Jurisdiction and organization of the courts of Ontario

Question 1

The Court of Ontario consists of two divisions

Answer 1

the Superior Court of Justice and the Ontario Court of Justice

Question 2

The jurisdiction of the Superior Court of Justice is

Answer 2

both civil and criminal.

Question 3

The Superior Court consists of a

Answer 3

Chief Justice-president
Associate Chief Justice
a regional senior judge for each region
Senior Judge of Family Court
fixed number of judges per regulation

Question 4

Every proceeding in the Superior Court is heard and determined by

Answer 4

one judge

Question 5

Small Claims Court is a branch of

Answer 5

the Superior Court of Justice, and is meant to provide a more accessible and less formal way of litigating disputes

Question 6

Small Claims Court has jurisdiction in actions for the

Answer 6

• payment of money
• recovery of personal property
• amount cannot exceed $35,000

Question 7

Does the Small Claims Court have inherent jurisdiction?

Answer 7

no, it is a statutory court

Question 8

When can the Small Claims Court hear matters that exceed the monetary limit?

Answer 8

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

Question 9

Grover v Hodgins held that the Small Claims Court has the jurisdiction to grant

Answer 9

equitable relief where the amt of money or value of property is within the monetary limit if the SMall Claims Court.

Question 10

The judicial head/president of the Small Claims Court is

Answer 10

The Superior Court of Justice who is responsible for assigning judges to the court.

Question 11

What is a deputy judge?

Answer 11

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.

Question 12

A deputy judge is addressed as

Answer 12

your Honour

Question 13

The Small Claims Court has a statutory madate to

Answer 13

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.

Question 14

What is relaxed to ensure that the SMall Claims Court meets its mandate?

Answer 14

Rules of evidence, allowing oral testimony and any document so long as it is relevant to the matter (ignores hearsay rule generally)

Question 15

The Divisional Court is a branch of

Answer 15

the Superior Court of Justice

Question 16

The Div Court exercises

Answer 16

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

Question 17

The Ontario Court of Justice is

Answer 17

• a statutory court
• judges perform duties conferred inter alia by the POA or any other statute
• also the Youth Justice Court

Question 18

Every proceeding in the Ontario Court of Justice is heard by

Answer 18

one judge, or justice of the peace (for POA matters)

Question 19

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

Answer 19

The Superior Court of Justice

Question 20

Paralegals may appear before the Ontario Court of Justice only in proceedings as provided for

Answer 20

under section 6 of Bylaw 4 made under the Law Society Act, including POA matters and prescribed summary conviction matters under the Criminal Code

Question 21

Paralegals may not represent ppl at the Ontario Court of Justice in

Answer 21

Youth Justice Act matters

Question 22

Specialized Toronto courts have been established on the following subjects:

Answer 22

• commercial
• estates
• family law matters

Question 23

Who has general supervision and direction over the sittings of the Court of Appeal/assignment of the judicial duties of the court

Answer 23

The Ontario Chief Justice

Question 24

Who makes up the Ontario Court of Appeal?

Answer 24

The Chief Justice of Ontario, Associate Chief Justice, and 14 other judges

Question 25

Proceedings of the ONtario Courtof Appeal are heard by

Answer 25

not fewer than three judges together, and always an uneven number