If you’ve been released on bail in Ontario, chances are someone close to you, like a family member or a trusted friend stepped up as your surety.
But what happens if you break your bail conditions or fail to show up for court?
Will your surety lose the money they pledged to the court?
Let’s break down the legal truth about surety responsibilities in Ontario and what happens when bail conditions are breached.
What Is a Surety in Ontario?
A surety is someone who:
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Accepts responsibility for the accused while they are out on bail
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Makes sure the accused follows all bail conditions
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Pledges a specific amount of money as a financial guarantee
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Must report any breaches to the authorities—or face consequences
Being a surety is not just a formality—it’s a serious legal obligation. Courts rely on sureties to supervise the accused and ensure compliance.
Does a Surety Pay the Money Up Front?
No. The money pledged is usually a “promise to pay”—also known as a recognizance or undertaking.
The court only enforces payment if the accused:
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Misses a court date
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Violates any condition (e.g., contacting a restricted person, breaking curfew)
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Commits another criminal offence while on bail
What Happens If Bail Is Breached?
If the accused breaches bail conditions, the Crown may apply to forfeit the surety’s pledged amount.
This can lead to a legal process known as an estreatment hearing, where the judge decides whether the surety should pay all or part of the amount.
Will the Surety Automatically Lose the Money?
Not necessarily. The court will evaluate several factors during an estreatment hearing:
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Did the surety take reasonable steps to monitor the accused?
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Did they attempt to prevent or report the breach?
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How serious was the breach?
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Would forfeiting the money cause financial hardship?
If the judge finds the surety was negligent or uninvolved, they may be required to pay the full amount.
Can a Surety Remove Themselves?
Yes. If a surety feels they can no longer supervise the accused, they can request to be removed by applying to the court.
If granted, the accused may be arrested and required to attend another bail hearing.
How Adlai Law Can Help You
At Adlai Law, we support both accused persons and sureties by offering:
✅ Legal representation in bail hearings
✅ Strategic preparation of bail plans
✅ Applications to vary bail conditions
✅ Defence against breach of bail charges
✅ Representation at estreatment hearings to protect the surety’s finances
📍 Serving Clients Across Ontario
We proudly support clients in:
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Toronto
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Vaughan
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Brampton
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Mississauga
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Milton
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Guelph
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Orangeville
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Kitchener
📞 Facing a Bail Breach or Surety Concern?
Whether you’re accused of breaching bail or a worried surety, Adlai Law provides the experienced, strategic legal support you need.
Call us today at 519-259-1447 or Book a Call
Ontario Criminal Defence Lawyers | Bail Matters. We Handle It Right.