Dispute Your Provincial Offence
If you intend to appear in court and plead not guilty, you or your representative must attend in person only at the court office shown on the back of your ticket within the times and days shown to file a Notice of Intention to Appear. Bring your offence notice with you.
Note: Court offices will not accept documentation for other court locations. To avoid delays, please be sure to deliver your documentation to the correct court office.
Important: If you do not exercise one of the above options within 15 days of receiving an offence notice, you will be deemed not to dispute the charge and a justice of the peace may enter a conviction against you. Upon conviction, additional costs will be added to the total payable. If the fine goes into default, an administrative fee will be added and steps will be taken to enforce your defaulted fine. For example, information may be provided to a consumer reporting agency and for certain offences, including, speeding your driver’s licence may be suspended.
If you wish to file an appeal on a Part I, II or III conviction, the following must be done within 30 days of the conviction date.
A transcript of the proceedings must be ordered at the POA office. This is a legal requirement pursuant to the Court of Justice Act, O.REG. 722/94 (rules of the Ontario Court (Provincial Division) in Appeals under Section 135 of the Provincial Offences Act) and O. REG. 723/94 (Rules of the Ontario Court (General Division) and the Ontario Court (Provincial Division) in appeals under Section 116 of the Provincial Offences Act).
Outstanding fine(s) relating to the charge(s) being appealed must be paid in full at the POA Office. This is a legal requirement.
If you are unable to pay the fine, proceed to the Appeal Court Office located at Old City Hall Room 7.
You will be required to file an Application to Waive Fine Payment known as a ‘Recognizance’. This application is heard before a Judge. If your application is granted, you will be required to enter into a recognizance in lieu of fine payment and the Appeal Court will accept your Notice of Appeal.
Proof of your transcript order (receipt and copy of the order) must accompany your ‘Notice of Appeal’ application, which the Appeal Court will review; without proof that you ordered a transcript and paid your fine(s) or entered into a recognizance the Appeal Court will not accept your application.
Perfecting your appeal:
Upon notification (from the POA office) that your transcript is ready for pick-up, the litigant and/or their legal representative must serve the prosecutor with a copy of the transcript within 30 days. The litigant then has 5 days to file proof of service with the Appeal Court.
This is a legal requirement under the Courts of Justice Act, Ontario Regulation 722/723.
Perfecting an appeal requires the following:
Serve the prosecutor’s office within 30 days from the date the POA office notifies you that your transcript is completed.
When you serve the prosecutors they will retain a copy of the transcript and date stamp, initial and acknowledge service on a second copy of your transcript, which will become the judge’s copy.
The served copy (which is the judge’s copy) is then filed with the appeal court office, who will schedule your appeal hearing date. The Court of Appeal must receive your filings no later than 5 days from the date you served the prosecutor.
Third copy of the transcript is kept by the litigant for your records.
Refer to the steps outlined above if you are granted an extension to file an appeal.
Failure to do so will result in the following:
If you do not pick up your transcript and perfect your appeal after 36 days from being notified that it is ready, the court office will advise the Appeal Court Office notice of the transcripts being ready was given and the transcript was not picked up.
The Appeal Court Office will list your case on an Appeal Court Abandonment List for a Judge to review and render a decision based on the information before him/her.
Extension of time to file an appeal:
If you do not apply for an appeal within the prescribed 30 days from the date of conviction, you will be required to file an application before the Court of Appeal requesting additional time to file your appeal.
If the application is granted, you will then be required to pay the fine(s) and order a transcript of the proceedings.
Outcomes of successful appeals:
- If you paid the fine and as a result of your appeal hearing today, the fine amount was reduced, please note the following:
- Once the appeal court office has informed the City of Toronto of the appeal court decision, the City will provide you with a refund. This amount will equal the difference between what you previously paid less the varied fine and any court costs that apply, including the victim fine surcharge
- If your case was referred to the Collection Agency prior to the appeal the collection agency cost is not refundable
- If you paid the fine and as a result of your appeal hearing today, you were acquitted, please note the following:
- The City of Toronto will provide you with a full refund
- If you do not receive your refund 120 days after your request, please contact the City of Toronto at 416-338-7320 or by e-mail at firstname.lastname@example.org
- If you paid the fine and as a result of your appeal hearing today, the fine amount stays the same, please note the following:
- You will not receive a refund and monies will be applied to the amount owing.