Where to file your application?

If you have been found guilty by default AND you were not aware that the statement of offence was served to you, you may file an application for reduction of costs with the Municipal Court at which the judgment was rendered.

Deadline for filing your application

You must file your application within 15 days of the date on which you acquired knowledge of the judgment convicting you. If this 15-day period has expired, you may apply to be relieved of the consequences of your delay, by stating, in paragraph 3 of the form, the reasons for which you were unable to file your application within the prescribed period.

Costs payable (following the tariff of court costs in penal mater of the year in course)*

You must pay costs* (payable in cash, by money order or certified cheque) to the clerk when filing your application for reduction of costs. The judge who grants or dismisses your application may or may not impose other costs. The costs that you may be required to pay are set by regulation*.

Application

Fill in the top portion and state in the lower portion the allegations and conclusions of your application.

Top portion

• Enter the number of the court office file and the number of the statement of offence appearing on the notice of judgment or on the writ of execution;
• Enter your full name, date of birth, address, postal code and phone number in the space reserved for the applicant.

Allegations

Paragraph 1

• Enter the date of conviction and the sentence you were condemned as indicated in the notice of judgment, in the writ of execution or in the minutes of trial.

Paragraph 2

• Enter the date on which you acquired knowledge of the judgment convicting you.

Paragraph 3

• Fill in this part only if your application for reduction of costs is being filed after the expiry of the 15-day period following the date on which you acquired knowledge of the judgment convicting you. State the reasons for which you were unable to file your application within the prescribed period.

Paragraph 4

• State the reasons why you are requesting the reduction of costs. Example: I did not acquire knowledge of the statement of offence because...

Conclusions

Check (✅) the box corresponding to the conclusions that you are seeking, sign your application and enter the date and place of filing.

Affidavit or solemn affirmation

Write out the affidavit or solemn affirmation, which is generally administered by a commissioner for oaths or by a lawyer, a notary, a justice of the peace or the clerk of a court of law.

Prior notice

Indicate in the prior notice the names of the prosecutor and the collector. Obtain from the clerk of the court the date, time and room number for the hearing of your application, and indicate that information in the prior notice.

Service of application

Serve your application on the prosecutor at least 5 clear days before the date on which you file it and, within the same period, file your application at the office of the court in the district in which the judgment was rendered. Serve your application by registered mail, priority courier or bailiff.

Service may be replaced by a receipt signed and dated by the prosecutor and bearing the statement “copy received in lieu of service”. Send a copy of your application to the collector.

If you require further information, we suggest that you consult a lawyer.