A summons, also known as a Summons to Witness” or “subpoena”, is a formal court document requiring a person to appear before the Ontario Court of Justice to answer a provincial offence charge. In Ontario, summonses are issued under the Provincial Offences Act (POA). According to section 3(3) of the POA, a summons must be served within 30 days after the alleged offence occurred.

While a summons is considered a type of ticket, unlike a ticket that may allow payment of a set fine, a summons requires the person charged (or someone on their behalf such as a lawyer or licensed paralegal), to attend court at the date, time, and location specified on the document.

A summons is a legal obligation to appear in court; therefore, it is an offence to fail to appear in court. If you have received a summons, it usually means you have been charged with a serious offence, such as failing to remain at the scene of an accident or driving with no insurance. The penalties for these offences area are severe, usually a fine of between $500 and $5000, or licence suspensions, or jail sentences. In cases like these, it is a good ideal to contact a lawyer for assistance.

If the summons is for a lesser charge, you may be able to appear on your own but be sure to prepare your case. Refer to Responding to a summons at court for more information.

What information is on a summons?

A summons typically includes:

• The name of the person charged;
• The offence and statute allegedly violated;
• The date, time, and location of the court appearance:
  • In person (courthouse address and courtroom number), or
  • It may also include information about how to appear by video.
• The signature of a justice of the peace authorizing the summons.

Unlike most tickets, a summons does not provide an option to simply pay a fine instead of attending court. If you receive a summons, you (or someone on your behalf, where permitted) must attend court at the time and place shown on the summons.

More information

For more information about preparing and what to expect after receiving a summons, refer to the Ontario Court of Justice Guide for Defendants in Provincial Offences Cases.

								
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