What Happens If You Miss a Court Date in Ontario

Sara Santos-Vigneault
Feb 8
3 min read

Written by: Sara Santos-Vigneault

Date: March 2, 2026

Man in a kitchen reads a document, looking concerned. A plate with croissants and apples is on the table. Cabinets have sunflower decor. — Photo by Vitaly Gariev on Unsplash

Why Court Dates Matter in Ontario

Court dates in Ontario are legally binding. When a court schedules an appearance, the parties involved are expected to attend unless the court has excused them in advance. Attendance allows the court to manage cases fairly, hear evidence, and make decisions based on proper participation.

Missing a court date does not have the same consequences in every situation.

What happens next depends on the type of proceeding, the court or tribunal involved, and the role of the person who failed to appear.

General public information about Ontario courts is available through the Ontario Court of Justice website [4].

Missing a Court Date in a Criminal Matter

In criminal proceedings, attendance is taken very seriously. Most criminal matters in Ontario are heard in the Ontario Court of Justice.

If an accused person fails to attend a scheduled court appearance, the court may:

Issue a bench warrant for the accused’s arrest
Proceed with certain steps in the case in the accused’s absence
Treat the failure to appear as a separate offence under the Criminal Code [1]

Whether a warrant is issued and how the case proceeds depends on the circumstances and the stage of the matter. Courts generally expect accused persons to attend all required appearances unless the court has directed otherwise.

Public information about criminal court proceedings, including attendance expectations, is available through the Ontario Court of Justice [3].

Missing a Court Date in Small Claims Court

Civil matters in the Small Claims Court operate differently from criminal cases, but attendance remains important.

If a party does not attend a scheduled court date, such as a settlement conference or trial, the court may:

Proceed in that party’s absence
Dismiss a claim
Grant a default judgment against a defendant who fails to appear

Small Claims Court decisions are based on the evidence before the court. When a party does not attend, they lose the opportunity to participate in the process and respond to the other side’s evidence [2].

Public legal information about Small Claims Court procedure is provided by the Government of Ontario [7].

Man in white shirt sits at a kitchen table reading a paper, looking pensive, stressed. Surrounding him are baked goods, cups, and kitchen items. — Photo by Vitaly Gariev on Unsplash

Missing a Court Date in Family or Other Civil Court Matters

In family and other civil proceedings before the Superior Court of Justice, missing a court date can also have consequences.

Depending on the type of appearance and the circumstances, the court may:

Proceed without the absent party
Make procedural or substantive orders
Record the failure to appear in the court file

Adjournments are not automatic, and courts expect parties to respect scheduled appearances unless permission not to attend has been granted [5][6].

Missing a Hearing Before an Administrative Tribunal

Administrative tribunals in Ontario, such as the Landlord and Tenant Board and the Human Rights Tribunal of Ontario, also require parties to attend scheduled hearings.

If a party does not attend a tribunal hearing, the tribunal may:

Proceed in the party’s absence
Dismiss an application
Decide the matter based on the evidence available

Each tribunal operates under its own enabling legislation and procedural rules. Public information for these tribunals is available through Tribunals Ontario and Social Justice Tribunals Ontario [8][9][10].

Differences Between Courts and Tribunals

Courts and tribunals are distinct decision-making bodies with different mandates and procedures. Courts generally operate under broader statutory frameworks, while tribunals are governed by specific legislation that defines their authority and processes.

Despite these differences, attendance requirements are taken seriously across both systems. Failing to attend a scheduled appearance can affect how a matter proceeds and what decisions are made.

Conclusion

Missing a court date in Ontario is more than a scheduling issue. Courts and tribunals set appearance dates because they are how cases move forward and decisions get made.

Legal processes can feel unfamiliar, especially for people encountering the court system for the first time.

Knowing how court dates fit into that process helps explain why attendance matters and how decisions are reached, and can bring structure to what might otherwise feel overwhelming.

When someone does not attend, the process does not simply pause. In many situations, it continues without them.