jswizzle3737/ontario_laws_and_regs huggingface dataset:
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, (c)  notice of action, (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 79.1. (“région”)  R.S.O. 1990, c. C.43, s. 1; 1993, c. 27, Sched.; 2006, c. 21, Sched. A, s. 1. Interpretation, judge not to include associate judge (1.1) A reference made to a judge under this Act does not include a reference to an associate judge. 2021, c. 4, Sched. 3, s. 1. 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. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2006, c. 21, Sched. A, s. 1 - 01/10/2007; 2006, c. 21, Sched. F, s. 106 - 25/07/2007 2021, c. 4, Sched. 3, s. 1 - 01/09/2021 References to former names of courts
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. Same (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.
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 (c)  fourteen other judges. Same (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.
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). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (14, 17) - 19/04/1999
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.
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, (i)  an order referred to in clause 19 (1) (a) or (a.1), or (ii)  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; (d)  an order made under section 137.1. R.S.O. 1990, c. C.43, s. 6 (1); 1994, c. 12, s. 1; 1996, c. 25, s. 9 (17); 2015, c. 23, s. 1; 2020, c. 25, Sched. 2, s. 1 (1). Leave not required for second appeal (1.0.1) Despite clause (1) (a), leave of the Court of Appeal is not required in the case of an order of the Divisional Court on an appeal under Part V or VIII of the Child, Youth and Family Services Act, 2017. 2020, c. 25, Sched. 2, s. 1 (2); 2021, c. 34, Sched. 4, s. 1. Leave required for second appeal (1.1) Despite clause (1) (b), a final order of a judge of the Superior Court of Justice made on a first appeal from an order described in subsection (1.2) may be appealed to the Court of Appeal only with leave from the Court of Appeal, as provided in the rules of court. 2020, c. 25, Sched. 2, s. 1 (3). Same (1.2) The orders mentioned in subsection (1.1) are orders of the Ontario Court of Justice under any of the following statutes or statutory provisions: 1.  The Change of Name Act. 2.  The Children’s Law Reform Act, except sections 59 and 60. 3.  Section 6 of the Marriage Act. 2020, c. 25, Sched. 2, s. 1 (3). 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). Same (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). Transition (4) This section, as it read immediately before the day subsection 1 (1) of Schedule 2 to the Moving Ontario Family Law Forward Act, 2020 came into force, continues to apply to, (a)  any case in which a notice of appeal was filed before that day; and (b)  any further appeals or proceedings arising from a case described in clause (a). 2020, c. 25, Sched. 2, s. 1 (4). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 1 - 28/02/1995; 1996, c. 25, s. 9 (17) - 19/04/1999 2015, c. 23, s. 1
- 03/11/2015 2020, c. 25, Sched. 2, s. 1 (1-4) - 01/03/2021 2021, c. 34, Sched. 4, s. 1 - 02/12/2021 Composition of court
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. Same (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. Same (4) A judge assigned to hear and determine a motion may adjourn the motion to a panel of the Court of Appeal. Same (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.
