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Courts in Ontario

Courts in Ontario. I. Court of Ontario. Composed of the Ontario Court of Justice and the Superior Court of Justice. A. Ontario Court of Justice. Ontario Court of Justice is an amalgamation of the former Criminal and Family divisions of Provincial Court

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Courts in Ontario

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  1. Courts in Ontario

  2. I. Court of Ontario • Composed of the Ontario Court of Justice and the Superior Court of Justice

  3. A. Ontario Court of Justice • Ontario Court of Justice is an amalgamation of the former Criminal and Family divisions of Provincial Court • Generally, an appeal from the OCJ lies to the Superior Court of Justice

  4. B. Superior Court of Justice • For our purposes, will consider four main components: • General Trial Function • Divisional Court • Small Claims Court • Specialized Toronto Courts

  5. 1. General Trial Function • The SCJ is Ontario’s superior court of inherent jurisdiction • Its staff includes judges, masters and assessment officers (to assess costs) • Hears appeals of • interlocutory orders made by a master; • assessment orders made by assessment officers; • Most final orders of the Ontario Ct of Justice

  6. 2. Divisional Court • Primarily an appellate court, but some original jurisdiction (eg. App. Judicial rev) • Div Ct has appellate jurisdiction over: • A final order of the Superior Ct of Justice requiring a maximum payment of $25,000; • An interlocutory order of a judge of SCJ; • A final order of a master; and, • Final order of Small Claims Court of at least $500.00

  7. 3. Small Claims Court • Jurisdiction limited to claims max. $10,000 • No jurisdiction to grant equitable relief • Relaxed rules of evidence (eg. Hearsay is permitted) • Parties often either self-represented or represented by an ‘agent’ (paralegal, etc.) rather than by a lawyer

  8. 4. Specialized Toronto Courts • Three specialized courts established in Toronto by ‘practice direction’: • Commercial List - specialized judges re: claims brought under certain legislation (PPSA, CBCA, OBCA, et) (b) Estates Court - trials re: contested wills, SLRA, etc. (c) Family Court

  9. II. Court of Appeal • General appellate jurisdiction of the Superior Court of Justice • CJ, Assoc CJ and 14 justices – sits in panels of three or more • Hears appeals from: • SCJ, unless an appeal lies to the Div Ct; and • Div Ct. • Appeal lies to the Supreme Court of Canada

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