Traffic / Provincial OffencesFixed feeAppeals and reopening a conviction

Appeal of a traffic conviction (Part I or II)

Appealing a Provincial Offences conviction to the Ontario Court of Justice.

An appeal of a Part I or Part II conviction is usually due within 30 days of the decision; an application to reopen a conviction entered without a hearing is usually due within 15 days of learning about it. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Reviewing the conviction, the court record and the deadline
  • Ordering the transcript where an appeal needs one
  • Preparing and filing the notice of appeal, or the application to reopen
  • Preparing written arguments and representing you at the hearing, where your service includes it

What is not included

  • The fine, victim fine surcharge and court costs if there is a conviction
  • Insurance rate changes, which your insurer decides
  • An appeal, unless your service is an appeal
  • Criminal Code driving charges such as impaired driving, which are referred to a lawyer
  • Licence reinstatement and other government fees

Who this service is for

  • Drivers convicted after a trial or plea who want the decision reviewed
  • Someone convicted without knowing about the trial date
  • Anyone who has missed the time to appeal

Information to have ready

  1. 1The conviction notice or court record
  2. 2Any letters about the trial date and how you received them
  3. 3Your ticket and any disclosure
  4. 4The date you first learned of the conviction

Frequently asked questions

How much does it cost?

The fee is $900 plus 13% HST ($1,017.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.

What happens when I check out?

You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.

What is the difference between an appeal and reopening?

Reopening asks the court to strike out a conviction entered without a hearing, for example when you never received notice of the trial. An appeal asks a judge to review a decision made after a trial or a plea.

Can I appeal after the deadline?

You may ask the court to extend the time to appeal. The court usually looks at the reasons for the delay and whether the appeal raises a real issue.

Can a paralegal handle a traffic appeal?

Yes, for Part I and Part II convictions, which are appealed to the Ontario Court of Justice. A Part III appeal goes to the Superior Court of Justice when the trial was before a judge, and an appeal in that court is referred to a lawyer.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed; a withdrawal, reduction or acquittal is never certain
  • The court, not the firm, sets trial dates and decides the result
  • Bring in your ticket early so the deadline on it can be met
Law Society of Ontario — Barreau de l'Ontario
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