court may order that the appeal be dismissed. R.S.O. 1990, c. P.33, s. 137.
Dismissal by Justice
(2) Where the clerk of the court considers that an appeal has not been proceeded with or has been abandoned, the clerk may, after giving notice to the parties to the appeal, have the matter brought before a justice sitting in open court to determine whether the appeal has been abandoned and the appeal should be dismissed. 2009, c. 33, Sched. 4, s. 1 (59).
Motion to Restore
(3) A party to an appeal that was dismissed under subsection (2) may apply to have the appeal restored. 2009, c. 33, Sched. 4, s. 1 (59).
Section Amendments with date in force (d/m/y)
Powers of Court on Appeal
138 (1) Upon an appeal, the court may affirm, reverse or vary the decision appealed from or where, in the opinion of the court, it is necessary to do so to satisfy the ends of Justice, direct a new trial. R.S.O. 1990, c. P.33, s. 138 (1).
New Trial
(2) Where the court directs a new trial, it shall be held in the Ontario Court of Justice presided over by a justice other than the Justice who tried the defendant in the first instance, but the appeal court may, with the consent of the parties to the appeal, direct that the new trial be held before the Justice who tried the defendant in the first instance or before the judge who directs the new trial. R.S.O. 1990, c. P.33, s. 138 (2); 2000, c. 26, Sched. A, s. 13 (6).
Costs
(3) Upon an appeal, the court may make an order under section 60 for the payment of costs incurred on the appeal, and subsection (3) thereof applies to the order. R.S.O. 1990, c. P.33, s. 138 (3).
Section Amendments with date in force (d/m/y)
(3) Upon an appeal under this section, the Court of Appeal may make any order with respect to costs that it considers just and reasonable. R.S.O. 1990, c. P.33, s. 139 (3).
Traffic Ticket Appeal to Court of Appeal
139 (1) An appeal lies from the judgment of the Ontario Court of Justice in an appeal under section 135 to the Court of Appeal, with leave of a judge of the Court of Appeal, on special grounds, upon any question of law alone. R.S.O. 1990, c. P.33, s. 139 (1); 2000, c. 26, Sched. A, s. 13 (6).
Grounds for Leave
(2) No leave to appeal shall be granted under subsection (1) unless the judge of the Court of Appeal considers that in the particular circumstances of the case it is essential in the public interest or for the due administration of Justice that leave be granted. R.S.O. 1990, c. P.33, s. 139 (2).
Appeal as to Leave
(4) No appeal or review lies from a decision on a motion for leave to appeal under subsection (1). R.S.O. 1990, c. P.33, s. 139 (4).
Section Amendments with date in force (d/m/y)
Appeals Under Part III
Appeals, Proceedings Commenced by Information
116 (1) Where a proceeding is commenced by information under Part III, the defendant or the prosecutor or the Attorney General by way of intervention may appeal from,
(a) a conviction;
(b) a dismissal;
(c) a finding as to ability, because of mental disorder, to conduct a defence;
(d) a sentence; or
(e) any other order as to costs. 2009, c. 33, Sched. 4, s. 1 (54).
Appeal Court
(2) An appeal under subsection (1) shall be,
(a) where the appeal is from the decision of a justice of the peace, to the Ontario Court of Justice presided over by a provincial judge; or
(b) where the appeal is from the decision of a provincial judge, to the Superior Court of Justice. R.S.O. 1990, c. P.33, s. 116 (2); 2000, c. 26, Sched. A, s. 13 (5, 6).
Notice of Appeal
(3) The appellant shall give notice of appeal in such manner and within such period as is provided by the rules of court. R.S.O. 1990, c. P.33, s. 116 (3).
Simultaneous Application
(4) Despite subsection (3), the notice of appeal may be filed at the same time as an application under section 85 to extend the time to give notice of appeal. 2009, c. 33, Sched. 4, s. 1 (55).
Section Amendments with date in force (d/m/y)
Conduct of Appeal
117 (1) The court may, where it considers it to be in the interests of Justice,
(a) order the production of any writing, exhibit or other thing relevant to the appeal;
(a.1) amend the information, unless it is of the opinion that the defendant has been misled or prejudiced in his or her defence or appeal;
(b) order any witness who would have been a compellable witness at the trial, whether or not he or she was called at the trial,
(i) to attend and be examined before the court, or
(ii) to be examined in the manner provided by the rules of court before a judge of the court, or before any officer of the court or Justice of the peace or other person appointed by the court for the purpose;
(c) admit, as evidence, an examination that is taken under subclause (b) (ii);
(d) receive the evidence, if tendered, of any witness;
(e) order that any question arising on the appeal that,
(i) involves prolonged examination of writings or accounts, or scientific investigation, and
(ii) cannot in the opinion of the court conveniently be inquired into before the court,
be referred for inquiry and report, in the manner provided by the rules of court, to a special commissioner appointed by the court; and
(f) act upon the report of a commissioner who is appointed under clause (e) in so far as the court thinks fit to do so. R.S.O. 1990, c. P.33, s. 117 (1); 2009, c. 33, Sched. 4, s. 1 (56).
