Ontario. Court of Queen's Bench

• Court of Queen's Bench

• Ontario. Court of King's Bench

The court system in Ontario was substantially reorganised between 1792 and 1794. Under the new system, the Chief Justice of Upper Canada presided over the Court of Queen's Bench (alternately known as the Court of King's Bench during the reign of a King) with two puisne, or "junior", justices. The Court was resident only in the capital of the new province of Upper Canada, and held four Terms, or sittings, each year. This did not necessarily mean, however, that residents would have to travel to the capital for the administration of justice. Following English practice, Local Assizes, or more officially, Commissions of Assize and Nisi Prius, and of Oyer and Terminer and General Gaol Delivery, were to be held in each of the districts of the Province. Appeals of judgements delivered at Assizes could be made to the Court of Queen's Bench.

By 1837, the volume of work in the Court of Queen's Bench had increased to the point where an Act was passed adding two more puisne judges to the court.

The caseload of the court continued to increase, and by 1849, legislation was passed establishing the Court of Common Pleas as a second superior court in the Province, with equal jurisdiction to that of the Court of Queen's Bench.

In 1881, the Ontario Judicature Act was passed, merging the Courts of Appeal, Queen's Bench, Chancery and Common Pleas into one Supreme Court of Judicature for Ontario. This Supreme Court in turn had two branches: the Court of Appeal and the High Court of Justice. The functions of the old Court of Queen's Bench, at this time, were assumed by the Queen's Bench Division of the High Court of Justice.

The Court of Queen's Bench was established in 1794 as a superior court with jurisdiction over both civil and criminal matters in the province.

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

The Judicature Act, Statutes of Ontario 1881, Chap 5

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

2026-11-16: migrated to AtoM

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

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

Canadian Almanac, 1848-1881

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

Canadiana Name Authorities, 1996-12-24

Archivist(s):
R. Anger