Ontario. Court of Appeal

• Court of Appeal

• Upper Canada. Court of the Governor and Executive Council

• Upper Canada. Court of Appeal

• Canada (Province). Court of Error and Appeal

• Ontario. Court of Error and Appeal

• Ontario. Supreme Court. Appellate Division

• Ontario. Supreme Court. Court of Appeal

The Court of Error and Appeal was established by statute in 1849. Prior to this, appeals in the province of Upper Canada had been heard by the "Court of the Governor and Executive Council" - which by the Judicature Act of 1794, consisted of the "governor, lieutenant- governor, or person administering the government of this Province, or the chief justice of the Province, together with any two members of the executive council." Appeals could be made if the matter in controversy exceeded 100 pounds. Matters over 500 pounds could be further appealed to the King in Council.

This process for the hearing of appeals, however, became increasingly inconvenient and expensive and in 1849, a formal appellate court, the Court of Error and Appeal, was established. This court was presided over by the combined justices of the three superior courts in the province - Queen's Bench, Common Pleas, and Chancery. In 1874, three judges were appointed to act solely as judges of the Court of Error and Appeal.

The name of the Court of Error and Appeal was changed to the Court of Appeal in 1876. At the same time, the Court became responsible for appeals from the County Courts that involved disputes concerning points of law. Under the Ontario Judicature Act of 1881, the Courts of Appeal, Queen's Bench, Chancery, and Common Pleas were united to form the Supreme Court of Judicature for Ontario, which in turn, consisted of two branches - the Court of Appeal and the High Court of Justice. The Court of Appeal therefore continued as a branch of the new Supreme Court.

Between 1913 and 1931, the Court of Appeal was again subject to some restructuring and became known as the Appellate Division of the Supreme Court. In 1931, however, the name of the Appellate Division of the Supreme Court was changed back to the Court of Appeal (which still remained part of the Supreme Court of Ontario). The two Divisional Courts were merged at this time into the one Court of Appeal, consisting of the Chief Justice of Ontario and the other nine judges of the former Appellate Division. The Court was later reduced to include only six Justices of Appeal, in addition to the Chief Justice of Ontario.

Between 1931 and 1989, the Court of Appeal changed little, with only minor changes being made in the number of Justices of Appeal appointed to the Court. By 1989, the Court consisted of the Chief Justice of Ontario, Associate Chief Justice, and fourteen Justices of Appeal. In 1989, however, the Supreme Court of Ontario was abolished. All courts in the province, aside from the Court of Appeal and the Unified Family Court, were merged together to form the Ontario Court of Justice. The Court of Appeal, however, remained outside of the new Ontario Court of Justice, as the final court of appeal in the Province.

The Court of Appeal for Ontario is the highest appellate court in the province and hears both criminal and civil appeals.

An Act to establish a Superior Court of Civil and Criminal Jurisdiction and to regulate the Court of Appeal, Statutes of Upper Canada 1794, Chap. 2

An Act to make further provision for the Administration of Justice, by the establishment of an additional Superior Court of Common Law and also a Court of Error and Appeal in Upper Canada, and for other purposes, Statutes of the Province of Canada 1849, Chap. 63

Ontario Judicature Act, Statutes of Ontario 1881, Chap. 5

Judicature Act, Statutes of Ontario 1913, Chap. 19

Judicature Act, Statutes of Ontario 1931, Chap. 24

Courts of Justice Amendment Act, Statutes of Ontario 1989, Chap. 55

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

2026-11-16: migrated to AtoM

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

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

Canadiana Name Authorities, 1996-12-24

Canadian Almanac, 1848-1996

KWIC Indexes, 1985-1996

Archivist(s):
R. Anger