Courts of Justice Act, R.S.O. 1990, c. C.43

Citation:	Courts of Justice Act, R.S.O. 1990, c. C.43
Information about this text:	Consolidation: A proclamation has been issued naming August 20, 2007 as the day on which the amendments made by 2006, c. 35, Sched. C, s. 20 come into force.
Enabled Regulations:	19 Regulations
URL:	http://www.canlii.org/on/laws/sta/c-43/20070813/whole.html
Version downloaded by CanLII on 2007-08-13

Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.

Courts of Justice Act

R.S.O. 1990, CHAPTER C.43

Consolidation Period: From July 25, 2007 to the e-Laws currency date.

A proclamation has been issued naming August 20, 2007 as the day on which the amendments made by 2006, c. 35, Sched. C, s. 20 come into force.

A proclamation has been issued naming October 1, 2007 as the day on which the amendments made by 2006, c. 21, Sched. A, ss. 1, 3, 4, 14, 15, 18 come into force.

Last amendment: 2006, c. 35, Sched. C, s. 20.

SKIP TABLE OF CONTENTS

CONTENTS


1.	Definitions
1.1	References to former names of courts
PART I COURT OF APPEAL FOR ONTARIO
2.	Court of Appeal
3.	Composition of court
4.	Assignment of judges from Superior Court of Justice
5.	Powers and duties of Chief Justice
6.	Court of Appeal jurisdiction
7.	Composition of court
8.	References to Court of Appeal
9.	Meeting of judges
PART II COURT OF ONTARIO
10.	Court of Ontario
Superior Court of Justice
11.	Superior Court of Justice
12.	Composition of Superior Court of Justice
13.	Assignment of judges from Court of Appeal
14.	Chief Justice, Associate Chief Justice and regional senior judges of Superior Court of Justice; Senior Judge of Family Court
15.	Judges assigned to regions
16.	Composition of court for hearings
17.	Appeals to Superior Court of Justice
Divisional Court
18.	Divisional Court
19.	Divisional Court jurisdiction
20.	Place for hearing
21.	Composition of court for hearings
Family Court
21.1	Family Court
21.2	Composition of Family Court
21.3	Transitional measure
21.7	Composition of court for hearings
21.8	Proceedings in Family Court
21.9	Other jurisdiction
21.9.1	Certain appeals
21.10	Orders of predecessor court
21.11	Place where proceeding commenced
21.12	Enforcement of orders
21.13	Community liaison committee
21.14	Community resources committee
21.15	Dispute resolution service
Small Claims Court
22.	Small Claims Court
23.	Jurisdiction
24.	Composition of court for hearings
25.	Summary hearings
26.	Representation
27.	Evidence
28.	Instalment orders
29.	Limit on costs
31.	Appeals
32.	Deputy judges
33.	Deputy Judges Council
33.1	Complaint
Ontario Court of Justice
34.	Ontario Court of Justice
35.	Composition of Ontario Court of Justice
36.	Chief Justice, Associate Chief Justice and regional senior judges of Ontario Court of Justice
37.	Judges assigned to regions
38.	Jurisdiction of Ontario Court of Justice
39.	Judge to preside
40.	Appeals
41.	Penalty for disturbance outside courtroom
Provincial Judges
42.	Appointment of provincial judges
43.	Judicial Appointments Advisory Committee
44.	Full and part-time service
45.	Application for order that needs be accommodated
46.	Outside activities
47.	Retirement
48.	Resignation and election
Ontario Judicial Council
49.	Judicial Council
50.	Complaint against Chief Justice, Associate Chief Justice or regional senior judge of the Ontario Court of Justice
51.	Other duties of Judicial Council
51.1	Rules
51.2	Use of official languages of courts
51.3	Complaint re provincial judge
51.4	Role of subcommittee
51.5	Mediation
51.6	Adjudication by Council
51.7	Compensation
51.8	Removal for cause
51.9	Standards of conduct
51.10	Continuing education
51.11	Performance evaluation
51.12	Consultation
Provincial Judges’ Remuneration
51.13	Remuneration and framework agreement
Miscellaneous
52.	Meetings of judges
53.	Regulations
PART IV RULES OF COURT
65.	Civil Rules Committee
66.	Civil Rules
67.	Family Rules Committee
68.	Family rules
69.	Criminal Rules Committee
70.	Criminal and provincial offences rules
PART V COURTS ADMINISTRATION
71.	Attorney General’s administrative responsibility
72.	Ontario Courts Advisory Council
73.	Ontario Courts Management Advisory Committee
74.	Regions
75.	Regional Courts Management Advisory Committee
76.	Powers of chief or regional senior judge
77.	Court officers and staff
78.	Direction of court staff
79.	Destruction of documents
PART V ADMINISTRATION OF THE COURTS
71.	Goals
72.	Role of Attorney General
73.	Court officers and staff
74.	Destruction of documents
75.	Powers of chief or regional senior judge
76.	Direction of court staff
77.	Memoranda of understanding between Attorney General and Chief Justices
78.	Ontario Courts Advisory Council
79.	Ontario Courts Management Advisory Committee
79.1	Regions
79.2	Regional Courts Management Advisory Committee
79.3	Annual report on administration of courts
PART VI JUDGES AND OFFICERS
80.	Oath of office
81.	Persona designata abolished
82.	Liability of judges and other officers
84.	Extra-judicial services
85.	Judges’ gowns
86.	How certain judges to be addressed
86.1	Case management masters
86.2	Complaint re case management master
87.	Masters
87.1	Small Claims Court judges
88.	Regulations
89.	Children’s Lawyer
90.	Assessment officers
91.	Officers of court
92.	Administration of oaths
93.	Money held by officer of court
94.	Disposition of court fees
PART VII COURT PROCEEDINGS
95.	Application of Part
Common Law and Equity
96.	Rules of law and equity
97.	Declaratory orders
98.	Relief against penalties
99.	Damages in substitution for injunction or specific performance
100.	Vesting orders
Interlocutory Orders
101.	Injunctions and receivers
102.	Injunction in labour dispute
103.	Certificate of pending litigation
104.	Interim order for recovery of personal property
105.	Physical or mental examination
106.	Stay of proceedings
107.	Consolidation of proceedings in different courts
Procedural Matters
108.	Jury trials
109.	Notice of constitutional question
110.	Proceeding in wrong forum
111.	Set off
112.	Investigation and report of Children’s Lawyer
113.	Agreement preventing third party claim or crossclaim
114.	Agreement as to place of hearing
115.	Security
116.	Periodic payment and review of damages
116.1	Periodic payment, medical malpractice actions
117.	Assessment of damages
118.	Guidance and submissions
119.	Power of court on appeal
120.	Advance payments
121.	Foreign money obligations
122.	Actions for accounting
123.	Judge’s retirement, etc., inability or failure to give decision
124.	Service on Sunday
Language
125.	Official languages of the courts
126.	Bilingual proceedings
Interest and Costs
127.	Prejudgment and postjudgment interest rates
128.	Prejudgment interest
129.	Postjudgment interest
130.	Discretion of court
131.	Costs
Appeals
132.	Judge not to hear appeal from own decision
133.	Leave to appeal required
134.	Powers on appeal
Public Access
135.	Public hearings
136.	Prohibition against photography, etc., at court hearing
137.	Documents public
Miscellaneous
138.	Multiplicity of proceedings
139.	Joint liability not affected by judgment or release
140.	Vexatious proceedings
141.	Civil orders directed to sheriffs
142.	Protection for acting under court order
143.	Enforcement
143.1	No garnishment of certain amounts
144.	Orders enforceable by police
145.	Consul as official representative
146.	Where procedures not provided
147.	Seal of court
148.	Jurisdiction of Federal Court
PART VIII MISCELLANEOUS
150.	Renewal of writs of execution issued before January 1, 1985
151.	References to counties for judicial purposes
151.1	Meaning unchanged
Schedule

