Ontario · Fail to Remain · Toronto
Fail to Remain Charge in Toronto
Charged with fail to remain after a collision in Toronto? This carries 7 demerit points — the maximum for any single offence in Ontario — plus jail exposure. Understand what's actually at stake before you do anything else.
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Fail to Remain in Toronto — how it actually works
A fail-to-remain charge under s.200 of the Highway Traffic Act can follow a collision anywhere in Toronto — on a 400-series highway with the OPP, or on the DVP, the Gardiner, or a city street with Toronto Police Service. It's heard at whichever of the city's three Provincial Offences courts serves that area. There is no fine to simply pay — you're served with a summons and the matter goes to court.
This is one of the most serious Highway Traffic Act charges: 7 demerit points, the maximum for any single offence, a licence suspension of up to two years, and jail exposure of up to six months. How fail-to-remain charges are defended in Ontario covers the full penalty structure and where a genuine defence exists.
Given the density of dashcam and municipal camera coverage across Toronto, video evidence resolves a meaningful share of these files one way or the other — worth locating before assuming a charge is unanswerable.
In our experience
A significant share of the Toronto fail-to-remain files we see come from dense downtown or laneway contact, where dashcam and municipal camera footage increasingly settles what actually happened — sometimes in the driver's favour, sometimes not.
What clients in Toronto say
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Fail to Remain in Toronto — questions we get
How many demerit points is fail to remain in Toronto?
Seven — the maximum for any single offence under the Ontario demerit system, at any of Toronto's three courts. For a fully licensed driver, 15 points results in suspension.
Which of Toronto's three courts hears a fail-to-remain charge?
Whichever one serves the area where the collision occurred — Toronto South (92 Front St E), Toronto East (1530 Markham Rd), or Toronto West (2700 Eglinton Ave W). It's printed on your summons, not decided by where you live.
Is fail to remain in Toronto a criminal charge?
Not under s.200 of the Highway Traffic Act — that's provincial. The Criminal Code has a separate, more serious failure-to-stop offence under s.320.16. Which is laid depends on the circumstances, particularly whether the Crown alleges an intent to avoid liability.
Related pages
This may not be the whole picture — here's how we handle other charges in Toronto, and how Fail to Remain plays out in other Ontario cities.