Rights of Parties
(2) Where the court exercises a power under this section, the parties or their representatives are entitled to examine or cross-examine witnesses and, in an inquiry under clause (1) (e), are entitled to be present during the inquiry and to adduce evidence and to be heard. R.S.O. 1990, c. P.33, s. 117 (2); 2006, c. 21, Sched. C, s. 131 (18).
Section Amendments with date in force (d/m/y)
Right to Representation
118 (1) An appellant or respondent may appear and act personally or by representative. 2006, c. 21, Sched. C, s. 131 (19).
Attendance While in Custody
(2) An appellant or respondent who is in custody as a result of the decision appealed from is entitled to be present at the hearing of the appeal. R.S.O. 1990, c. P.33, s. 118 (2).
Sentencing in Absence
(3) The power of a court to impose sentence may be exercised although the appellant or respondent is not present. R.S.O. 1990, c. P.33, s. 118 (3).
Section Amendments with date in force (d/m/y)
Written Argument
119 An appellant or respondent may present the case on appeal and argument in writing instead of orally, and the court shall consider any case or argument so presented. R.S.O. 1990, c. P.33, s. 119.
Orders on Traffic Ticket Appeals Against Conviction, etc.
120 (1) On the hearing of an appeal against a conviction or against a finding as to the ability, because of mental disorder, to conduct a defence, the court by order,
(a) may allow the appeal where it is of the opinion that,
(i) the finding should be set aside on the ground that it is unreasonable or cannot be supported by the evidence,
(ii) the judgment of the trial court should be set aside on the ground of a wrong decision on a question of law, or
(iii) on any ground, there was a miscarriage of Justice; or
(b) may dismiss the appeal where,
(i) the court is of the opinion that the appellant, although the appellant was not properly convicted on a count or part of any information, was properly convicted on another count or part of the information,
(ii) the appeal is not decided in favour of the appellant on any ground mentioned in clause (a), or
(iii) although the court is of the opinion that on any ground mentioned in subclause (a) (ii) the appeal might be decided in favour of the appellant, it is of the opinion that no substantial wrong or miscarriage of Justice has occurred.
Idem
(2) Where the court allows an appeal under clause (1) (a), it shall,
(a) where the appeal is from a conviction,
(i) direct a finding of acquittal to be entered, or
(ii) order a new trial; or
(b) where the appeal is from a finding as to the ability, because of mental disorder, to conduct a defence, order a new trial, subject to section 44.
(3) Where the court dismisses an appeal under clause (1) (b), it may substitute the decision that in its opinion should have been made and affirm the sentence passed by the trial court or impose a sentence that is warranted in law. R.S.O. 1990, c. P.33, s. 120.
Orders on Appeal Against Acquittal
121 Where an appeal is from an acquittal, the court may by order,
(a) dismiss the appeal; or
(b) allow the appeal, set aside the finding and,
(i) order a new trial, or
(ii) enter a finding of guilt with respect to the offence of which, in its opinion, the person who has been accused of the offence should have been found guilty, and pass a sentence that is warranted in law. R.S.O. 1990, c. P.33, s. 121; 1993, c. 27, Sched.
Section Amendments with date in force (d/m/y)
Orders on Traffic Ticket Appeal Against Sentence
122 (1) Where an appeal is taken against sentence, the court shall consider the fitness of the sentence appealed from and may, upon such evidence, if any, as it thinks fit to require or receive, by order,
(a) dismiss the appeal; or
(b) vary the sentence within the limits prescribed by law for the offence of which the defendant was convicted,
and, in making any order under clause (b), the court may take into account any time spent in custody by the defendant as a result of the offence.
Variance of Sentence
(2) A judgment of a court that varies a sentence has the same force and effect as if it were a sentence passed by the trial court. R.S.O. 1990, c. P.33, s. 122.
One Sentence on More Than One Count
123 Where one sentence is passed upon a finding of guilt on two or more counts, the sentence is good if any of the counts would have justified the sentence. R.S.O. 1990, c. P.33, s. 123; 1993, c. 27, Sched.
Section Amendments with date in force (d/m/y)
Appeal Based on Defect in Information or Process
124 (1) Judgment shall not be given in favour of an appellant based on any alleged defect in the substance or form of an information, certificate or process or any variance between the information, certificate or process and the evidence adduced at trial unless it is shown that objection was taken at the trial and that, in the case of a variance, an adjournment of the trial was refused although the variance had misled the appellant.
