Receiving a summons in Ontario can be a stressful experience, especially if you’re unfamiliar with the legal process. This guide aims to demystify what a summons is, why you might receive one, and the appropriate steps to take if you do.
What Is a Summons?
A summons is a formal legal notice issued by a court in Ontario that orders you to appear in court at a specific date, time and place, often to answer a complaint or charge. A summons serves as an official notification that you are being sued or is required to appear in court for a legal matter.
Unlike a standard ticket, which may allow you to pay a fine online or by mail, a summons requires your attendance in court. Ignoring a summons can lead to serious consequences, including a warrant for your arrest.
In civil cases, a summons informs you that a lawsuit has been filed against you and gives you a specific timeframe to respond or appear in court.
In criminal cases, a summons can be used instead of an arrest warrant for minor charges, allowing you to appear in court to answer the charges without being arrested.
Why Might You Receive a Summons?
You could receive a summons for various reasons, including:
- Serious Traffic Offenses: Such as careless driving or driving without insurance.
- Provincial Offenses: Including violations under the Highway Traffic Act, Liquor Licence Act, or Trespass to Property Act.
- Municipal By-Law Infractions: Like noise violations or property maintenance issues.
- Repeated Offenses: If you’ve committed the same offense multiple times, authorities may issue a summons instead of a ticket.
In some cases, a summons may also be issued to compel you to testify as a witness in a legal proceeding.
How Is a Summons Delivered?
A summons must be properly served to you, meaning it must be delivered to you in a way that meets legal requirements. A summons can be served in several ways:
- Personal Service: Delivered directly to you by a process server or law enforcement officer.
- Registered Mail: Sent to your last known address.
- Alternative Methods: In certain circumstances, courts may allow service via email or other means.
It’s crucial to note that once a summons is served – regardless of the method – you’re legally obligated to comply.
What Should You Do If You Receive a Summons?
Read the Summons Carefully: It will detail the nature of the offense, the court location, and the date and time you must appear.
Mark Your Calendar: Missing your court date can result in a trial proceeding in your absence or a warrant being issued for your arrest.
Consider Legal Representation: Depending on the severity of the offense, you may want to consult a lawyer or paralegal. They can advise you on the best course of action and may represent you in court.
Decide on Your Plea:
- Plead Guilty: You admit to the offense and accept the penalty.
- Plead Not Guilty: You contest the charge, leading to a trial where evidence will be presented.
Request Disclosure: If you plead not guilty, you have the right to see the evidence against you. Contact the court office to request this information.
Attend Court: On the specified date, arrive early, dress appropriately, and be prepared. If you have legal representation, they may advise you on whether your presence is necessary.
Consequences of Ignoring a Summons
Failing to respond to a summons can have serious repercussions:
- Ex Parte Trial: The court may proceed without you, potentially resulting in a conviction.
- Arrest Warrant: A warrant may be issued for your arrest.
- Additional Charges: You could face further legal consequences for failing to appear.
Penalties for Not Responding to a Summons in Ontario (With Real-Life Examples)
Ignoring a court summons in Ontario is not just a bad idea – it’s a legal offence with potentially serious consequences. Even if the original issue seems minor, failing to show up when summoned can quickly escalate into a far more severe situation.
Here’s what could happen if you don’t respond to a summons:
1.
The Court Can Proceed Without You
If you fail to appear, the judge can still hear the case in your absence. This is called an ex parte trial. You won’t be there to explain or defend yourself, and the court can issue a conviction and fine based solely on the officer’s or prosecutor’s evidence.
Example:
In Mississauga, a man charged with driving without insurance ignored a summons thinking he could “deal with it later.” The court proceeded without him and fined him over $5,000, plus added a license suspension. He didn’t even know until his insurance company flagged it during renewal.
2.
A Warrant for Your Arrest May Be Issued
Failing to appear in court when required can lead to a bench warrant. This means police can arrest you anytime – even during a routine traffic stop or passport renewal.
Example:
In Hamilton, a woman who failed to appear for a municipal by-law infraction (an unlicensed home daycare complaint) had a warrant issued. She was later arrested during a roadside police check on her way to work. She spent the night in holding before appearing before a justice the next morning.