Definitions

1. (1) In this Act,

“action” means a civil proceeding that is not an application and includes a proceeding commenced by,

(a) claim,

(b) statement of claim,

(d) counterclaim,

(e) crossclaim,

(f) third or subsequent party claim, or

(g) divorce petition or counterpetition; (“action”)

“application” means a civil proceeding that is commenced by notice of application or by application; (“requête”)

“defendant” means a person against whom an action is commenced; (“défendeur”)

“hearing” includes a trial; (“audience”)

“motion” means a motion in a proceeding or an intended proceeding; (“motion”)

“order” includes a judgment or decree; (“ordonnance”)

“plaintiff” means a person who commences an action; (“demandeur”)

“region” means a region prescribed under section 74. (“région”) R.S.O. 1990, c. C.43, s. 1; 1993, c. 27, Sched.

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “region” is amended by the Statutes of Ontario, 2006, chapter 21, Schedule A, section 1 by striking out “74” and substituting “79.1”. See: 2006, c. 21, Sched. A, ss. 1, 19 (2).

Application to other Acts

(2) This section applies to all other Acts affecting or relating to the courts and the administration of justice. 2006, c. 21, Sched. F, s. 106.

References to former names of courts

1.1(1)A reference in an Act, rule or regulation to a court or official by the former name of that court or the former title of that official set out in Column 1 of the following table or by a shortened version of that name or title shall be deemed, unless a contrary intention appears, to be a reference to the new name of that court or the new title of that official set out in Column 2.

Column 1 / Colonne 1	Column 2 / Colonne 2
Former names and titles / Anciennes appellations et anciens titres	New names and titles / Nouvelles appellations et nouveaux titres
Ontario Court of Justice	Court of Ontario
Cour de justice de l’Ontario	Cour de l’Ontario
Ontario Court (General Division)	Superior Court of Justice
Cour de l’Ontario (Division générale)	Cour supérieure de justice
Ontario Court (Provincial Division)	Ontario Court of Justice
Cour de l’Ontario (Division provinciale)	Cour de justice de l’Ontario
Chief Justice of the Ontario Court of Justice	Chief Justice of the Superior Court of Justice
Juge en chef de la Cour de justice de l’Ontario	Juge en chef de la Cour supérieure de justice
Associate Chief Justice of the Ontario Court of Justice	Associate Chief Justice of the Superior Court of Justice
Juge en chef adjoint de la Cour de justice de l’Ontario	Juge en chef adjoint de la Cour supérieure de justice
Associate Chief Justice (Family Court) of the Ontario Court of Justice	Associate Chief Justice (Family Court) of the Superior Court of Justice
Juge en chef adjoint (Cour de la famille) de la Cour de justice de l’Ontario	Juge en chef adjoint (Cour de la famille) de la Cour supérieure de justice
Chief Judge of the Ontario Court (Provincial Division)	Chief Justice of the Ontario Court of Justice
Juge en chef de la Cour de l’Ontario (Division provinciale)	Juge en chef de la Cour de justice de l’Ontario
Associate Chief Judge of the Ontario Court (Provincial Division)	Associate Chief Justice of the Ontario Court of Justice
Juge en chef adjoint de la Cour de l’Ontario (Division provinciale)	Juge en chef adjoint de la Cour de justice de l’Ontario
Associate Chief Judge-Co-ordinator of Justices of the Peace	Associate Chief Justice Co-ordinator of Justices of the Peace
Juge en chef adjoint-coordonnateur des juges de paix	Juge en chef adjoint et coordonnateur des juges de paix
Accountant of the Ontario Court	Accountant of the Superior Court of Justice
Comptable de la Cour de l’Ontario	Comptable de la Cour supérieure de justice

Same

(2)Subsection (1) does not apply to references to the Ontario Court of Justice enacted or made on or after the date this section comes into force. 1996, c. 25, s. 9 (1).

