Fail to Appear in Court in Ontario:
What Happens Next?
What Happens Next?
Updated October 7, 2026
Missing a court date can have serious consequences. The result depends on the kind of proceeding, the document requiring attendance and what the court has ordered. A criminal appearance, an Ontario provincial-offence trial and a routine ticket response do not follow one identical rule. Do not assume the charge disappears because you were absent—or that a warrant or new charge is automatic.
Criminal proceedings
Check the exact summons, appearance notice, undertaking, release order or court direction. Section 145 of the Criminal Code creates different failure-to-attend offences. It addresses, among other situations, a person on a release order who fails to attend without lawful excuse, failure to return for a later appearance, and non-attendance under a confirmed appearance notice, served summons or confirmed undertaking. The requirements differ between subsections. A missed date alone does not prove every element of a new charge.
A warrant may be issued in circumstances specified in section 512 of the Criminal Code, including certain failures to attend under a served summons, confirmed appearance notice or undertaking. Whether a warrant or further allegation exists must be checked against the current court record. Do not assume that another notice will arrive or that release will automatically be granted or refused.
Ontario provincial offences and tickets
Ticket proceedings have separate rules. Under section 9 of the Provincial Offences Act, failing to respond to certain offence notices, or missing specified meetings or sentencing hearings, can result in the defendant being deemed not to dispute the charge. A conviction and set fine may then be entered if the applicable statutory conditions are satisfied.
Under section 9.1, a defendant given a trial time and place who does not attend may likewise be deemed not to dispute the charge. The justice examines the certificate of offence before deciding whether to convict and impose the set fine or quash the proceeding. Section 54 does not apply where section 9.1 applies.
For other hearings, section 54 permits the court, once the required service, notice or attendance obligation is proved, to hear and determine the matter in the defendant’s absence, or adjourn and, where appropriate, issue a summons or warrant. These are not universal consequences for every traffic ticket. Remedies for a conviction entered without attendance depend on the procedure and can have short deadlines; seek advice promptly.
If you were required to attend as a witness
A witness summons or subpoena creates a different attendance obligation from a defendant’s court date. If you cannot attend or discover that you missed the date, contact the party who arranged your attendance, the court and counsel promptly. Do not assume a hearing was cancelled or that you have been excused unless that is confirmed. Obtain advice about the specific document and proceeding.
What should you do now?
Find the notice, summons, release document or court order. Identify the court, file number, date and attendance requirements.
Contact your lawyer promptly and verify the case’s present status with the court, including any new date, warrant, conviction or further allegation.
Preserve records explaining the absence, such as an emergency, a notice problem or an accessibility issue. Do not alter or invent evidence.
Get advice about the correct procedure to address the missed date. Do not ignore an outstanding warrant or breach existing release conditions while trying to resolve it.
Related reading
Speak with counsel
Contact the Law Office of Kalina & Tejpal or call 416-900-6999 for advice about a missed court appearance.
General information only, not legal advice. Court documents, legislation and the current court record must be checked for the specific case.