3.
You Could Face Additional Criminal Charges
If you skip court without a valid reason, you may be charged with “Failure to Appear,” a separate and serious offence. This charge can carry a criminal record, making travel, employment, and immigration applications more complicated.
Example:
A Brampton man who missed court for a traffic summons was charged with failure to appear. Although his original ticket was minor, he now has a criminal record due to the new charge. That one missed court date now follows him on background checks.
4.
Driver’s License Suspension
For charges under the Highway Traffic Act, failing to appear can trigger an automatic conviction. That often comes with an automatic driver’s license suspension, which you may not find out about until you’re pulled over.
Example:
A college student in London, Ontario ignored a careless driving summons. She was convicted in absentia, and her G2 license was suspended. She didn’t know until police pulled her over and impounded her car, leaving her stranded.
5.
Fines and Fees Can Multiply
Not only will you miss your chance to fight the charge, but the resulting conviction will likely include higher fines, court costs, and administrative fees. You may even be required to pay for the cost of a warrant being issued.
Bottom Line: Don’t Ignore a Summons
Even if the matter seems small, it’s never worth the risk of arrest, extra charges, or a permanent criminal record. If you receive a summons in Ontario:
- Read it carefully
- Don’t miss the court date
- Get legal advice if needed
- Show up – on time and prepared
If life gets in the way and you can’t make your court date, contact the court immediately. You may be able to reschedule or request an adjournment. Ignoring it won’t make it go away – it will only make things worse.
Does Missing a Summons Affect Your Credit Score in Ontario?
Generally, missing a court summons itself does not directly impact your credit score. The court system and credit reporting agencies like Equifax and TransUnion don’t usually communicate with each other about legal attendance.
However, here’s where things get tricky:
Indirect Ways It Can Affect Your Credit:
- Unpaid Fines Sent to Collections: If you’re convicted in absentia (the court proceeds without you) and fined, and you don’t pay that fine, the unpaid amount can eventually be sent to a collections agency. This will show up on your credit report and can significantly lower your score.
- License Suspensions Due to Missed Summons: f your driver’s license gets suspended because you missed your court date for a traffic offense and you continue driving, any additional penalties (towing, impound fees, or criminal charges) can lead to financial strain. If these debts go unpaid, they could also reach collections.
How Missing a Summons Affects Your Car Insurance Premiums in Ontario
Yes – this can definitely affect your insurance. Here’s how:
Automatic Convictions = Higher Risk in Insurer’s Eyes
If you miss your summons and are convicted in your absence, that conviction will appear on your driving record. Infractions like careless driving, stunt driving, or driving without insurance can remain on your abstract for 3+ years – and insurance companies check this.
License Suspension = Major Red Flag
- A suspension triggered by a missed summons (even for a non-criminal matter) signals to your insurer that you’re a higher-risk driver. This can lead to:
- Increased premiums (sometimes doubled or more)
- Difficulty renewing your current policy
- Being forced into high-risk insurance pools
Failure to Appear Charge = Criminal Record
If you’re criminally charged with “failure to appear,” it goes beyond traffic insurance—this can affect life, health, or tenant insurance applications as well. Criminal history is a disclosable factor for many providers.
Key Takeaway
- A missed summons might not immediately hurt your credit score—but unpaid fines related to it can.
- Your insurance rates will likely go up if you’re convicted because you didn’t show up in court.
- A single missed court date can snowball into long-term consequences—legal, financial, and reputational.
Tips for Handling a Summons
- Stay Organized: Keep all documents related to the summons in a safe place.
- Seek Legal Advice: Even for minor offenses, professional guidance can be invaluable.
- Communicate: If you have conflicts with the court date, contact the court office immediately to discuss rescheduling.
- Prepare: Gather any evidence or documentation that may support your case.
Conclusion
Receiving a summons in Ontario is a serious matter that requires prompt and appropriate action. By understanding what a summons entails and following the steps outlined above, you can navigate the legal process more effectively and protect your rights.
If you’re unsure about any aspect of your summons or legal obligations, consult a qualified legal professional for personalized advice.
Note: This article is for informational purposes only and does not constitute legal advice.
