Jurisdiction and organization of the courts of Ontario Flashcards
The Court of Ontario consists of two divisions
the Superior Court of Justice and the Ontario Court of Justice
The jurisdiction of the Superior Court of Justice is
both civil and criminal.
The Superior Court consists of a
Chief Justice-president
Associate Chief Justice
a regional senior judge for each region
Senior Judge of Family Court
fixed number of judges per regulation
Every proceeding in the Superior Court is heard and determined by
one judge
Small Claims Court is a branch of
the Superior Court of Justice, and is meant to provide a more accessible and less formal way of litigating disputes
Small Claims Court has jurisdiction in actions for the
- payment of money
- recovery of personal property
- amount cannot exceed $35,000
Does the Small Claims Court have inherent jurisdiction?
no, it is a statutory court
When can the Small Claims Court hear matters that exceed the monetary limit?
The Small Claims Court does not have jurisdiction to try matters that exceed the monetary limit. However, in a case where liquidated damages were involved wiwth both the plaintiff and defendant, and net amt is determined to be within the monetary limit, the Small Claims Court can hear the matter
Grover v Hodgins held that the Small Claims Court has the jurisdiction to grant
equitable relief where the amt of money or value of property is within the monetary limit if the SMall Claims Court.
The judicial head/president of the Small Claims Court is
The Superior Court of Justice who is responsible for assigning judges to the court.
What is a deputy judge?
A lawyer who may be appointed to hear and determine proceedings in the Small CLaims Court. They are appointed by the regional senior judge of the Superior Court of Justice with the approval of the AG.
A deputy judge is addressed as
your Honour
The Small Claims Court has a statutory madate to
hear and determine in a summary way all questions of law and fact and make sure such order as is considered just and agreeable to a good conscience.
What is relaxed to ensure that the SMall Claims Court meets its mandate?
Rules of evidence, allowing oral testimony and any document so long as it is relevant to the matter (ignores hearsay rule generally)
The Divisional Court is a branch of
the Superior Court of Justice
The Div Court exercises
appellate jurisdiction, appeals from the Small Claims Court, and matter which exceed the monetary limit of the Small Claims Court
also excercises original jurisdiction in applications for judicial review of administrative actions, per section 6(1) of the Judicial Review Procedure Act
The Ontario Court of Justice is
- a statutory court
- judges perform duties conferred inter alia by the POA or any other statute
- also the Youth Justice Court
Every proceeding in the Ontario Court of Justice is heard by
one judge, or justice of the peace (for POA matters)
Except for proceedings under the Criminal Code or POA, if no provision is made concerning an appeal from an order of the Ontario Court of Justice, the appeal lies to
The Superior Court of Justice
Paralegals may appear before the Ontario Court of Justice only in proceedings as provided for
under section 6 of Bylaw 4 made under the Law Society Act, including POA matters and prescribed summary conviction matters under the Criminal Code
Paralegals may not represent ppl at the Ontario Court of Justice in
Youth Justice Act matters
Specialized Toronto courts have been established on the following subjects:
- commercial
- estates
- family law matters
Who has general supervision and direction over the sittings of the Court of Appeal/assignment of the judicial duties of the court
The Ontario Chief Justice
Who makes up the Ontario Court of Appeal?
The Chief Justice of Ontario, Associate Chief Justice, and 14 other judges
Proceedings of the ONtario Courtof Appeal are heard by
not fewer than three judges together, and always an uneven number