PART I
COURT OF APPEAL FOR ONTARIO

Court of Appeal

2.(1)The Court of Appeal for Ontario is continued as a superior court of record under the name Court of Appeal for Ontario in English and Cour d’appel de l’Ontario in French.

Idem

(2)The Court of Appeal has the jurisdiction conferred on it by this or any other Act, and in the exercise of its jurisdiction has all the powers historically exercised by the Court of Appeal for Ontario. R.S.O. 1990, c. C.43, s. 2.

Composition of court

3.(1)The Court of Appeal shall consist of,

(a) the Chief Justice of Ontario, who shall be president of the court;

(b) the Associate Chief Justice of Ontario; and

Idem

(2)The Lieutenant Governor in Council may by regulation increase the number of judges of the Court of Appeal who are in addition to the Chief Justice and the Associate Chief Justice.

Additional judges

(3)There shall be such additional offices of judge of the Court of Appeal as are from time to time required, to be held by Chief Justices of Ontario and Associate Chief Justices of Ontario who have elected under the Judges Act (Canada) to perform only the duties of a judge of the Court of Appeal.

Supernumerary judges

(4)There shall be such additional offices of supernumerary judge of the Court of Appeal as are from time to time required, to be held by judges of the Court of Appeal who have elected under the Judges Act (Canada) to hold office only as a supernumerary judge of the court. R.S.O. 1990, c. C.43, s. 3.

Assignment of judges from Superior Court of Justice

4.(1)The Chief Justice of Ontario, with the concurrence of the Chief Justice of the Superior Court of Justice, may assign a judge of the Superior Court of Justice to perform the work of a judge of the Court of Appeal. R.S.O. 1990, c. C.43, s. 4 (1); 1996, c. 25, s. 9 (14, 17).

Superior Court of Justice judges

(2)A judge of the Superior Court of Justice is, by virtue of his or her office, a judge of the Court of Appeal and has all the jurisdiction, power and authority of a judge of the Court of Appeal. R.S.O. 1990, c. C.43, s. 4 (2); 1996, c. 25, s. 9 (17).

Powers and duties of Chief Justice

5.(1)The Chief Justice of Ontario has general supervision and direction over the sittings of the Court of Appeal and the assignment of the judicial duties of the court.

Absence of Chief Justice

(2)If the Chief Justice of Ontario is absent from Ontario or is for any reason unable to act, his or her powers and duties shall be exercised and performed by the Associate Chief Justice of Ontario.

Absence of Associate Chief Justice

(3)If the Chief Justice of Ontario and the Associate Chief Justice of Ontario are both absent from Ontario or for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performed by a judge of the Court of Appeal designated by the Chief Justice or Associate Chief Justice. R.S.O. 1990, c. C.43, s. 5.

Court of Appeal jurisdiction

6.(1)An appeal lies to the Court of Appeal from,

(a) an order of the Divisional Court, on a question that is not a question of fact alone, with leave of the Court of Appeal as provided in the rules of court;

(b) a final order of a judge of the Superior Court of Justice, except an order referred to in clause 19 (1) (a) or an order from which an appeal lies to the Divisional Court under another Act;

(c) a certificate of assessment of costs issued in a proceeding in the Court of Appeal, on an issue in respect of which an objection was served under the rules of court. R.S.O. 1990, c. C.43, s. 6 (1); 1994, c. 12, s. 1; 1996, c. 25, s. 9 (17).

Combining of appeals from other courts

(2)The Court of Appeal has jurisdiction to hear and determine an appeal that lies to the Divisional Court or the Superior Court of Justice if an appeal in the same proceeding lies to and is taken to the Court of Appeal. R.S.O. 1990, c. C.43, s. 6 (2); 1996, c. 25, s. 9 (17).

Idem

(3)The Court of Appeal may, on motion, transfer an appeal that has already been commenced in the Divisional Court or the Superior Court of Justice to the Court of Appeal for the purpose of subsection (2). R.S.O. 1990, c. C.43, s. 6 (3); 1996, c. 25, s. 9 (17).

Composition of court

Hearings

7.(1)A proceeding in the Court of Appeal shall be heard and determined by not fewer than three judges sitting together, and always by an uneven number of judges.

Motions

(2)A motion in the Court of Appeal and an appeal under clause 6 (1) (c) shall be heard and determined by one judge.

Idem

(3)Subsection (2) does not apply to a motion for leave to appeal, a motion to quash an appeal or any other motion that is specified by the rules of court.

Idem

(4)A judge assigned to hear and determine a motion may adjourn the motion to a panel of the Court of Appeal.

Idem

(5)A panel of the Court of Appeal may, on motion, set aside or vary the decision of a judge who hears and determines a motion. R.S.O. 1990, c. C.43, s. 7.

References to Court of Appeal

8. (1) The Lieutenant Governor in Council may refer any question to the Court of Appeal for hearing and consideration. R.S.O. 1990, c. C.43, s. 8 (1).

Opinion of court

(2) The court shall certify its opinion to the Lieutenant Governor in Council, accompanied by a statement of the reasons for it, and any judge who differs from the opinion may certify his or her opinion and reasons in the same manner. R.S.O. 1990, c. C.43, s. 8 (2).

Submissions by Attorney General

(3) On the hearing of the question, the Attorney General of Ontario is entitled to make submissions to the court. R.S.O. 1990, c. C.43, s. 8 (3).