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). Same (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). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. A, s. 2 - 19/10/2006
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.  R.S.O. 1990, c. C.43, s. 9 (1). (2) Repealed: 2009, c. 33, Sched. 2, s. 20 (1). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 20 (1) - 01/01/2015 PART II   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). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (2) - 19/04/1999 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). Same (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). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (3, 17) - 19/04/1999
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; (c)  a regional senior judge of the Superior Court of Justice for each region; (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). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (14, 15, 17) - 19/04/1999; 1998, c. 20, Sched. A, s. 1 (2) - 26/02/1999; 1998, c. 20, Sched. A, s. 22 (2) - 19/04/1999
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). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (14, 17) - 19/04/1999 Chief Justice, Associate Chief Justice and regional senior judges of Superior Court of Justice; Senior Judge of Family Court
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). Same (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). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (14, 17) - 19/04/1999
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). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 4 - 28/02/1995; 1996, c. 25, s. 9 (16, 17) - 19/04/1999
17 An appeal lies to the Superior Court of Justice from, (a)  an interlocutory order of a master, case management master or associate judge; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 17 (a) of the Act is amended by striking out “a master, case management master or associate judge” at the end and substituting “an associate judge”. (See: 2021, c. 34, Sched. 4, s. 3 (2)) (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); 2021, c. 34, Sched. 4, s. 3 (1). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (1) - 31/10/1996; 1996, c. 25, s. 9 (17) - 19/04/1999 2021, c. 34, Sched. 4, s. 3 (1) - 01/09/2021; 2021, c. 34, Sched. 4, s. 3 (2) - not in force 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). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 5 - 28/02/1995; 1996, c. 25, s. 9 (14, 17) - 19/04/1999; 1998, c. 20, Sched. A, s. 3 - 26/02/1999
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). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 7 - 28/02/1995; 1996, c. 25, s. 9 (14) - 19/04/1999
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). Same (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 person referred to in subsection 24 (2) 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); 2017, c. 2, Sched. 2, s. 2. Same, motions (3) A motion in the Divisional Court shall be heard and determined by one judge, unless otherwise provided by the rules of court.  R.S.O. 1990, c. C.43, s. 21 (3). Same (4) A judge assigned to hear and determine a motion may adjourn it to a panel of the Divisional Court.  R.S.O. 1990, c. C.43, s. 21 (4). Same (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 (5). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (14) - 19/04/1999 2017, c. 2, Sched. 2, s. 2 - 22/03/2017 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. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995; 1996, c. 25, s. 9 (17) - 19/04/1999 2002, c. 17, Sched. F, Table - 01/01/2003
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; (c)  the Senior Judge of the Family Court; (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). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995; 1996, c. 25, s. 9 (14, 17) - 19/04/1999; 1998, c. 20, Sched. A, s. 4 (1, 2) - 26/02/1999; 1998, c. 20, Sched. A, s. 22 (4) - 19/04/1999
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). Section Amendments with date in force (d/m/y) 1998, c. 20, Sched. A, s. 22 (5) - 19/04/1999 21.4 Repealed:  1998, c. 20, Sched. A, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 20, Sched. A, s. 5 - 26/02/1999 21.5 Repealed:  1998, c. 20, Sched. A, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 20, Sched. A, s. 5 - 26/02/1999 21.6 Repealed:  1998, c. 20, Sched. A, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 20, Sched. A, s. 5 - 26/02/1999
21.7 A proceeding in the Family Court shall be heard and determined by one judge.  1994, c. 12, s. 8; 2009, c. 33, Sched. 2, s. 20 (4). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995 2009, c. 33, Sched. 2, s. 20 (4) - 15/12/2009
21.9 Where 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. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995 21.9.1 Repealed: 2020, c. 25, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (4) - 31/10/1996; 1996, c. 25, s. 9 (17, 18) - 19/04/1999; 1998, c. 20, Sched. A, s. 6 - 26/02/1999 2020, c. 25, Sched. 2, s. 3 - 01/03/2021
