Ontario. County and District Courts

• County and District Courts

• Upper Canada. District Courts

• Canada (Province). District Courts

• Ontario. District Courts

• Canada (Province). County Courts

• Upper Canada. County Courts

The County Courts (originally named District Courts) were established by statute in 1794. With the abolishment of the old Court of Common Pleas, which was a French civil law court, it was felt that local courts should be established in each of the districts of the Province of Upper Canada (at that time there were four districts - the Eastern, Midland, Home and Western) to deal with cases involving small debts. The Courts of Request were created and given jurisdiction in cases involving debts of up to 40 shillings, while the District Courts were given jurisdiction over cases of between 40 shillings and 15 pounds. The District Courts were presided over by one or more judges appointed by commission. In this capacity, the appointed judge would also be a Justice of the Peace. The Courts sat four times a year. As new districts were created within the province, new Courts were, in turn, established for those districts.

In 1841, legislation was passed to create a more professional and independent local judiciary, stating that only a Barrister at law could be appointed as a judge of the District Court. The District Court judge was also to preside over the newly created Division Courts (previously the Courts of Requests) as well as to preside as Chairman at the Courts of General Quarter Sessions of the Peace for the district. With the responsibilities of the District Court judge increasing, many District Courts required more than one judge. As a result, "Junior" judges began to be appointed to District Courts by the mid- 1840's.

In 1845, legislation was passed that amended and consolidated into one Act, all of the legislation governing the District Courts, and increased the jurisdiction of these Courts to involve cases up to 25 pounds.

In 1849, legislation was passed which abolished the districts of the province (this legislation came into effect on January 1, 1850). With this change, judicial business formerly conducted at the district level began to be conducted at the county level. Although most of the counties in the province at this time had boundaries which were largely identical to the old districts, some counties had to be united in order to match the boundaries of a former district. Thus the District Courts became the County Courts.

In 1853, however, new types of districts were created in certain areas of the province in order to better administer the new tracts of land being settled. These areas were called Judicial Districts and judges with the same qualifications and powers as those of the County Courts were to be appointed to each new district.

Originally, appeals were not allowed from the judgement of a County Court. In 1845, however, this was somewhat modified and by application, the County Court could send the record of a case to the Court of King's Bench where it could be examined for errors in law only. Starting in 1876 the Court of Appeal was allowed to hear appeals from the County Courts. The process was again changed in 1895, when appeals were to be heard by the Divisional Court of the High Court. The Divisional Courts, however, were abolished by the Law Reform Act, which came into force in 1913, and jurisdiction over appeals was transferred to the Appellate Division of the Supreme Court. After 1931, appeals were heard by the Court of Appeal (or a division thereof depending on the date).

In 1881, the Ontario Judicature Act was passed creating the Supreme Court of Judicature for Ontario. Making up the Supreme Court were the Court of Appeal and the High Court of Justice. By this Act, all County Court Judges were given the added responsibility of being local judges of the High Court. This authority allowed individuals access to justice in their own districts without the necessity of travelling to Toronto to be heard by the High Court. These local sittings of the High Court replaced the Courts of Assize.

In the early 1970's sections of Ontario were reorganized into regional municipalities for purposes of local government. In the process a number of new judicial districts were created which corresponded to these regional municipalities. In general, however, the courts continued to be referred to as County Courts, even though they could technically be a County, District, or Judicial District Court. In 1984, the County Courts, along with the County Court Judges' Criminal Courts, and the Courts of the General Sessions of the Peace, were amalgamated to form the District Court of Ontario. Later, with the establishment of the Ontario Court of Justice in 1989, the District Court, along with the Supreme Court and the Surrogate Courts, were merged to form the Ontario Court (General Division).

