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Form 102.1 Fillable Form: Reopening Application/Affidavit (Early Resolution)

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The defendant named on the ticket or summons. The court may contact you by this phone or email.

Copy these from your ticket, the conviction notice or the court's letter.

Paragraph 2 of the form. Choose the reason that fits; it was through no fault of your own.

What happened?
The document I did not receive

Say how you know it, with dates. Other evidence can be attached when you file.

For example, the date of a letter, a licence suspension notice or a call from the court.

Signatures and the notary's part are completed during your video call. They are not on this form, and you don't need to fill them in.

Next: choose a time, add your photo ID and pay. The document is attached for you.

People who fill out Form 102.1 also need

Also known as: POA 0876 · Early Resolution Reopening Form · Reopening Application Early Resolution · Form 102.1 Ontario · Strike Out Conviction Early Resolution

Contents

CONTENTS

Early resolution and reopening

In many Ontario municipalities a person who disputes a ticket is first offered an early resolution meeting with a prosecutor. If you were convicted because you missed that meeting, or because the Early Resolution Meeting Notice, the Offence Notice or the Notice of Trial never reached you, Form 102.1 is the version of the reopening affidavit written for that process. Its file name is POA 0876.

It asks the same core questions as Form 102, but its options are an early resolution meeting or a trial instead of a guilty plea with submissions.

The choices in paragraph 2

IfTick
You could not attend the trial or the meeting2 (a): dispute the charge at trial, or attend an early resolution meeting
The Offence Notice never reached you2 (b): Offence Notice, then early resolution or the trial option
The meeting notice never reached you2 (b): Early Resolution Meeting Notice
The trial notice never reached you2 (b): Notice of Trial

Choosing the meeting does not give up the trial

The form says so in bold: choosing early resolution does not take away your right to a trial. If the meeting does not resolve the ticket, it can still go to trial. In either case you may be convicted in your absence if you do not attend, so make sure the address and email on page 1 are the ones you check.

Before you swear it

  1. The wrong version. If your municipality does not use early resolution, file Form 102 instead.
  2. No dates in the explanation. Say when the notice should have arrived and why it did not.
  3. The 15 days have passed. The Act counts from the day the conviction came to your attention. File as soon as you can.

Swearing Form 102.1 by video

Book a time, show your photo ID on the call, then swear or affirm and sign as the defendant. The commissioner completes the jurat at the top of page 2. The sworn affidavit is emailed to you to file with the court office for your ticket.

FAQ

What is the difference between Form 102 and 102.1?

Form 102.1 is for the early resolution process: its options include an early resolution meeting with a prosecutor.

Where do I file it?

With the Provincial Offences court office that handles your ticket, as that office directs.

Will I get a new meeting date?

If the reopening is granted, the court sends notice of the meeting or the trial to you and the prosecutor.

Can I swear it the same day?

Online booking is open around the clock, and the next free time is shown on the booking page.

Do you represent me at the meeting?

No. We only commission the affidavit. We do not give legal advice.

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.

READY WHEN YOU ARE

Fill in Form 102.1 and swear it by video

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