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Reopening Application/Affidavit

If you are requesting a reopening on multiple tickets, you must submit a separate application for each ticket. This form can only be filed for tickets issued in the Durham Region with ICON code 2860.

Do not use this form for Parking Ticket Reopenings. You must fill out a Parking Reopening Application.

REOPENING APPLICATION/AFFIDAVIT (EARLY RESOLUTION/TRIAL)

ONTARIO COURT OF JUSTICE
PROVINCE OF ONTARIO

Under subsection 11(1) of the Provincial Offences Act

Form 102.1
Courts of Justice Act
R.R.O. 1990
Reg. 200

I, (name)

Email Address

of, (street number) (street name)

(apt number)

(municipality)

(postal code)

Phone Number

make an application to strike out the conviction entered against me. In support I confirm and assert as follows:

1. I was convicted without a hearing of

Offence Description

File No.

Statute

Section

Offence Date

Conviction Date

2. Through no fault of my own, (choose (a) or (b) and provide an explanation)

(a) I did not have the opportunity to (check the appropriate box):

dispute the charge at trial, or

attend an early resolution meeting

If you select option (a) above, explain or attach other evidence or information to be relied upon in support of your application.

OR

(b) I did not receive delivery of a notice or document relating to the offence, namely (check the appropriate box):

Offence Notice

Early Resolution Meeting Notice

Notice of Trial

And I wish to exercise one of the following options:

Early Resolution - Meet with the Prosecutor (by choosing this option you do not forego the right to trial). NOTE: You may be convicted in your absence if you do not attend the scheduled meeting

Trial Option: I intend to appear in court to enter a plea of not guilty at the time and place set for the trial. NOTE: You may be convicted in your absence if you do not attend the trial.

If you select option (b) above, explain or attach other evidence or information to be relied upon in support of your application.

Attach other evidence, if needed

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Allowed extensions pdf, doc, docx, xls, xlsx, jpg, jpeg, gif, png, tif

3. The conviction first came to my attention on

Check the below box if it applies

4. I have made a previous application for reopening in relation to this matter.

Electronic Signature Acknowledgement

I am confirming that I am the defendant named in the reopening application and I am agreeing that my typed signature is the equivalent to my handwritten signature. I also acknowledge that by signing the affidavit, I am agreeing that all information contained herein is true and correct.

Typed Signature of Defendant

^{NOTE: Section 86 of the Provincial Offences Act provides: E}^{very person who makes an assertion of fact in a statement or entry in a document or form for use under this Act knowing that the assertion is false is guilty of an offence and on conviction is liable to a fine of not more than $2,000.}^{Subsections 11 (2) and (3) authorize the clerk of the court or justice to strike out a conviction on affidavit of the defendant or on other evidence or information that through no fault of the defendant, the defendant was unable to participate in the proceeding.}
The court may contact you regarding this application using the phone number or e-mail address provided.

Personal information provided to the Regional Municipality of Durham is only used for the purposes of processing your application. The information collected is subject to and handled in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and the Provincial Offences Act. Questions about this collection may be directed to the Access and Privacy Office by email at foi@durham.ca; by mail at 605 Rossland Road East, Whitby, ON, L1N 6A3; or by telephone at 905-668-7711, extension 2204 (for FOI information only - not for court related inquires). If you require assistance with this form, please contact the court office at 905-668-3130 or toll-free at 1-866-779-8839.

If the reopening is granted and you need an interpreter at your trial or early resolution date, specify the language below (leave blank if inapplicable):