Idem

(4) The Attorney General of Canada shall be notified and is entitled to make submissions to the court if the question relates to the constitutional validity or constitutional applicability of an Act, or of a regulation or by-law made under an Act, of the Parliament of Canada or the Legislature. R.S.O. 1990, c. C.43, s. 8 (4).

Notice

(5) The court may direct that any person interested, or any one or more persons as representatives of a class of persons interested, be notified of the hearing and be entitled to make submissions to the court. R.S.O. 1990, c. C.43, s. 8 (5).

Appointment of counsel

(6) If an interest affected is not represented by counsel, the court may request counsel to argue on behalf of the interest and the reasonable expenses of counsel shall be paid by the Minister of Finance. R.S.O. 1990, c. C.43, s. 8 (6); 2006, c. 21, Sched. A, s. 2.

Appeal

(7) The opinion of the court shall be deemed to be a judgment of the court and an appeal lies from it as from a judgment in an action. R.S.O. 1990, c. C.43, s. 8 (7).

Meeting of judges

9.(1)The judges of the Court of Appeal shall meet at least once in each year, on a day fixed by the Chief Justice of Ontario, in order to consider this Act, the rules of court and the administration of justice generally.

Idem

(2)The judges shall report their recommendations to the Attorney General. R.S.O. 1990, c. C.43, s. 9.

PART II
COURT OF ONTARIO

Court of Ontario

10.(1)The Ontario Court of Justice is continued under the name Court of Ontario in English and Cour de l’Ontario in French.

Divisions

(2)The Court of Ontario shall consist of two divisions, the Superior Court of Justice (formerly the Ontario Court (General Division)) and the Ontario Court of Justice (formerly the Ontario Court (Provincial Division)).

President

(3)The person who is the Chief Justice of the Superior Court of Justice shall also be the president of the Court of Ontario. 1996, c. 25, s. 9 (2).

Superior Court of Justice

Superior Court of Justice

11.(1)The Ontario Court (General Division) is continued as a superior court of record under the name Superior Court of Justice in English and Cour supérieure de justice in French. 1996, c. 25, s. 9 (3).

Idem

(2)The Superior Court of Justice has all the jurisdiction, power and authority historically exercised by courts of common law and equity in England and Ontario. R.S.O. 1990, c. C.43, s. 11 (2); 1996, c. 25, s. 9 (17).

Composition of Superior Court of Justice

12.(1)The Superior Court of Justice consists of,

(a) the Chief Justice of the Superior Court of Justice, who shall be president of the Superior Court of Justice;

(b) the Associate Chief Justice of the Superior Court of Justice;

(d) the Senior Judge of the Family Court; and

(e) such number of judges of the Superior Court of Justice as is fixed under clause 53 (1) (a). 1998, c. 20, Sched. A, s. 22 (2).

(1.1)Repealed: 1998, c. 20, Sched. A, s. 1 (2).

(1.2)Repealed: 1998, c. 20, Sched. A, s. 1 (2).

(1.3)Repealed: 1998, c. 20, Sched. A, s. 1 (2).

Additional judges

(2)There shall be such additional offices of judge of the Superior Court of Justice as are from time to time required, to be held by Chief Justices of the Superior Court of Justice, Associate Chief Justices of the Superior Court of Justice and regional senior judges of the Superior Court of Justice who have elected under the Judges Act (Canada) to perform only the duties of a judge of the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 12 (2); 1996, c. 25, s. 9 (14, 17).

Supernumerary judges

(3)There shall be such additional offices of supernumerary judge of the Superior Court of Justice as are from time to time required, to be held by judges of the Superior Court of Justice who have elected under the Judges Act (Canada) to hold office only as a supernumerary judge of that court. R.S.O. 1990, c. C.43, s. 12 (3); 1996, c. 25, s. 9 (15, 17).

Assignment of judges from Court of Appeal

13.(1)The Chief Justice of Ontario, with the concurrence of the Chief Justice of the Superior Court of Justice, may assign a judge of the Court of Appeal to perform the work of a judge of the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 13 (1); 1996, c. 25, s. 9 (14, 17).

Court of Appeal judges

(2)A judge of the Court of Appeal is, by virtue of his or her office, a judge of the Superior Court of Justice and has all the jurisdiction, power and authority of a judge of the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 13 (2); 1996, c. 25, s. 9 (17).

Chief Justice, Associate Chief Justice and regional senior judges of Superior Court of Justice; Senior Judge of Family Court

Powers and duties of Chief Justice

14.(1)The Chief Justice of the Superior Court of Justice shall direct and supervise the sittings of the Superior Court of Justice and the assignment of its judicial duties.

Regional senior judges

(2)A regional senior judge of the Superior Court of Justice shall, subject to the authority of the Chief Justice of the Superior Court of Justice, exercise the powers and perform the duties of the Chief Justice in respect of the Superior Court of Justice in his or her region.

Delegation

(3)A regional senior judge of the Superior Court of Justice may delegate to a judge of the Superior Court of Justice in his or her region the authority to exercise specified functions.

Absence of Chief Justice

(4)If the Chief Justice of the Superior Court of Justice is absent from Ontario or is for any reason unable to act, his or her powers and duties shall be exercised and performed by the Associate Chief Justice of the Superior Court of Justice.

Senior Judge of Family Court

(5)The Senior Judge of the Family Court shall,

(a) advise the Chief Justice of the Superior Court of Justice with regard to,

(i) the education of judges sitting in the Family Court,

(ii) practice and procedure, including mediation, in the Family Court,

(iii) the expansion of the Family Court, and

(iv) the expenditure of funds budgeted for the Family Court;

(b) meet from time to time with the community liaison committees and community resources committees established under sections 21.13 and 21.14; and

(c) perform other duties relating to the Family Court assigned to the Senior Judge of the Family Court by the Chief Justice.

