Ontario. High Court of Justice. Chancery Division

Identity area

Type of entity

Lower-level Ontario government office (type C)

Authorized form of name

Ontario. High Court of Justice. Chancery Division

Parallel form(s) of name

    Standardized form(s) of name according to other rules

    • Chancery Division

    Other form(s) of name

      Identifiers for corporate bodies

      Description area

      Dates of existence

      1881-1913

      History

      With the passage of the Ontario Judicature Act of 1881, the court system for Ontario was reorganized. The Courts of Queen's Bench, Appeal, Chancery, and Common Pleas were merged to form the Supreme Court of Judicature for Ontario. This new Supreme Court, in turn, consisted of two branches - the High Court of Justice, and the Court of Appeal. Within the High Court of Justice there were a further three divisions established - the Queen's Bench Division, the Chancery Division, and the Common Pleas Division. The number of judges in the Chancery Division was to remain the same as was required for the former Court of Chancery, ie. three.

      One of the primary differences in this new structure, was the fact that each of the branches and divisions within the Supreme Court of Judicature were now empowered with authority over equitable, as well as legal, jurisdiction. As well, Terms were abolished and all of the Courts sat as business required. Every action was begun by Writ, with the plaintiff specifying which division of the High Court (Queen's Bench, Chancery, or Common Pleas) they wished the action to lie.

      The workload of the Chancery Division was found to be greater than the other divisions, and by 1887, an additional judge was appointed to the High Court and attached to this division. When the provisions of the Law Reform Act of 1909 came into effect in 1913, the separate divisions of the High Court, including the Chancery Division, were abolished. The authority and jurisdiction of these divisions was assumed by the new High Court Division.

      Places

      Legal status

      Functions, occupations and activities

      The Chancery Division, like the other divisions of the High Court of Justice, had jurisdiction to hear all actions and causes, both criminal and civil, within Ontario; to determine all issues of law and all issues of fact; and to give judgements and award execution thereon.

      Address

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

      Internal structures/genealogy

      General context

      Relationships area

      Related entity

      Ontario. High Court of Justice (1881-1989)

      Identifier of related entity

      BA50

      Category of relationship

      hierarchical

      Type of relationship

      Ontario. High Court of Justice controls Ontario. High Court of Justice. Chancery Division

      Dates of relationship

      1881-1913

      Description of relationship

      Related entity

      Ontario. Court of Chancery (1837-1881)

      Identifier of related entity

      BA37

      Category of relationship

      temporal

      Type of relationship

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

      Dates of relationship

      Description of relationship

      Access points area

      Subject access points

      Place access points

      Epithet

      Control area

      Authority record identifier

      CA47

      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