Superior Court of Justice (Ontario)
The Superior Court of Justice for Ontario, Canada is the successor to the former Ontario Court of Justice (General Division), and was created on April 19, 1999. Its predecessor, the Ontario Court (General Division) was the result of the 1990 merger and discontinuance of the previous High Court of Justice, District Court and Surrogate Court divisions of what used to be called the Supreme Court of Ontario. The Superior Court of Justice continues as a superior court of record with general and inherent jurisdiction in all civil and criminal matters. Its seat is at historic Osgoode Hall in Toronto, and the court has 8 regions province-wide.
All civil matters are disposed of in the Superior Court, with the exception the family law matters that are within the jurisdiction of the Ontario Court of Justice. The Ontario Court of Justice is a lower court that took over the functions of the former Ontario Court (Provincial Division) in 1999. The Superior Court of Justice has sole jurisdiction in divorce cases and in family law matters where there are claims for the division of matrimonial property. It also hears support and custody matters, generally when these have been included in a claim for divorce or where theses claims have been joined to claim seeking a division of marital property. Judges of the Superior Court adjudicate claims under the Landlord and Tenant Act. They also hear appeals from the decisions of judges of Ontario Court of Justice in summary conviction matters.
The Superior Court of Justice is as well the superior trial court with general jurisdiction in criminal matters, and it hears all criminal cases that are tried before a judge and a jury.
Branches of the Superior Court of Justice
There are three branches of the Superior Court of Justice:
The Divisional Court:
The Divisional Court hears appeals from some judgments and orders of judges of the Superior Court of Justice and it reviews or hears appeals from decisions of administrative tribunals. It hears all appeals from a final order of the Superior Court where the award is not more than $25,000.00. The Divisional Court consists of the Chief Justice of the Superior Court of Justice, who is president of the court, and such other judges of the Superior Court as the Chief Justice designates from time to time. The Divisional Court is a descendent of the court of the same name in England, which is part of the Queen's Bench division of the English High Court of Justice, and hears certain appeals.
The Small Claims Court:
The Small Claims Court has jurisdiction in civil matters where the amount in issue does not exceed $10,000.00 exclusive of interest and costs. The monetary jurisdiction of this court is fixed by regulation. The majority of Small Claims Court matters are heard by deputy judges, lawyers who have been appointed for a period of three years by the Regional Senior Justice to hear these types of cases. As result of court reform, no new full time judges have been appointed by the provincial government to preside in Small Claims Court.
The Family Court:
The Family Court succeeds what was known as the Unified Family Court, which began as a pilot project in Hamilton, in 1977. It has complete jurisdiction over all family law matters in its area, including those matters currently within the jurisdiction of judges of the Provincial Division and the General Division. The Family Court is presided over by a Senior Judge of the Superior Court for the Family Court. The Family Court consists of the Chief Justice of the Superior Court Court, the Associate Chief Justice (Family Court) the Senior Judge of the of the Family Court, plus 29 other judges.
Judicial Officers of the Court:
The Superior Court consists of the Chief Justice of the Superior Court of Justice, currently the Hon. Heather Forster Smith; the Associate Chief Justice of the Superior Court of Justice, currently the Honourable J. Douglas Cunningham; 8 Regional Senior Judges; a Senior Judge of the Family Court; and such number of judges as is fixed by provincial regulation. The current complement of judges is fixed at 223 judges excluding the Chief Justice, the Associate, the Regional Senior Judges and the Senior Judge of the Family Court. Of this number, 29 are appointed as members of the Family Court. In addition there are a number of supernumerary judges appointed as required from time to time.
Superior Court Judges are federally appointed and paid by the federal government.
Masters
There are currently 17 Masters, who have jurisdiction conferred by the rules of the court in proceedings in the Superior Court. Masters are authorized to hear most pre-trial procedural questions and, as well, deal with specialized matters such as construction liens and bankruptcy. They also conduct assessments of solicitors fees and accounts. Masters are appointed by the provincial government. As a result of court reform, the power to appoint new Masters was removed. Masters only sit in the Toronto region of the court.
(Updated from Ontario Civil Justice review, Ontario Ministry of Attorney General, 1995)
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