Absence of regional senior judge or Senior Judge of Family Court

(6)The powers and duties of a regional senior judge of the Superior Court of Justice and the Senior Judge of the Family Court when he or she is absent from Ontario or is for any reason unable to act shall be exercised and performed by a judge of the Superior Court of Justice designated by the Chief Justice of the Superior Court of Justice.

Meetings with Associate Chief Justice, regional senior judges and Senior Judge of Family Court

(7)The Chief Justice of the Superior Court of Justice may hold meetings with the Associate Chief Justice, the regional senior judges and the Senior Judge of the Family Court in order to consider any matters concerning sittings of the Superior Court of Justice and the assignment of its judicial duties. 1998, c. 20, Sched. A, s. 22 (3).

Judges assigned to regions

15.(1)The Chief Justice of the Superior Court of Justice shall assign every judge of the Superior Court of Justice to a region and may re-assign a judge from one region to another. R.S.O. 1990, c. C.43, s. 15 (1); 1996, c. 25, s. 9 (14, 17).

At least one judge in each county

(2)There shall be at least one judge of the Superior Court of Justice assigned to each county and district. R.S.O. 1990, c. C.43, s. 15 (2); 1996, c. 25, s. 9 (17).

High Court and District Court judges

(3)No judge of the Superior Court of Justice who was a judge of the High Court of Justice or the District Court of Ontario before the 1st day of September, 1990 shall be assigned without his or her consent to a region other than the region in which he or she resided immediately before that day. R.S.O. 1990, c. C.43, s. 15 (3); 1996, c. 25, s. 9 (17).

Idem

(4)Subsections (1) to (3) do not prevent the temporary assignment of a judge to a location anywhere in Ontario. R.S.O. 1990, c. C.43, s. 15 (4).

Composition of court for hearings

16.A proceeding in the Superior Court of Justice shall be heard and determined by one judge of the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 16; 1994, c. 12, s. 4; 1996, c. 25, s. 9 (16, 17).

Appeals to Superior Court of Justice

17.An appeal lies to the Superior Court of Justice from,

(a) an interlocutory order of a master or case management master;

(b) a certificate of assessment of costs issued in a proceeding in the Superior Court of Justice, on an issue in respect of which an objection was served under the rules of court. R.S.O. 1990, c. C.43, s. 17; 1996, c. 25, ss. 1 (1), 9 (17).

Divisional Court

Divisional Court

18.(1)The branch of the Superior Court of Justice known as the Divisional Court is continued under the name Divisional Court in English and Cour divisionnaire in French. R.S.O. 1990, c. C.43, s. 18 (1); 1996, c. 25, s. 9 (17).

Same

(2)The Divisional Court consists of the Chief Justice of the Superior Court of Justice, who is president of the Divisional Court, the associate chief justice and such other judges as the Chief Justice designates from time to time. 1994, c. 12, s. 5; 1996, c. 25, s. 9 (14); 1998, c. 20, Sched. A, s. 3.

Jurisdiction of judges

(3)Every judge of the Superior Court of Justice is also a judge of the Divisional Court. R.S.O. 1990, c. C.43, s. 18 (3); 1996, c. 25, s. 9 (17).

Divisional Court jurisdiction

19. (1) An appeal lies to the Divisional Court from,

(a) a final order of a judge of the Superior Court of Justice,

(i) for a single payment of not more than $25,000, exclusive of costs,

(ii) for periodic payments that amount to not more than $25,000, exclusive of costs, in the twelve months commencing on the date the first payment is due under the order,

(iii) dismissing a claim for an amount that is not more than the amount set out in subclause (i) or (ii), or

(iv) dismissing a claim for an amount that is more than the amount set out in subclause (i) or (ii) and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than the amount set out in subclause (i) or (ii);

(b) an interlocutory order of a judge of the Superior Court of Justice, with leave as provided in the rules of court;

(c) a final order of a master or case management master. R.S.O. 1990, c. C.43, s. 19 (1); 1994, c. 12, s. 6; 1996, c. 25, ss. 1 (2), 9 (17).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 21, Schedule A, section 3 and the following substituted:

Divisional Court jurisdiction

(1) An appeal lies to the Divisional Court from,

(a) a final order of a judge of the Superior Court of Justice, as described in subsections (1.1) and (1.2);

(b) an interlocutory order of a judge of the Superior Court of Justice, with leave as provided in the rules of court;

Same

(1.1) If the notice of appeal is filed before the day section 3 of Schedule A to the Access to Justice Act, 2006 comes into force, clause (1) (a) applies in respect of a final order,

(a) for a single payment of not more than $25,000, exclusive of costs;

(b) for periodic payments that amount to not more than $25,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order;

(d) dismissing a claim for an amount that is more than the amount set out in clause (a) or (b) and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than the amount set out in clause (a) or (b). 2006, c. 21, Sched. A, s. 3.

Same

(1.2) If the notice of appeal is filed on or after the day section 3 of Schedule A to the Access to Justice Act, 2006 comes into force, clause (1) (a) applies in respect of a final order,

(a) for a single payment of not more than $50,000, exclusive of costs;

(b) for periodic payments that amount to not more than $50,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order;

See: 2006, c. 21, Sched. A, ss. 3, 19 (2).

Combining of appeals from Superior Court of Justice

(2) The Divisional Court has jurisdiction to hear and determine an appeal that lies to the Superior Court of Justice if an appeal in the same proceeding lies to and is taken to the Divisional Court. R.S.O. 1990, c. C.43, s. 19 (2); 1996, c. 25, s. 9 (17).

