Fail to Remain: Hit and Run Charges in Ontario

The short answer

If you are involved in a collision, the law requires you to stop, give your name and address, and offer help to anyone who needs it. Failing to do so can be a criminal offence under s. 320.16, often called a hit and run. The penalty depends on whether you knew, or were reckless about whether, someone was hurt or killed. Many of these cases turn on what the driver actually knew at the time. See our dangerous driving page for an overview.

What the law requires

• Stop: You must stop your vehicle at the scene.
• Identify yourself: You must give your name and address.
• Offer help: You must offer help to anyone who is hurt or appears to need help.

What the Crown must prove

Three levels of the offence

Failing to stop (s. 320.16(1))

• Penalty: The maximum is 10 years, with no minimum for a first offence.

Knowing of bodily harm (s. 320.16(2))

• Penalty: The maximum is 14 years, with a minimum $1,000 fine for a first offence.

Knowing of death (s. 320.16(3))

• Penalty: The maximum is life, with a minimum $1,000 fine for a first offence.

The court may also order a driving prohibition (s. 320.24).

Criminal Code or Highway Traffic Act?

The Highway Traffic Act also requires drivers to stay at the scene. Police usually use the provincial charge for minor incidents, such as damage to a parked car. The Criminal Code charge is more common when someone is hurt, or when police believe the driver fled on purpose.

What happens after you are charged

1. Identification: Police often identify the vehicle through video, a licence plate or damage, and then contact the registered owner.
2. Release: Most people are released with conditions, which may include a driving ban.
3. Disclosure: The Crown provides video, damage reports, witness statements and phone records.
4. Resolution or trial: Many cases turn on knowledge or identity, while others resolve with a provincial charge.

The evidence in a typical case

Police often rely on traffic and business cameras, dashcam footage from other drivers, paint transfer and vehicle damage, and witness descriptions. Phone location records and vehicle data may also show where a car was at a certain time. However, owning the vehicle does not prove who was driving it, and minor damage does not always show that the driver knew a collision had happened.

Possible defences

• No knowledge: You did not know a collision happened, such as a minor contact you did not feel or hear.
• Reasonable excuse: You left because of a real safety risk and went to police promptly.
• You did stop: You stopped and identified yourself as the law requires.
• Identity: Owning the vehicle is not enough, so the Crown must prove you were driving.
• Video and data: Dash cameras, traffic cameras and phone records may support or undermine the Crown's case.

For example, a driver who left a tense scene after being threatened, then called police from a safe place, may have a reasonable excuse.

Effects beyond the sentence

Because even the basic offence carries a 10-year maximum, a conviction can make a permanent resident inadmissible for serious criminality. A conviction also brings an Ontario suspension of at least 1 year after a first conviction, with longer suspensions for repeat convictions, along with serious insurance consequences. A discharge, where available, can also affect your licence, so get advice before you resolve the case.

What to do now

• Do not speak to police about the collision before you get legal advice, even if they contact you as the registered owner.
• Do not repair the vehicle or dispose of damaged parts, because that can look like hiding evidence.
• Keep any dashcam footage, phone records and messages from the time of the incident.

Why people leave the scene

People leave collision scenes for many reasons: some do not realize they hit anything, others panic or fear for their safety, and some believe the damage is too minor to matter or leave because they have no licence or insurance. The reason does not always provide a defence, but it can affect how the Crown views the case. It can also affect whether a provincial charge is a better fit.

Possible outcomes

Insurance and civil claims

If someone was hurt or property was damaged, the other driver or their insurer may make a civil claim against you. Leaving the scene can also cause problems with your own insurance coverage. These issues run separately from the criminal case, but what you say in one can affect the other, so get advice before speaking to any insurer.

Knowledge and recklessness

The Crown does not have to prove that you were certain a collision happened. It is enough if you were aware of a real risk that you had hit something or someone and chose to drive away without checking. This is called recklessness, and it is often the central issue in cases where the contact was minor or happened at night, so the details of what you could see and hear at the time can be very important.

How we can help

We can review the video and data, test what you knew and advise you before you speak to police. Call (647) 223-1980 for a free consultation.

Frequently asked questions