Ontario. Court of Chancery

Identity area

Type of entity

Higher-level Ontario government office (type B)

Authorized form of name

Ontario. Court of Chancery

Parallel form(s) of name

    Standardized form(s) of name according to other rules

    • Court of Chancery

    Other form(s) of name

    • Upper Canada. Court of Chancery

    • Canada (Province). Court of Chancery

    Identifiers for corporate bodies

    Description area

    Dates of existence

    1837-1881

    History

    A Court of Chancery for the Province was established in 1837. The head of the court, the Chancellor, was to be the "Governor, Lieutenant Governor or Person Administering the Government of the Province". However, the judicial powers of the Court were to be exercised by a judge, appointed by the crown, and to be known as the Vice-Chancellor. The Vice- Chancellor was in turn, to be a member of the Court of the Governor and Executive Council, ie. the Court of Appeal. Appeals of judgements issued by the Court of Chancery could be made to the Governor and Executive Council, with a further appeal possible to the King in Council, in certain cases.

    In 1849, two additional judges were added to the Court of Chancery, bringing the total to three. These three judges, along with the three judges of the Court of Queen's Bench and the three judges of the Court of Common Pleas, together constituted the newly established Court of Error and Appeals.

    In 1881, the Ontario Judicature Act was passed which merged together the Courts of Appeal, Queen's Bench, Chancery, and Common Pleas to form the Supreme Court of Judicature for Ontario. This new Supreme Court was in turn, organized into two branches - the Court of Appeal and the High Court of Justice. The functions of the Court of Chancery were transferred to the Chancery Division of the High Court of Justice.

    Places

    Legal status

    Functions, occupations and activities

    The Court of Chancery had equitable jurisdiction in cases such as fraud, accidents, trusts, executors and administrators, the partition of estates, mortgages, dower, alimony, and infants and mentally-incompetent persons and their estates.

    Address

    An Act to establish a Court of Chancery in the Province, Statutes of Upper Canada 1837, Chap. 2

    An Act for the more effectual Administration of Justice in the Court of Chancery of the late Province of Upper Canada, Statutes of the Province of Canada 1849, Chap. 64

    Internal structures/genealogy

    General context

    Relationships area

    Related entity

    Ontario. Court of Chancery. Deputy Registrars (1850-1881)

    Identifier of related entity

    CA781

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. Court of Chancery. Deputy Registrars is controlled by Ontario. Court of Chancery

    Dates of relationship

    1850-1881

    Description of relationship

    Related entity

    Ontario. Court of Chancery. Local Masters (1850-1881)

    Identifier of related entity

    CA780

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. Court of Chancery. Local Masters is controlled by Ontario. Court of Chancery

    Dates of relationship

    1850-1881

    Description of relationship

    Related entity

    Ontario. High Court of Justice. Chancery Division (1881-1913)

    Identifier of related entity

    CA47

    Category of relationship

    temporal

    Type of relationship

    Ontario. High Court of Justice. Chancery Division is the successor of Ontario. Court of Chancery

    Dates of relationship

    Description of relationship

    Access points area

    Subject access points

    Place access points

    Epithet

    Control area

    Authority record identifier

    BA37

    Institution identifier

    Rules and/or conventions used

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

    Status

    Approved

    Level of detail

    Dates of creation, revision and deletion

    2026-11-16: migrated to AtoM

    Language(s)

      Script(s)

        Sources

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

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

        Canadiana name Authorities, 1996-12-24

        Maintenance notes

        Archivist(s):
        R. Anger