Idem

(3) The Divisional Court may, on motion, transfer an appeal that has already been commenced in the Superior Court of Justice to the Divisional Court for the purpose of subsection (2). R.S.O. 1990, c. C.43, s. 19 (3); 1996, c. 25, s. 9 (17).

Appeal from interlocutory orders

(4) No appeal lies from an interlocutory order of a judge of the Superior Court of Justice made on an appeal from an interlocutory order of the Ontario Court of Justice. R.S.O. 1990, c. C.43, s. 19 (4); 1996, c. 25, s. 9 (17, 18).

Place for hearing

Appeals

20.(1)An appeal to the Divisional Court shall be heard in the region where the hearing or other process that led to the decision appealed from took place, unless the parties agree otherwise or the Chief Justice of the Superior Court of Justice orders otherwise because it is necessary to do so in the interests of justice. 1994, c. 12, s. 7; 1996, c. 25, s. 9 (14).

Other proceedings

(2)Any other proceeding in the Divisional Court may be brought in any region. R.S.O. 1990, c. C.43, s. 20 (2).

Composition of court for hearings

21.(1)A proceeding in the Divisional Court shall be heard and determined by three judges sitting together. R.S.O. 1990, c. C.43, s. 21 (1).

Idem

(2)A proceeding in the Divisional Court may be heard and determined by one judge where the proceeding,

(a) is an appeal under clause 19 (1) (c);

(b) is an appeal under section 31 from a provincial judge or a deputy judge presiding over the Small Claims Court; or

(c) is in a matter that the Chief Justice of the Superior Court of Justice or a judge designated by the Chief Justice is satisfied, from the nature of the issues involved and the necessity for expedition, can and ought to be heard and determined by one judge. R.S.O. 1990, c. C.43, s. 21 (2); 1996, c. 25, s. 9 (14).

Idem, motions

(3)A motion in the Divisional Court shall be heard and determined by one judge, unless otherwise provided by the rules of court.

Idem

(4)A judge assigned to hear and determine a motion may adjourn it to a panel of the Divisional Court.

Idem

(5)A panel of the Divisional Court may, on motion, set aside or vary the decision of a judge who hears and determines a motion. R.S.O. 1990, c. C.43, s. 21 (3-5).

Family Court

Family Court

21.1 (1) There shall be a branch of the Superior Court of Justice known as the Family Court in English and Cour de la famille in French. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (17).

Unified Family Court

(2) The Unified Family Court is amalgamated with and continued as part of the Family Court. 1994, c. 12, s. 8.

Same

(3) The Family Court has the jurisdiction conferred on it by this or any other Act. 1994, c. 12, s. 8.

Jurisdiction

(4) The Family Court has jurisdiction in the City of Hamilton and in the additional areas named in accordance with subsection (5). 1994, c. 12, s. 8; 2002, c. 17, Sched. F, Table.

Proclamation

(5) The Lieutenant Governor in Council may, by proclamation, name additional areas in which the Family Court has jurisdiction. 1994, c. 12, s. 8.

Composition of Family Court

21.2(1)The Family Court consists of,

(a) the Chief Justice of the Superior Court of Justice, who shall be president of the Family Court;

(b) the Associate Chief Justice;

(d) the five judges and one supernumerary judge of the Superior Court of Justice assigned to the Unified Family Court on June 30, 1993;

(e) the judges of the Superior Court of Justice appointed to be members of the Family Court, the number of whom is fixed by regulation under clause 53 (1) (a.1);

(f) the judges of the Superior Court of Justice assigned to the Family Court by the Chief Justice from time to time. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (14, 17); 1998, c. 20, Sched. A, s. 4 (1).

Supernumerary judges

(2)There shall be such additional offices of supernumerary judge of the Superior Court of Justice and member of the Family Court as are from time to time required, to be held by judges referred to in clauses (1) (d) and (e) who have elected under the Judges Act (Canada) to hold office only as supernumerary judges. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (17).

Jurisdiction of judges

(3)Every judge of the Superior Court of Justice is also a judge of the Family Court. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (17).

Temporary assignments

(4)The Chief Justice of the Superior Court of Justice may, from time to time, temporarily assign a judge referred to in clause (1) (d) or (e) to hear matters outside the jurisdiction of the Family Court. 1998, c. 20, Sched. A, s. 22 (4).

(5)Repealed: 1998, c. 20, Sched. A, s. 4 (2).

(6)Repealed: 1998, c. 20, Sched. A, s. 4 (2).

Transitional measure

21.3(1)All proceedings referred to in the Schedule to section 21.8 or in section 21.12 that are pending in the Superior Court of Justice or the Ontario Court of Justice in an area named under subsection 21.1 (5) as an area in which the Family Court has jurisdiction shall be transferred to and continued in the Family Court.

Same

(2)If a judge sitting in the Ontario Court of Justice is seized of a matter in a proceeding that is the subject of a transfer under subsection (1), the judge may complete that matter. 1998, c. 20, Sched. A, s. 22 (5).

21.4Repealed: 1998, c. 20, Sched. A, s. 5.

21.5Repealed: 1998, c. 20, Sched. A, s. 5.

21.6Repealed: 1998, c. 20, Sched. A, s. 5.

Composition of court for hearings

21.7A proceeding in the Family Court shall be heard and determined by one judge, sitting without a jury. 1994, c. 12, s. 8.

Proceedings in Family Court

21.8 (1) In the parts of Ontario where the Family Court has jurisdiction, proceedings referred to in the Schedule to this section, except appeals and prosecutions, shall be commenced, heard and determined in the Family Court. 1994, c. 12, s. 8.

Motions for interlocutory relief

(2) A motion for interim or other interlocutory relief in a proceeding referred to in the Schedule that is required or permitted by the rules or an order of a court to be heard and determined in a part of Ontario where the Family Court has jurisdiction shall be heard and determined in the Family Court. 1994, c. 12, s. 8.

