Ontario. Division Courts

• Division Courts

• Canada (Province). Division Courts

The Courts of Request were abolished by statute in 1841 and replaced with the Division Courts; over which the District Court judge was to preside. This same Act also established that only a Barrister at law of the province could be appointed a District Court judge. This desire to replace the lay judges of the old Courts of Requests, in turn, made it necessary to reduce the number of divisions, and therefore Division Courts, within each district. As such, the number of divisions in each district was limited to no more than six. In 1845, this number was changed to no fewer than three and not more than nine, and by 1850, it was again changed to no more than twelve.

Jurisdiction of the Division Courts remained set at actions for debts of up to 10 pounds. If the sum was greater than 2 pounds 10 shillings, the plaintiff or the defendant had the right to require the summoning of a jury. By 1867, the Division Courts had jurisdiction in contract and debt of up to $100, and in tort of up to $40. As with the former Courts of Requests, there was no appeal from the judgement of a Division Court.

Further changes were made to the Courts in 1880. First, the jurisdiction was again increased, this time to $200 for contract and debt, and $60 in tort. Second, an appeal could finally be made on the judgement of a Division Court, but only if the sum in dispute was greater $100. In 1886, a statutory amendment was made so that division boundaries, previously decided by Justices of the Peace in Sessions, were to be established by the County Judge, the Sheriff, the Warden of the County, and the Division Court Inspector. By 1935 the authority to change the boundaries resided with the Lieutenant Governor.

From 1905 to 1933, the Division Courts were also given limited criminal jurisdiction. For this period, the Criminal Code of Canada named the Division Courts as one of the courts to which an appeal lay from convictions of summary conviction offences.

The number of Division Courts in each district remained not more than twelve until 1950, when a new Division Courts Act was passed and the maximum number was not stated. By statute passed in 1970, which came into effect January 1, 1971, the name of the Division Courts was changed to Small Claims Courts.

The Division Courts had jurisdiction over cases of debt and account, breach of contract or covenant, or money demand, where the amount of the balance claimed did not exceed 10 pounds. From 1905 to 1933, the Division Courts were also given limited criminal jurisdiction with authority to hear appeals from convictions of summary conviction offences

An Act to repeal the Laws now in force in that part of this Province, formerly Upper Canada, for the recovery of Small Debts, and to make other provisions therefor, Statutes of the Province of Canada 1841, Chap. 3

An Act to amend and consolidate the several Acts now in force, regulating the Practice of Division Courts in Upper Canada, and to extend the jurisdiction thereof, Statutes of the Province of Canada 1850, Chap. 53

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)

Canadiana Name Authorities, 1996-12-24

Archivist(s):
R. Anger