Failing to Remain
Ontario Provincial Offences
If you are involved in a collision, it is important to remain at the scene and contact the police. You must exchange information with all other drivers involved, including your name, address, driver’s license number, and insurance information. If you are unable to remain at the scene due to an emergency, you must return as soon as possible and provide the necessary information to the police.
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Failing to Remain Offence in Ontario
Nobody wants to be in a car accident, and hopefully you will never have to experience one. But if you do, you must remain at the scene. Failing to remain at the scene of an accident in Ontario is an offence which can result in serious consequences.
In Ontario, the Highway Traffic Act states that if you are involved in a collision, you must remain at the scene until the police arrive and have given permission to leave. You must provide your name, address, and insurance information to any other drivers involved in the collision, and the police. You must also show your driver’s licence, and provide a breath sample if the police ask you to do so.
Failing to remain at the scene of an accident is considered a serious offence in Ontario. The penalty for this offence can include up to a $2,000 fine, six months in jail, or both. If the accident resulted in a death or injury, the penalty can be even more severe.
If you are involved in a collision, it is important to remain at the scene of the accident no matter how minor the damage may be. Even if you believe the damage to be minor, it is important for the police to investigate the scene and to collect all the facts. Failing to remain at the scene of an accident can have serious consequences and should be avoided at all costs.
Your Options for Defense
If you find yourself in the unfortunate situation of being involved in an accident in Ontario, you may be wondering what defences are available to you if you fail to remain at the scene. It is important to understand that leaving the scene of an accident without fulfilling your legal obligations is a criminal offence.
Under Ontario’s Highway Traffic Act, if you are involved in an accident, you are legally obligated to stop and remain at the scene, provide your name, address and other pertinent information to the other party, as well as contact the police. If it is found that you did not fulfil these obligations, you may be liable to prosecution.
If you are charged with failing to remain at the scene of an accident, there are a few defences that may be available to you. One defence is that you did not have the capacity to remain at the scene. This could mean that you were physically incapacitated or that you were too emotionally distraught to fulfill your legal obligations.
Another defence is that you had a reasonable excuse for not remaining at the scene. This defence is very fact specific, and it is important to be able to provide a reasonable explanation as to why you did not remain at the scene.
It is also possible to raise a defence of duress. This would be the case if you left the scene of the accident because you were in fear of your safety or the safety of others. This defence can be difficult to prove, and it is important to be able to provide evidence to back up this assertion.
Finally, if you can demonstrate that your failure to remain at the scene of the accident did not cause any harm, you may be able to raise a defence of no consequence. This defence essentially argues that the harm resulting from your failure to remain at the scene was negligible and that there was no need for you to stay.
In summary, if you are charged with failing to remain at the scene of an accident in Ontario, there may be a few defences available to you. It is important to understand the specifics of each defence and to be able to provide evidence to back up your assertions. If you find yourself in such a situation, it is best to consult our team at Cordaie Paralegal Services to determine the best course of action. Schedule your free consultation at
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Failing to Remain
Some important information you should know about failing to remain.
Failing to Remain: Highway Traffic Act & Criminal Code of Canada
The act of failing to remain, also referred to as hit and run, falls under section 200 of the Highway Traffic Act. As a general rule, Ontario drivers are supposed to remain at the scene of an accident when it occurs when they have been in an accident. The driver information must also be exchanged at that point, as well as assistance to anyone who has been injured.
In certain situations, it may be possible for you to be held criminally or civilly liable for leaving, depending on the circumstances. This is known as failing to stop at the scene of an accident in the Criminal Code. Depending on your intent and the damages you caused, you may face a more serious criminal punishment. Additionally, unlike the HTA, it does not have to occur on a roadway.
Failing to Remain: Penalties
A conviction for fail to remain carries the following penalty:
- A total of seven demerits
- A fine ranging from $400 to $2,000
- Up to a two-year suspension of your driver's license
- Up to six months imprisonment
- Insurance premium increase
- *Careless driving (HTA) or dangerous operation of a motor vehicle (Criminal Code)
- *Failure to report an accident (three demerit points)
*There are usually two or more additional charges in addition to the above penalties
Procedure for Accident without Injuries or Bodily Harm
In accordance with the Highway Traffic Act, you must:
- When an accident occurs, remain at the scene or return immediately (if you have already left)
- In the event of a collision, assist (if necessary)
- Determine the extent of the damage
- Property damage exceeding $2,000 should be reported to the police
- A police officer or anyone sustaining loss or injury should be provided with the contact information (phone number, name, address, etc.) of the registered owner of the vehicle, the driver's licence number, and the vehicle permit number
Procedure for Accident with Injuries or Bodily Harm
Per the Highway Traffic Act, you must:
- When an accident occurs, remain at the scene or return immediately (if you have already left)
- In case of personal injury/injuries, call the police
- In the event of a collision, assist (if necessary)
- Determine the extent of the damage
- Property damage exceeding $2,000 should be reported to the police
- A police officer or anyone sustaining loss or injury should be provided with the contact information (phone number, name, address, etc.) of the registered owner of the vehicle, the driver's licence number, and the vehicle permit number
Frequently Asked Questions
Here are answers to some common questions.