Same

(3) A motion for interim or other interlocutory relief in a proceeding referred to in the Schedule that is required or permitted by the rules or an order of the Family Court to be heard and determined in a part of Ontario where the Family Court does not have jurisdiction shall be heard and determined in the court that would have had jurisdiction if the proceeding had been commenced in that part of Ontario. 1994, c. 12, s. 8.

SCHEDULE

1. Proceedings under the following statutory provisions:

Change of Name Act

Child and Family Services Act, Parts III, VI and VII

Children’s Law Reform Act, except sections 59 and 60

Divorce Act (Canada)

Family Law Act, except Part V

Family Responsibility and Support Arrears Enforcement Act, 1996

Interjurisdictional Support Orders Act, 2002

Marriage Act, section 6.

1.1 Proceedings under the Domestic Violence Protection Act, 2000, except for matters heard by designated judges or justices as that Act permits.

2. Proceedings for the interpretation, enforcement or variation of a marriage contract, cohabitation agreement, separation agreement, paternity agreement, family arbitration agreement or family arbitration award.

3. Proceedings for relief by way of constructive or resulting trust or a monetary award as compensation for unjust enrichment between persons who have cohabited.

4. Proceedings for annulment of a marriage or for a declaration of validity or invalidity of a marriage.

5. Appeals of family arbitration awards under the Arbitration Act, 1991.

1994, c. 12, s. 8; 1996, c. 31, s. 65; 1999, c. 6, s. 18 (1); 2002, c. 13, s. 56; 2002, c. 14, Sched., s. 9; 2002, c. 18, Sched. A, s. 6 (8); 2005, c. 5, s. 17 (1); 2006, c. 1, s. 4.

Other jurisdiction

21.9Where a proceeding referred to in the Schedule to section 21.8 is commenced in the Family Court and is combined with a related matter that is in the judge’s jurisdiction but is not referred to in the Schedule, the court may, with leave of the judge, hear and determine the combined matters. 1994, c. 12, s. 8.

Certain appeals

21.9.1A statutory provision referred to in the Schedule to section 21.8 or in section 21.12 that provides for appeals from decisions of the Ontario Court of Justice to the Superior Court of Justice shall be deemed to provide for appeals from decisions of the Family Court to the Divisional Court. 1996, c. 25, ss. 1 (4), 9 (17, 18); 1998, c. 20, Sched. A, s. 6.

Orders of predecessor court

21.10(1)The Family Court may hear and determine an application under an Act to discharge, vary or suspend an order made by the Provincial Court (Family Division), the Ontario Court of Justice, the Superior Court of Justice or the Unified Family Court. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (17, 18).

Same

(2)The Family Court may enforce orders made by the Provincial Court (Family Division), the Ontario Court of Justice, the Superior Court of Justice or the Unified Family Court. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (17, 18).

Place where proceeding commenced

21.11(1)Proceedings referred to in the Schedule to section 21.8 may be commenced in the Family Court if the applicant or the respondent resides in a part of Ontario where the Family Court has jurisdiction.

Custody and access

(2)An application under Part III of the Children’s Law Reform Act in respect of a child who ordinarily resides in a part of Ontario where the Family Court has jurisdiction may be commenced in the Family Court in that part of Ontario.

Transfer to other court

(3)A judge presiding over the Family Court may, on motion, order that a proceeding commenced in the Family Court be transferred to the appropriate court in a place where the Family Court does not have jurisdiction if, in the judge’s opinion, the preponderance of convenience favours having the matter dealt with by that court in that place.

Transfer from other court

(4)A judge of a court having jurisdiction in a proceeding referred to in the Schedule to section 21.8 in an area where the Family Court does not have jurisdiction may, on motion, order that the proceeding be transferred to the Family Court in a particular place if, in the judge’s opinion, the preponderance of convenience favours having the matter dealt with by that court in that place.

Directions

(5)A judge making an order under subsection (3) or (4) may give such directions for the transfer as are considered just. 1994, c. 12, s. 8.

Enforcement of orders

21.12(1)A judge presiding over the Family Court shall be deemed to be a judge of the Ontario Court of Justice for the purpose of prosecutions under Part III (Child Protection) and Part VII (Adoption) of the Child and Family Services Act, the Children’s Law Reform Act, the Family Law Act and the Family Responsibility and Support Arrears Enforcement Act, 1996. 1998, c. 20, Sched. A, s. 22 (6).

Same

(2)The Family Court shall continue as a youth court for the purposes of the Young Offenders Act (Canada) with respect to all proceedings that were commenced in the Family Court under that Act before the day the Courts of Justice Amendment Act (Improved Family Court), 1998 is proclaimed in force.

Repeal

(3)Subsection (2) is repealed on a day to be named by proclamation of the Lieutenant Governor. 1998, c. 20, Sched. A, s. 7.

Community liaison committee

21.13(1)There shall be one or more community liaison committees, as recommended by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, and approved by the Attorney General, for each area in which the Family Court has jurisdiction.

Composition

(2)A community liaison committee consists of judges, lawyers, persons employed in court administration and other residents of the community, appointed by the Chief Justice of the Superior Court of Justice or by a person he or she designates for the purpose. 1998, c. 20, Sched. A, s. 22 (7).

Function

(3)A community liaison committee shall consider matters affecting the general operations of the court in the municipality and make recommendations to the appropriate authorities. 1994, c. 12, s. 8.

Community resources committee

21.14(1)There shall be one or more community resources committees, as recommended by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, and approved by the Attorney General, for each area in which the Family Court has jurisdiction.

Composition

(2)A community resources committee consists of judges, lawyers, members of social service agencies, persons employed in court administration and other residents of the community, appointed by the Chief Justice of the Superior Court of Justice or by a person whom he or she designates for the purpose. 1998, c. 20, Sched. A, s. 22 (8).