Idem
(2) Where an appeal is based on a defect in a conviction or an order, judgment shall not be given in favour of the appellant, but the court shall make an order curing the defect. R.S.O. 1990, c. P.33, s. 124.
Additional Orders
125 Where a court exercises any of the powers conferred by sections 117 to 124, it may make any order, in addition, that Justice requires. R.S.O. 1990, c. P.33, s. 125.
New Trial
126 (1) Where a court orders a new trial, it shall be held in the Ontario Court of Justice presided over by a justice other than the Justice who tried the defendant in the first instance unless the appeal court directs that the new trial be held before the Justice who tried the defendant in the first instance. R.S.O. 1990, c. P.33, s. 126 (1); 2000, c. 26, Sched. A, s. 13 (6).
Order for Release
(2) Where a court orders a new trial, it may make such order for the release or detention of the appellant pending such trial as may be made by a justice under subsection 150 (2) and the order may be enforced in the same manner as if it had been made by a justice under that subsection. R.S.O. 1990, c. P.33, s. 126 (2).
Section Amendments with date in force (d/m/y)
Appeal By Way of New Trial
127 (1) Where, because of the condition of the record of the trial in the trial court or for any other reason, the court, upon the motion of the appellant or respondent, is of the opinion that the interests of Justice would be better served by hearing and determining the appeal by holding a new trial in the court, the court may order that the appeal shall be heard by way of a new trial in the court and for this purpose this Act applies with necessary modifications in the same manner as to a proceeding in the trial court.
Evidence
(2) The court may, for the purpose of hearing and determining an appeal under subsection (1), permit the evidence of any witness taken before the trial court to be read if that evidence has been authenticated and if,
(a) the appellant and respondent consent;
(b) the court is satisfied that the attendance of the witness cannot reasonably be obtained; or
(c) by reason of the formal nature of the evidence or otherwise the court is satisfied that the opposite party will not be prejudiced,
and any evidence that is read under the authority of this subsection has the same force and effect as if the witness had given the evidence before the court. R.S.O. 1990, c. P.33, s. 127.
Dismissal or Abandonment
128 (1) The court may, upon proof that notice of an appeal has been given and that,
(a) the appellant has failed to comply with any order made under section 110 or 111 or with the conditions of any recognizance entered into under either of those sections; or
(b) the appeal has not been proceeded with or has been abandoned,
order that the appeal be dismissed. R.S.O. 1990, c. P.33, s. 128; 1993, c. 27, Sched.
Dismissal by Justice
(2) Where the clerk of the court considers that an appeal has not been proceeded with or has been abandoned, the clerk may, after giving notice to the parties to the appeal, have the matter brought before a justice sitting in open court to determine whether the appeal has been abandoned and the appeal should be dismissed. 2011, c. 1, Sched. 1, s. 7 (10).
Motion to Restore
(3) A party to an appeal that was dismissed under subsection (2) may apply to have the appeal restored. 2011, c. 1, Sched. 1, s. 7 (10).
Section Amendments with date in force (d/m/y)
Costs
129 (1) Where an appeal is heard and determined or is abandoned or is dismissed for want of prosecution, the court may make any order with respect to costs that it considers just and reasonable.
Payment
(2) Where the court orders the appellant or respondent to pay costs, the order shall direct that the costs be paid to the clerk of the trial court, to be paid by the clerk to the person entitled to them, and shall fix the period within which the costs shall be paid.
Enforcement
(3) Costs ordered to be paid under this section by a person other than a prosecutor acting on behalf of the Crown shall be deemed to be a fine for the purpose of enforcing its payment. R.S.O. 1990, c. P.33, s. 129.
Implementation of Appeal Court Order
130 An order or judgment of the appeal court shall be implemented or enforced by the trial court and the clerk or local Registrar of the appeal court shall send to the clerk of the trial court the order and all writings relating thereto. R.S.O. 1990, c. P.33, s. 130.
Traffic Ticket Appeal to Court of Appeal
131 (1) A defendant or the prosecutor or the Attorney General by way of intervention may appeal from the judgment of the court to the Court of Appeal, with leave of a judge of the Court of Appeal on special grounds, upon any question of law alone or as to sentence.
Grounds for Leave
(2) No leave to appeal shall be granted under subsection (1) unless the judge of the Court of Appeal considers that in the particular circumstances of the case it is essential in the public interest or for the due administration of Justice that leave be granted.
Appeal as to Leave
(3) No appeal or review lies from a decision on a motion for leave to appeal under subsection (1). R.S.O. 1990, c. P.33, s. 131.
Custody Pending Appeal
132 A defendant who appeals shall, if the defendant is in custody, remain in custody, but a judge may order his or her release upon any of the conditions set out in subsection 150 (2). R.S.O. 1990, c. P.33, s. 132.