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). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995; 1996, c. 25, s. 9 (17, 18) - 19/04/1999
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. 1994, c. 12, s. 8. Part III, Children's Law Reform Act
application (2) An application under Part III of the Children’s Law Reform Act in respect of a child who habitually resides in a part of Ontario where the Family Court has jurisdiction may be commenced in the Family Court in that part of Ontario. 1994, c. 12, s. 8; 2020, c. 25, Sched. 1, s. 27 (1). 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. 1994, c. 12, s. 8. 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. 1994, c. 12, s. 8. 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. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995 2020, c. 25, Sched. 1, s. 27 (1) - 01/03/2021
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 V (Child Protection) and Part VIII (Adoption and Adoption Licensing) of the Child, Youth and Family Services Act, 2017, the Children’s Law Reform Act, the Family Law Act and the Family Responsibility and Support Arrears Enforcement Act, 1996. 2017, c. 14, Sched. 4, s. 10 (2). (2), (3) Repealed:  2009, c. 33, Sched. 2, s. 20 (5). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. C. 43, s. 21.12 (3) - no effect - see 2009, c. 33, Sched. 2, s. 20 (5) - 15/12/2009; 1998, c. 20, Sched. A, s. 7 - 26/02/1999; 1998, c. 20, Sched. A, s. 22 (6) - 19/04/1999 2009, c. 33, Sched. 2, s. 20 (5) - 15/12/2009 2017, c. 14, Sched. 4, s. 10 (2) - 30/04/2018
21.13 (1) There shall be one or more community liaison committees, as determined by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, for each area in which the Family Court has jurisdiction.  1998, c. 20, Sched. A, s. 22 (7); 2009, c. 33, Sched. 2, s. 20 (6). 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. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995; 1998, c. 20, Sched. A, s. 22 (7) - 19/04/1999 2009, c. 33, Sched. 2, s. 20 (6) - 15/12/2009
21.14 (1) There shall be one or more community resources committees, as determined by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, for each area in which the Family Court has jurisdiction.  1998, c. 20, Sched. A, s. 22 (8); 2009, c. 33, Sched. 2, s. 20 (7). 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. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995; 1998, c. 20, Sched. A, s. 22 (8) - 19/04/1999 2009, c. 33, Sched. 2, s. 20 (7) - 15/12/2009
21.15 A 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. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995 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). Same (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). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (14, 17) - 19/04/1999
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). Note: On a day to be named by proclamation of the Lieutenant Governor, section 23 of the Act is amended by adding the following subsections: (See: 2023, c. 12, Sched. 3, s. 1) Commencement of actions in Small Claims Court (1.1) An action that is within the Small Claims Court’s jurisdiction shall not, despite subsection 11 (2), be commenced in the Superior Court of Justice except with leave of the Superior Court of Justice as provided in the rules of court. 2023, c. 12, Sched. 3, s. 1. Same (1.2) Subsection (1.1) does not apply with respect to a counterclaim, crossclaim or third or subsequent party claim, where the main action was commenced in the Superior Court of Justice. 2023, c. 12, Sched. 3, s. 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). Same (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). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (17) - 19/04/1999 2023, c. 12, Sched. 3, s. 1 - not in force
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). Other judicial officials who may preside (2) Despite subsection (1), a proceeding in the Small Claims Court may also be heard and determined by, (a)  Repealed: 2023, c. 2, Sched. 2, s. 1. (b)  a deputy judge appointed under section 32; or (c)  the Small Claims Court Administrative Judge appointed under section 87.2. 2017, c. 2, Sched. 2, s. 3; 2023, c. 2, Sched. 2, s. 1. 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 (3). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 9 - 22/12/1999 1996, c. 25, s. 9 (17) - 19/04/1999 2017, c. 2, Sched. 2, s. 3 - 22/03/2017 2023, c. 2, Sched. 2, s. 1 - 22/03/2023
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.
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). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 10 - 28/02/1995 2006, c. 21, Sched. C, s. 105 (1) - 01/05/2007
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. Same (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. Same (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.
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.
