“Hit and Run” is the term most people use when they call us for a “fail to remain” or “fail to stop” charge under the Criminal Code. “Hit and Run” is not an actual offence. Rather the offences for not remaining at the scene of an accident are “Fail to Remain” under the Highway Traffic Act and “Failure to Stop” under the Criminal Code. The Highway Traffic Act and the Criminal Code provide as follows:

The Highway Traffic Act

Duty of person in charge of vehicle in case of accident

200 (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

  • ( a ) remain at or immediately return to the scene of the accident;
  • ( b ) render all possible assistance; and
  • ( c ) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number. R.S.O.1990, c.H.8, s.200 (1); 1997, c.12, s.16.

Penalty

(2) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition the person’s licence or permit may be suspended for a period of not more than two years. 2009, c. 5, s. 54.

Notification of damage to trees, fences, etc.

201 Every person who, as a result of an accident or otherwise, operates or drives a vehicle or leads, rides or drives an animal upon a highway and thereby damages any shrub, tree, pole, light, sign, sod or other property on the highway or a fence bordering the highway shall forthwith report the damage to a police officer. R.S.O. 1990, c. H.8, s. 201.

The Criminal Code

Failure to stop at scene of accident

252 (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

  • ( a ) another person,
  • ( b ) a vehicle, vessel or aircraft, or
  • ( c ) in the case of a vehicle, cattle in the charge of another person,

and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Punishment

(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

We can help you if you’ve been charged with Fail to Remain under the Highway Traffic Act or if you’re charged with Failure to Stop under the Criminal Code provided the Crown prosecutor is proceeding by Summary Conviction. Speak to one of our paralegals to find out if we can help you.*

If you’ve been involved in an accident and the police want to speak with you, you should call a lawyer and get some legal advice. We recommend Neuberger&Partners who can be reached at (416)364-3111.

Disclaimer: *Paralegals can only represent you on a Failure to Stop charge under the Criminal Code where there is no bodily harm and the Crown prosecutor is proceeding by Summary Conviction. You will need to talk to us to determine whether we can help you or not.

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