Transfer of Record
133 Where a motion for leave to appeal is made, the Registrar of the Court of Appeal shall notify the clerk or local Registrar of the court appealed from of the motion and, upon receipt of the notification, the clerk or local Registrar of the court shall transmit to the Registrar all the material forming the record including any other relevant material requested by a judge of the Court of Appeal. R.S.O. 1990, c. P.33, s. 133.
Application of Lower Court of Appeal Procedures, etc.
134 Sections 114, 117, 118, 119, 120, 121, 122, 123, 124, 125 and 126, clause 128 (b) and section 129 apply with necessary modifications to appeals to the Court of Appeal under section 131. R.S.O. 1990, c. P.33, s. 134.
Why Choose OTD Legal for Your Traffic Ticket Appeal?
Successful traffic ticket appeals require specific legal knowledge and experience with the Ontario Court of Justice and Superior Court appeal rules. OTD Legal has decades of experience with the appeal process, from filing an appeal to understanding the specifics of traffic court and Provincial Offences.
Traffic Ticket Appeal FAQs
What are The Steps for Appealing?
The first step would be to call a legal representative to discuss whether you have grounds to appeal or not. This is a very important step that can save you trouble and money down the road. After consulting with a legal representative, your next step would be to fill out the correct appeal paperwork. It is imperative that the appeal paperwork is filled out accurately. If there is an error on the appeal, it could lead to your appeal being dismissed in court. You would also need to pay your fine with the Provincial Offences Court and provide proof of the payment with the appeal (i.e., attach a receipt). Once you have filled out the appeal forms, then you need to serve the documents on the Prosecutor. After serving the documents on the prosecutor, you would then attend the appropriate court and have your appeal filed. After filing the appeal with the court, you must figure out whether your appeal will require transcripts.
How Many Copies of Transcripts Are You Required to Order When Appealing?
When you file an appeal with the court, if transcripts are required (which likely they will be), then three copies must be ordered. A copy for the court, a copy for the prosecution, and a copy for the defence. Transcripts can take time to be drafted, so it is imperative that you get the transcript request in as soon as you can and ensure that you have proof of requesting the transcripts in case your appeal hearing comes prior to the transcripts being completed. You will also need to order transcripts if a trial was conducted in your absence. This occurs with Part 3 matters issued on a summons.
What Do I Do When I Receive the Transcripts from the Transcriptionist?
The transcriptionist who is handling your transcript request will contact you once the transcripts are prepared. You will be required to pay for the transcripts in full prior to being able to receive the transcripts. Once you have the transcripts, then you must attend the Prosecutor’s office and serve them. You will then need to complete an affidavit of service, attend the court, and file a copy of the transcript with the court along with your affidavit of service that will prove you served the Prosecutor. The staff at OTD Legal Services have been successfully dealing with appeals for many years. We are familiar with the process. Once we are retained, we will serve and file all the appropriate documents required for your appeal.
Who Is My Traffic Ticket Appeal Heard in Front of?
Appeals are always heard before a Judge at the Ontario Court of Justice. The Judge will review the decision of the Provincial Offences Court to determine if your appeal shall be granted. If granted, your matter may go back into the Provincial Offences Court for a new trial, which takes place in front of a Justice of the Peace.
What is a Traffic Ticket Reopening?
A reopening is filed when you were convicted of a traffic ticket through no fault of your own. For example, Bob was given a Careless Driving ticket. Bob filed the ticket with the court within fifteen days as prescribed by the Provincial Offences Act. A month later, Bob receives a call from his insurance company that a conviction for Careless Driving is showing on his driving record. Bob contacts the court and discovers that the court mistakenly convicted him. Bob would have grounds to reopen the charge as he was convicted through no fault of his own. Bob’s next step is to file a reopening request with the court. Bob has 15 days to file a reopening from the date he became aware of the conviction. Bob cannot reopen the charge if he pays the ticket.
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Do You Need Help With An Appeal?
We have the skill and experience to help drivers just like you, all while protecting your best interests in the process. We provide free, no obligation, confidential consultations. We help drivers throughout Ontario, including in Kitchener, Georgetown, London, and Windsor, or from our home office in Cambridge. To start a free consultation, text a copy of your ticket to 226-240-2480 or email a copy to help@otdlegal.ca. Once we receive a copy of your ticket, we will call you. As always, we can also be contacted toll-free by calling 1-844-647-6869.
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Appeal Court Ruling Regarding Ontario Police Officers Correcting Errors On A Ticket
On January 19, 2017 the Court of Appeal For Ontario released a ruling in the matters of Amatal Wadood and Douglas Davis. In these two cases, the involved Police Officers had made corrections to their copies of the tickets filed with the court after having...