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). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 105 (2) - 01/05/2007
30 (1) The Small Claims Court may, in accordance with the rules of court, order a debtor or other person who is required to and fails to attend an examination respecting a default by the debtor under an order of the court for the payment or recovery of money, to attend before the court for a contempt hearing.  2009, c. 33, Sched. 2, s. 20 (8). Finding of contempt (2) The Small Claims Court may find a person to be in contempt of court at a hearing referred to in subsection (1), if the court is satisfied that, (a)  the person was required to attend the examination; (b)  the person was served, in accordance with the rules of court, with a notice to attend the examination; (c)  the person failed to attend the examination; and (d)  the failure to attend was wilful.  2009, c. 33, Sched. 2, s. 20 (8). Power conferred (3) For greater certainty, the power of the Small Claims Court to order, hear and determine a contempt hearing under this section is conferred on and may be exercised by the persons referred to in clauses 24 (2) (a) and (b).  2009, c. 33, Sched. 2, s. 20 (8). Limit on imprisonment in certain cases (4) If a contempt hearing under subsection (1) is heard and determined by a person referred to in clause 24 (2) (a) or (b), the court may make such orders respecting the person in contempt as are specified by the rules of court, but the court shall not make an order that the person be imprisoned for a period of more than five days.  2009, c. 33, Sched. 2, s. 20 (8). Authority unaffected (5) Nothing in this section affects the authority of the Small Claims Court to order, hear and determine contempt hearings where it is otherwise authorized by law.  2009, c. 33, Sched. 2, s. 20 (8). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 11 - 28/02/1995 2009, c. 33, Sched. 2, s. 20 (8) - 01/01/2011
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 the prescribed amount, excluding costs; or (b)  for the recovery of possession of personal property exceeding the prescribed amount in value.  R.S.O. 1990, c. C.43, s. 31; 2009, c. 33, Sched. 2, s. 20 (9, 10). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 20 (9, 10) - 01/07/2010
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.  2009, c. 33, Sched. 2, s. 20 (11). Term of appointment (2) The appointment of a deputy judge is for a term of three years, subject to subsections (3) and (7).  2009, c. 33, Sched. 2, s. 20 (11). Annual appointment if 65 or older (3) If the deputy judge is 65 years of age or older and under 75 years of age, the appointment shall be for a term of one year, subject to subsection (8).  2009, c. 33, Sched. 2, s. 20 (11). Renewal before age 65 (4) The appointment of a deputy judge who is under 65 years of age may be renewed by a regional senior judge of the Superior Court of Justice for a term of three years, subject to subsection (7).  2009, c. 33, Sched. 2, s. 20 (11). Annual renewal if 65 or older (5) The appointment of a deputy judge who is 65 years of age or older and under 75 years of age may be renewed by a regional senior judge of the Superior Court of Justice for a term of one year, subject to subsection (8).  2009, c. 33, Sched. 2, s. 20 (11). No limit, renewals (6) Subject to subsections (7) to (9), there is no limit to the number of times the appointment of a deputy judge can be renewed under subsection (4) or (5).  2009, c. 33, Sched. 2, s. 20 (11). Expiry of term at age 65 (7) If the deputy judge is 63 years of age or older and under 65 years of age, an appointment under subsection (2) or a renewal under subsection (4) shall provide for a term that expires when he or she reaches 65 years of age.  2009, c. 33, Sched. 2, s. 20 (11). Expiry of term at age 75 (8) If the deputy judge is 74 years of age, an appointment under subsection (3) or a renewal under subsection (5) shall provide for a term that expires when he or she reaches 75 years of age.  2009, c. 33, Sched. 2, s. 20 (11). Age limit (9) No person shall be appointed as a deputy judge, or have an appointment renewed, once he or she reaches 75 years of age.  2009, c. 33, Sched. 2, s. 20 (11). Current appointments (10) For greater certainty, nothing in this section shortens or otherwise affects an appointment or renewed appointment that is in effect immediately before December 15, 2009, but any renewals of the appointment on and after that day are subject to this section.  2009, c. 33, Sched. 2, s. 20 (11); 2015, c. 27, Sched. 1, s. 1 (4). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 12 - 28/02/1995; 1996, c. 25, s. 9 (17) - 19/04/1999 2009, c. 33, Sched. 2, s. 20 (11) - 01/07/2010 2015, c. 27, Sched. 1, s. 1 (4) - 03/12/2015