The following is a simple alphabetical listing of the counties/districts/judicial districts that existed within the Province between 1794 and 1984 (with Dt.= District, Co.=County, and J.D.=Judicial District), along with the dates for which they existed: Algoma Dt. (1859- ); Bathurst Dt. (1822-1849); Brant Co. (1853- ); Brock Dt. (1839-1849); Bruce Co. (1867- ); Carleton Co. ( 1850- 1969); Cochrane Dt. (1922- ); Colborne Dt. (1841-1849); Dalhousie Dt. (1842-1849); Dufferin Co. (1881- ); Durham J.D. (1974- ); Eastern Dt. (1792-1849); Elgin Co. (1853- ); Essex, Kent and Lambton United Cos. (1850-1851); Essex and Lambton United Cos. (1851-1853); Essex Co. (1853- ); Frontenac, Lennox and Addington United Cos. (1850-1865); Frontenac Co. (1865- ); Gore Dt. (1816-1849); Grey Co. (1853- ); Haldimand Co. (1851-1974); Haldimand J.D. (1974- ); Haliburton Co. (1874- ); Halton Co. (1855-1973); Halton J.D. (1974- ); Hamilton- Wentworth J.D. (1974- ); Hastings Co. (1850- ); Home Dt. (1792- 1849); Huron District (1841-1849); Huron, Perth and Bruce United Cos. (1850-1853); Huron and Bruce United Cos. (1853-1867); Huron Co. (1867- ); Johnstown Dt. (1798-1849); Kenora Dt. (1898- ); Kent Co. (1851- ); Lambton Co. (1853- ); Lanark and Renfrew United Cos. (1850-1866); Lanark Co. (1866- ); Leeds and Grenville United Cos. (1850- ); Lennox and Addington United Co. (1865- ); Lincoln, Haldimand and Welland United Cos. (1850-1851); Lincoln and Welland United Cos. (1851-1856); Lincoln Co. (1856-1970); London Dt. (1798-1849); Manitoulin Dt. (1899- ); Middlesex Co. (1850-1851; 1853- ); Middlesex and Elgin United Cos. (1851-1853); Midland Dt. (1792-1849); Muskoka and Parry Sound Dt. (1888-(1802-1849); Niagara Dt. (1798-1849); Niagara North J.D. (1970- ); Niagara South J.D. (1970- ); Nipissing Dt. (1858- ); Norfolk Co. (1850-1974); Norfolk J.D. (1974- ); Northumberland and Durham United Cos. (1850-1973); Northumberland Co. (1974- ); Ontario Co. (1853-1973); Ottawa Dt. (1816-1849); Ottawa-Carleton J.D. (1969- ); Oxford Co. (1850- ); Parry Sound Dt. (1898- ); Peel Co. (1866-1973); Peel J.D. (1974- ); Perth Co. (1853- ); Peterborough Co. (1850-1851; 1863- ); Peterborough and Victoria United Cos. (1851-1863); Prescott and Russell United Cos. (1850- ); Prince Edward Dt. (1834-1849); Prince Edward Co. (1850- ); Rainy River Dt. (1909- ); Renfrew Co. (1866- ); Simcoe Dt. (1837-1849); Simcoe Co. (1850- ); Stormont, Dundas and Glengarry United Cos. (1850- ); Sudbury Dt. (1907- ); Talbot Dt. (1837-1849); Temiskaming Dt. (1913- ); Thunder Bay Dt. (1884- ); Victoria Dt. (1839-1849); Victoria Co. (1863- ); Waterloo Co. (1850- 1851; 1853-1973); Waterloo J.D. (1974- ); Waterloo, Wellington and Grey United Cos. (1851-1853); Wellington Dt. (1840-1849); Wellington Co. (1853- ); Welland Co. (1856-1970); Wentworth and Halton United Cos. (1850-1851; 1853-1855); Wentworth, Halton and Brant United Cos. (1851- 1853); Wentworth Co. (1855-1973); Western Dt. (1792-1849); York Co. (1850-1851; 1866-1970); York, Ontario and Peel United Cos. (1851-1853); York and Peel United Cos. (1853- 1866); York J.D. (1971- ); and York Region J.D. (1980- ).

The County Courts had jurisdiction over civil matters, and covered personal actions where the debt or damages claimed were greater than 40 shillings but not more than 15 pounds. By 1850 this had increased to 50 pounds, and by 1981 to $15,000. Over time, the county court judges responsibilities increased considerably to include jurisdiction over social enactments such as the Children's Protection Act, the Children of Unmarried Parents Act, the Adoption Act, and the Change of Name Act; property rights cases; elections and voting matters; matters between debtors and creditors; arbitration, and municipal matters. After 1881, and the passage of the Ontario Judicature Act, the County Courts were also given full equitable jurisdiction in addition to their legal jurisdiction. Beginning in 1933, the County Courts were also given some criminal jurisdiction as the courts to which lie appeals from convictions for summary conviction offences [a provincial statute of 1934, however, stated that where the Criminal Code or Summary Convictions Act provides for an appeal to a county Court, the appeal may be heard by the County Court judge in the County Court Judges' Criminal Court].

An Act to establish a Court for the Cognizance of Small Causes in each and every district of this Province, Statutes of Upper Canada 1794, Chap. 3

An Act to Amend, Consolidate and Reduce into One Act the Various Laws Concerning the District Courts, Statutes of the Province of Canada 1845, Chap. 13

Courts of Justice Act, Statutes of Ontario 1984, Chap. 11

RAD: Rules for Archival Description, 2nd edn (2008)

2026-11-16: migrated to AtoM

Armstrong, Frederick. Handbook of Upper Canadian Chronology (1985)

Banks, Margaret A. Evolution of the Ontario Courts 1788-1981 (1983)

Zuber, The Honourable T.G. Report of the Ontario Courts Inquiry (1987)

KWIC Index, 1980-1995

Riddell, William. The Bar and the Courts of Upper Canada or Ontario. (1928)

Ministry of the Attorney General. Civil Justice Review, 1995

Canadiana Name Authorities, 1996-12- 24

Archivist(s):
R. Anger