Function

(3)A community resources committee shall develop links between the court and social service resources available in the community, identify needed resources and develop strategies for putting them in place. 1994, c. 12, s. 8.

Dispute resolution service

21.15A service for the resolution of disputes by alternatives to litigation may be established, maintained and operated as part of the Family Court. 1994, c. 12, s. 8.

Small Claims Court

Small Claims Court

22.(1)The Small Claims Court is continued as a branch of the Superior Court of Justice under the name Small Claims Court in English and Cour des petites créances in French. R.S.O. 1990, c. C.43, s. 22 (1); 1996, c. 25, s. 9 (17).

Idem

(2)The Small Claims Court consists of the Chief Justice of the Superior Court of Justice who shall be president of the court and such other judges of the Superior Court of Justice as the Chief Justice designates from time to time. R.S.O. 1990, c. C.43, s. 22 (2); 1996, c. 25, s. 9 (14, 17).

Jurisdiction of judges

(3)Every judge of the Superior Court of Justice is also a judge of the Small Claims Court. R.S.O. 1990, c. C.43, s. 22 (3); 1996, c. 25, s. 9 (17).

Jurisdiction

23.(1)The Small Claims Court,

(a) has jurisdiction in any action for the payment of money where the amount claimed does not exceed the prescribed amount exclusive of interest and costs; and

(b) has jurisdiction in any action for the recovery of possession of personal property where the value of the property does not exceed the prescribed amount. R.S.O. 1990, c. C.43, s. 23 (1).

Transfer from Superior Court of Justice

(2)An action in the Superior Court of Justice may be transferred to the Small Claims Court by the local registrar of the Superior Court of Justice on requisition with the consent of all parties filed before the trial commences if,

(a) the only claim is for the payment of money or the recovery of possession of personal property; and

(b) the claim is within the jurisdiction of the Small Claims Court. R.S.O. 1990, c. C.43, s. 23 (2); 1996, c. 25, s. 9 (17).

Idem

(3)An action transferred to the Small Claims Court shall be titled and continued as if it had been commenced in that court. R.S.O. 1990, c. C.43, s. 23 (3).

Composition of court for hearings

24.(1)A proceeding in the Small Claims Court shall be heard and determined by one judge of the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 24 (1); 1996, c. 25, s. 9 (17).

Provincial judge or deputy judge may preside

(2)A proceeding in the Small Claims Court may also be heard and determined by,

(a) a provincial judge who was assigned to the Provincial Court (Civil Division) immediately before the 1st day of September, 1990; or

(b) a deputy judge appointed under section 32.

Where deputy judge not to preside

(3)A deputy judge shall not hear and determine an action,

(a) for the payment of money in excess of the prescribed amount; or

(b) for the recovery of possession of personal property exceeding the prescribed amount in value. R.S.O. 1990, c. C.43, s. 24 (2, 3).

Summary hearings

25.The Small Claims Court shall hear and determine in a summary way all questions of law and fact and may make such order as is considered just and agreeable to good conscience. R.S.O. 1990, c. C.43, s. 25.

Representation

26. A party may be represented in a proceeding in the Small Claims Court by a person authorized under the Law Society Act to represent the party, but the court may exclude from a hearing anyone, other than a person licensed under the Law Society Act, appearing on behalf of the party if it finds that such person is not competent properly to represent the party, or does not understand and comply at the hearing with the duties and responsibilities of an advocate. 2006, c. 21, Sched. C, s. 105 (1).

Evidence

27.(1)Subject to subsections (3) and (4), the Small Claims Court may admit as evidence at a hearing and act upon any oral testimony and any document or other thing so long as the evidence is relevant to the subject-matter of the proceeding, but the court may exclude anything unduly repetitious.

Idem

(2)Subsection (1) applies whether or not the evidence is given or proven under oath or affirmation or admissible as evidence in any other court.

Idem

(3)Nothing is admissible in evidence at a hearing,

(a) that would be inadmissible by reason of any privilege under the law of evidence; or

(b) that is inadmissible by any Act.

Conflicts

(4)Nothing in subsection (1) overrides the provisions of any Act expressly limiting the extent to or purposes for which any oral testimony, documents or things may be admitted or used in evidence in any proceeding.

Copies

(5)A copy of a document or any other thing may be admitted as evidence at a hearing if the presiding judge is satisfied as to its authenticity. R.S.O. 1990, c. C.43, s. 27.

Instalment orders

28.The Small Claims Court may order the times and the proportions in which money payable under an order of the court shall be paid. R.S.O. 1990, c. C.43, s. 28.

Limit on costs

29. An award of costs in the Small Claims Court, other than disbursements, shall not exceed 15 per cent of the amount claimed or the value of the property sought to be recovered unless the court considers it necessary in the interests of justice to penalize a party or a party’s representative for unreasonable behaviour in the proceeding. R.S.O. 1990, c. C.43, s. 29; 2006, c. 21, Sched. C, s. 105 (2).

30.Repealed: 1994, c. 12, s. 11.

Appeals

31.An appeal lies to the Divisional Court from a final order of the Small Claims Court in an action,

(a) for the payment of money in excess of $500, excluding costs; or

(b) for the recovery of possession of personal property exceeding $500 in value. R.S.O. 1990, c. C.43, s. 31.

Deputy judges

32.(1)A regional senior judge of the Superior Court of Justice may, with the approval of the Attorney General, appoint a lawyer to act as a deputy judge of the Small Claims Court for a term of three years. R.S.O. 1990, c. C.43, s. 32 (1); 1994, c. 12, s. 12; 1996, c. 25, s. 9 (17).

Idem