33 (1) A council known as the Deputy Judges Council in English and as Conseil des juges suppléants in French is established.  1994, c. 12, s. 13. Composition (2) The Deputy Judges Council is composed of, (a)  the Chief Justice of the Superior Court of Justice, or another judge of the Superior Court of Justice designated by the Chief Justice; (b)  a regional senior judge of the Superior Court of Justice, appointed by the Chief Justice; (c)  a judge of the Superior Court of Justice, appointed by the Chief Justice; (d)  the Small Claims Court Administrative Judge appointed under section 87.2 or a deputy judge, as appointed by the Chief Justice; and; (e)  three persons who are neither judges nor lawyers, appointed by the Lieutenant Governor in Council on the Attorney General’s recommendation.  1994, c. 12, s. 13; 1996, c. 25, s. 9 (14, 17); 2017, c. 2, Sched. 2, s. 4. Criteria (3) In the appointment of members under clause (2) (e), the importance of reflecting, in the composition of the Council as a whole, Ontario’s linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized.  1994, c. 12, s. 13. Chair (4) The Chief Justice of the Superior Court of Justice, or his or her designate, shall chair the meetings of the Deputy Judges Council.  1994, c. 12, s. 13; 1996, c. 25, s. 9 (14). Same (5) The chair is entitled to vote, and may cast a second deciding vote if there is a tie.  1994, c. 12, s. 13. Functions (6) The functions of the Deputy Judges Council are, (a)  to review and approve standards of conduct for deputy judges as established by the Chief Justice; (b)  to review and approve a plan for the continuing education of deputy judges as established by the Chief Justice; and (c)  to make recommendations on matters affecting deputy judges.  1994, c. 12, s. 13. Duty of Chief Justice (7) The Chief Justice shall ensure that any standards of conduct are made available to the public, in English and French, when they have been approved by the Deputy Judges Council.  2006, c. 21, Sched. A, s. 4. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 13 - 28/02/1995; 1996, c. 25, s. 9 (14, 17) - 19/04/1999 2006, c. 21, Sched. A, s. 4 - 01/10/2007 2017, c. 2, Sched. 2, s. 4 - 22/03/2017
34 The Ontario Court (Provincial Division) is continued as a court of record under the name Ontario Court of Justice in English and Cour de justice de l’Ontario in French.  1996, c. 25, s. 9 (5). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (5) - 19/04/1999
35 The Ontario Court of Justice shall consist of, (a)  the Chief Justice of the Ontario Court of Justice appointed under subsection 42 (3), who shall be president of the Ontario Court of Justice; (a.1)  the Associate Chief Justice and the Associate Chief Justice-Co-ordinator of Justices of the Peace of the Ontario Court of Justice appointed under subsections 42 (4) and (5); (b)  a regional senior judge of the Ontario Court of Justice appointed under subsection 42 (6) for each region; (b.1)  the Senior Advisory Family Judge of the Ontario Court of Justice appointed under subsection 42 (6.2); (c)  such provincial judges as are appointed under subsection 42 (1); and (d)  such provincial judges as were assigned to the Provincial Court (Criminal Division) or the Provincial Court (Family Division) on the 31st day of December, 1989.  R.S.O. 1990, c. C.43, s. 35; 1994, c. 12, s. 14; 1996, c. 25, s. 9 (18, 20); 2015, c. 27, Sched. 1, s. 1 (5). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 14 (1, 2) - 28/02/1995; 1996, c. 25, s. 9 (18, 20) - 19/04/1999 2015, c. 27, Sched. 1, s. 1 (5) - 01/01/2014 Chief Justice, Associate Chief Justice and regional senior judges of Ontario Court of Justice
