Ontario. High Court of Justice. Chancery Division

• Chancery Division

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.

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.

Ontario 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)

Canadiana Name Authorities, 1996-12-24

Archivist(s):
R. Anger