Your Guide to an Affidavit in Support of a Request for Reopening

Key Takeaways

• An Affidavit in Support of a Request for Reopening seeks permission from a judge to reopen a trial following a default conviction.
• Reopenings apply only to default convictions and provide defendants with an opportunity to attend the new trial.
• The defendant must file an Affidavit in Support of a Request for Reopening within 15 days of learning about their default conviction.
• The court will only accept a commissioned Affidavit in Support of a Request for Reopening.
• NotaryPro can provide the Affidavit in Support of a Request for Reopening and the required online notary services.

What is an Affidavit in Support of a Request for Reopening?

An Affidavit in Support of a Request for Reopening is a commissioned document that simply asks a judge (or justice) their permission to have a trial, since you were convicted by default. If you have been convicted of a provincial offence without going to trial, you can request a reopening. 

Often, default convictions occur because:

• you did not request a trial; or
• you did not receive a notice of trial; or
• you did not attend your trial.

What’s the difference between a reopening and an appeal?

Reopenings are different from appeals. For something to need an appeal, this means a trial has been held and you have already been convicted. However, default convictions can be appealed when no trial has been held. Either way, an appeal argues that you shouldn’t have been convicted. Appealing also takes your case to the next court level; a judge can overturn your conviction or order a new trial.

Reopenings are a bit different. For you to require a reopening, this means you were convicted “in absentia”, meaning you were not present when the court convicted you by default. A reopening asks the court to hold another trial so that you can attend. 

Most importantly, reopenings are only available for default convictions.

How do I file a request for reopening?

If you have been convicted for an offence through no fault of your own, and are within 15 days of learning of your conviction, you may file for a reopening. Here’s how:

• Attend the court house where your hearing date was scheduled
• Complete the appropriate court forms for submission and review by a Justice of the Peace
• Swearing or affirming an Affidavit in Support of a Request for Reopening can be done online with NotaryPro 

To check the status of a re-opening:

• Contact [email protected] or calling 416-338-7320
• Check Court Case Look Up

An Online Notary Solution Can Help

While your notary won’t be able to offer you legal advice, they play an especially important role in the reopening process. In order for this document to be recognized and processed by the provincial court, it must be commissioned. 

For reopenings, time is of the essence. Enlisting an online notary service can be the fastest way to complete an Affidavit in Support of a Request for Reopening. An online notary appointment can take as little as 10 minutes to complete, and can be done fully remotely from the comfort of your home.

NotaryPro’s Convenient Online Notary Services

At NotaryPro, we’re able to help you get your document commissioned quickly and easily online. You’ll be able to find the Affidavit in Support of a Request for Reopening on our website. When you’re ready to complete your document, book an appointment with us online or in-person for prompt, friendly service.