36 (1) The Chief Justice of the Ontario Court of Justice shall direct and supervise the sittings of the Ontario Court of Justice and the assignment of its judicial duties.  R.S.O. 1990, c. C.43, s. 36 (1); 1996, c. 25, s. 9 (16, 18, 20). Regional senior judges (2) A regional senior judge of the Ontario Court of Justice shall, subject to the authority of the Chief Justice of the Ontario Court of Justice, exercise the powers and perform the duties of the Chief Justice of the Ontario Court of Justice in his or her region.  R.S.O. 1990, c. C.43, s. 36 (2); 1993, c. 27, Sched.; 1996, c. 25, s. 9 (18, 20). Delegation (3) A regional senior judge of the Ontario Court of Justice may delegate to a judge of the Ontario Court of Justice in his or her region the authority to exercise specified functions.  R.S.O. 1990, c. C.43, s. 36 (3); 1996, c. 25, s. 9 (18). Absence of Chief Justice (4) If the Chief Justice of the Ontario 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 an associate chief justice of the Ontario Court of Justice designated by the Chief Justice of the Ontario Court of Justice.  R.S.O. 1990, c. C.43, s. 36 (4); 1994, c. 12, s. 15; 1996, c. 25, s. 9 (18, 20). Senior Advisory Family Judge (5) The Senior Advisory Family Judge of the Ontario Court of Justice shall, (a)  advise the Chief Justice of the Ontario Court of Justice with regard to, (i)  the education of judges with respect to family law matters, and (ii)  practices, procedures and programs relating to family law matters; (b)  preside over the Ontario Court of Justice Advisory Committee on Family Law; (c)  attend such meetings as the Chief Justice directs; and (d)  perform other duties respecting family law matters assigned to the Senior Advisory Family Judge by the Chief Justice. 2015, c. 27, Sched. 1, s. 1 (6). Absence of regional senior judge or Senior Advisory Family Judge (6) The powers and duties of a regional senior judge of the Ontario Court of Justice or of the Senior Advisory Family Judge 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 Ontario Court of Justice designated by the Chief Justice of the Ontario Court of Justice. 2015, c. 27, Sched. 1, s. 1 (6). Meetings (7) The Chief Justice of the Ontario Court of Justice may hold meetings with the associate chief justices, the regional senior judges of the Ontario Court of Justice and the Senior Advisory Family Judge in order to consider any matters concerning sittings of the Ontario Court of Justice and the assignment of its judicial duties. 2015, c. 27, Sched. 1, s. 1 (6). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1994, c. 12, s. 15 - 28/02/1995; 1996, c. 25, s. 9 (16, 18, 20) - 19/04/1999 2015, c. 27, Sched. 1, s. 1 (6) - 01/01/2014
37 (1) The Chief Justice of the Ontario Court of Justice shall assign every provincial judge to a region and may re-assign a judge from one region to another.  R.S.O. 1990, c. C.43, s. 37 (1); 1996, c. 25, s. 9 (18, 20). Same (2) Subsection (1) does not prevent the temporary assignment of a provincial judge to a location anywhere in Ontario.  R.S.O. 1990, c. C.43, s. 37 (2). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (18, 20) - 19/04/1999 Jurisdiction of Ontario Court of Justice
38 (1) A provincial judge has the power and authority of two or more justices of the peace when sitting in the Ontario Court of Justice and shall exercise the powers and perform the duties that any Act of the Parliament of Canada confers on a provincial court judge when sitting in the Ontario Court of Justice.  R.S.O. 1990, c. C.43, s. 38 (1); 1996, c. 25, s. 9 (18). Provincial offences and family matters (2) The Ontario Court of Justice shall perform any function assigned to it by or under the Provincial Offences Act, the Family Law Act, the Children’s Law Reform Act, the Child, Youth and Family Services Act, 2017 or any other Act.  R.S.O. 1990, c. C.43, s. 38 (2); 1996, c. 25, s. 9 (18); 2017, c. 14, Sched. 4, s. 10 (3). Youth court and youth justice court (3) The Ontario Court of Justice is a youth court for the purposes of the Young Offenders Act (Canada) and a youth justice court for the purposes of the Youth Criminal Justice Act (Canada).  2006, c. 19, Sched. D, s. 5 (1). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (18) - 19/04/1999 2006, c. 19, Sched. D, s. 5 (1) - 22/06/2006 2017, c. 14, Sched. 4, s. 10 (3) - 30/04/2018