Tickets · Ontario Court of Justice
Form 102 Fillable Form: Reopening Application/Affidavit
People who fill out Form 102 also need
Also known as: POA 0801 · Affidavit in Support of a Request for Reopening · Reopening Affidavit Ontario · Strike Out Conviction Form · Provincial Offences Reopening
Contents
CONTENTS
When Form 102 is used
A ticket or summons under the Provincial Offences Act can end in a conviction without you ever appearing: the trial went ahead in your absence, or a notice never reached you. Section 11 of the Act lets you apply to have that conviction struck out if you missed your chance to be heard through no fault of your own. Form 102, file name POA 0801, is the application, and it is also a sworn affidavit.
You have 15 days from the day the conviction first comes to your attention. Paragraph 3 of the form asks for that date, so write the real date you found out, even if it was from a licence suspension letter.
Form 102 or Form 102.1
Use Form 102.1 when your municipality runs early resolution meetings with a prosecutor and the missed step was that meeting or its notice. Use Form 102 for everything else: a missed trial, an Offence Notice you never received, or a Notice of Trial that went to an old address. The court office handling your ticket can tell you which one it expects.
Filling in paragraphs 1 to 4
| Paragraph | What to write |
|---|---|
| Name and address | Your details as the defendant; the court may call or email you |
| 1. Conviction | Offence description, file number, offence date and conviction date from the ticket or notice |
| 2 (a) | You had no opportunity to dispute the charge at trial or to plead guilty with submissions |
| 2 (b) | You did not receive the Offence Notice or the Notice of Trial, and which option you now choose |
| 3. Date | The day the conviction first came to your attention |
| 4. Previous application | Tick only if you applied for a reopening before in the same matter |
The explanation is what the justice reads
Under 2 (a) and 2 (b) there is space to explain. Keep it factual: what happened, on which dates, and how you know. "I moved on March 1 and updated my address the same week; the notice went to my old address" is far stronger than "I never got it". You can attach evidence, such as a hospital discharge note or proof of a change of address, when you file.
Each explanation can be up to 500 characters, the amount that fits the official box. Longer evidence goes on a separate page you attach when you file.
Common reasons for a refusal
- Filing after 15 days. Count from the day you learned of the conviction and file quickly.
- Fault on your side. A notice you ignored is not "no fault of your own". Explain why you could not act.
- Wrong option under 2 (b). Choose the plea of guilty with submissions only if you want to plead guilty and speak to the penalty.
Swearing Form 102 by video
Press Book and Sign, choose a time, add your photo ID and pay. On the call you swear or affirm and sign as the defendant, and the commissioner completes "Sworn/Affirmed before me" on page 2. The sworn form is emailed to you, ready to file with the court office, by email or in person as it directs.
Already have it filled in?
Upload your own copy when you book and sign it with us by video.
FAQ
How long do I have to file Form 102?
15 days from the day the conviction first came to your attention, under section 11 of the Provincial Offences Act.
Who completes "For court use only"?
The clerk or a justice of the peace. Leave it empty.
Can someone swear it for me?
No. The defendant swears the affidavit.
Is this for parking tickets?
Many municipalities handle parking tickets with their own process. Ask the court office that issued the notice.
Do you tell me what to write?
No. We do not give legal advice. For help with the case itself, contact a licensed paralegal or a lawyer.
Can I download the filled form?
No. It is attached to your booking and sworn at your video appointment; the commissioned PDF is emailed to you afterwards.
We don't provide legal advice.