If you miss your traffic court date at 100 Constellation Drive in Ottawa, you will likely be convicted in your absence. However, under the Provincial Offences Act, you have exactly 15 days from the moment you become aware of the conviction to file an application for a “Reopening” to get a new trial date without paying court fees.
Missing a scheduled court date is a highly stressful experience, especially when it involves your driving record and hard-earned money. Whether you simply forgot the date, never received the trial notice in the mail, or had a sudden medical emergency, the Ottawa Provincial Offences Court at 100 Constellation Drive does not wait. 🚨 If you fail to appear, the Justice of the Peace will proceed without you, resulting in an automatic conviction. This means you will instantly owe the fine, accumulate demerit points on your driving record, and potentially face a licence suspension from the Ministry of Transportation (MTO). Fortunately, the Ontario legal system provides a specific mechanism to fix this mistake. In this guide, we will outline exactly what you need to do to reopen your traffic case in Ottawa and protect your driving privileges.
Step-by-Step Process for a Reopening in Ottawa
In Ontario, the process for overturning a missed traffic court conviction is called a “Reopening.” It is governed by Section 11 of the Provincial Offences Act. You must act incredibly fast, as the window of opportunity is strictly limited. Here is how the process works in the City of Ottawa.
Step 1: Discovering the Conviction
Most people only realize they missed their court date when they receive a “Notice of Fine and Due Date” in the mail from the City of Ottawa, or worse, a Notice of Suspension from ServiceOntario. As soon as you discover this, the clock starts ticking. You have strictly 15 days from the date you became aware of the conviction to apply for a reopening.
Step 2: Completing the Affidavit Form
You must obtain a “Reopening Application and Affidavit” form from the Ottawa courthouse at 100 Constellation Drive, or download it from the City of Ottawa’s official website. 📝 In this legal document, you must clearly explain two things: first, that you did not intentionally miss the trial, and second, the exact date you found out about the conviction. Your excuse must be genuine, such as not receiving the notice in the mail or being hospitalized.
Step 3: Swearing the Affidavit
An affidavit is a sworn legal statement. You cannot simply sign it at home. You must take the completed form to a Commissioner of Oaths, a Notary Public, or a court clerk at the Constellation Drive courthouse. They will ask you to swear or affirm that the information in the document is completely true before stamping it.
Step 4: Filing and Waiting for the Decision
Once sworn, you must file the original affidavit with the court office at 100 Constellation Drive. A Justice of the Peace will review your application in their private chambers (you do not need to speak to them). If they believe your reason is valid and you applied within the 15-day limit, they will “strike out” the conviction and mail you a brand new Notice of Trial.
How Much Does it Cost in Ottawa?
The financial impact of a missed court date can spiral out of control if you ignore it, but the actual administrative process of fixing it is designed to be accessible. 💲
- Government Filing Fee: There is exactly $0 CAD charged by the City of Ottawa to file a Reopening application. The process itself is free.
- Late Fees: If you ignore the conviction and fail to pay the fine, the city will add late fees and eventually send the debt to a collection agency, which adds a significant collection surcharge.
- Licence Reinstatement: If your licence was suspended for unpaid fines, ServiceOntario charges a mandatory $281 CAD reinstatement fee once the conviction is struck out.
- Legal Representation: Hiring a local Ottawa traffic ticket lawyer or a licensed paralegal to handle the reopening and the subsequent trial usually involves a block fee ranging from $300 to $1,000+ CAD, depending on the severity of the original traffic offence.
| Type of Expense | Is it Mandatory? | Estimated Cost (CAD) |
|---|---|---|
| Reopening Filing Fee | No (It is free) | $0 |
| Notary / Commissioner Fee | No (Free at the courthouse) | $0 – $40 |
| MTO Licence Reinstatement | Only if suspended | $281 |
| Traffic Lawyer / Paralegal | No, but recommended | $300 – $1,000+ |
How Long Does the Process Take?
Time is of the essence. You have 15 days from discovering the conviction to file the paperwork. Once filed at the Ottawa Provincial Offences Court, the Justice of the Peace usually makes a decision within 1 to 4 weeks. ⏱ If your reopening is granted, it typically takes another 3 to 6 months before your new trial date actually takes place at Constellation Drive.
Frequently Asked Questions (FAQ)
What if more than 15 days have passed since I found out?
If you miss the strict 15-day window for a Reopening, you lose that option. Your only remaining legal remedy is to file a formal “Appeal” to a higher court judge. Appeals are much more complicated, take longer, and usually require hiring a law firm to draft the legal arguments.
Does a successful reopening remove the demerit points?
Yes! When a Justice of the Peace grants your reopening, the original conviction is completely erased pending your new trial. This means the fine disappears, and any demerit points associated with that specific ticket are immediately removed from your Ontario driving record.
Will my auto insurance rates go down after a reopening?
Once the conviction is struck from your driving record, it is no longer visible to your insurance company. If your rates recently increased specifically because of that default conviction, they should stabilize once your record is clear, though you may need to notify your broker.
Do I need a lawyer for a traffic court reopening?
While you are legally allowed to file a reopening affidavit yourself, hiring a licensed paralegal or traffic lawyer is highly recommended. If your affidavit is rejected because it was filled out incorrectly, you will be permanently stuck with the conviction.
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