Ontario. High Court of Justice. Divisional Court (1972-1989)

Identity area

Type of entity

Lower-level Ontario government office (type C)

Authorized form of name

Ontario. High Court of Justice. Divisional Court (1972-1989)

Parallel form(s) of name

    Standardized form(s) of name according to other rules

    • Divisional Court

    Other form(s) of name

      Identifiers for corporate bodies

      Description area

      Dates of existence

      1972-1989

      History

      The Divisional Court of the High Court of Justice for Ontario was established in 1972, based on one of the recommendations of the Royal Commission Inquiry into Civil Rights, chaired by the Honourable J.C. McRuer. Proceedings of a Divisional Court were heard, determined and disposed of before three High Court judges, one of which had to be the Chief Justice of the High Court, or a judge of the High Court designated by the Chief Justice. Sittings of the Divisional Court were to be held in Toronto on a continuous basis, and in London, Ottawa, Sudbury, Sault Ste. Marie and Thunder Bay at such times as the Chief Justice of the High Court deemed necessary.

      Appeals of Divisional Court judgements could be made to the Court of Appeal, if it was on a question of law. In 1989, the High Court of Justice, along with the District Court, and the Surrogate Courts were merged to form the Ontario Court of Justice (General Division). The Divisional Court was continued as a branch within the Ontario Court of Justice (General Division).

      Places

      Legal status

      Functions, occupations and activities

      The Divisional Court was an inferior appeals court in Ontario with jurisdiction to hear and determine applications and appeals referred to it by courts other than the High Court or the County Courts, which by statute, could only be heard by the Court of Appeal. The jurisdiction of the Divisional Court was further limited in that it did not cover criminal appeals, which under the Criminal Code of Canada, also lie with the Court of Appeal.

      Address

      An Act to Amend the Judicature Act, Statutes of Ontario 1970, Chap. 97

      An Act to Amend the Judicature Act, Statutes of Ontario 1971, Chap 57

      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. Divisional Court (1972-1989)

      Dates of relationship

      1972-1989

      Description of relationship

      Related entity

      Ontario. Court of Justice (General Division). Divisional Court (1989-)

      Identifier of related entity

      CA52

      Category of relationship

      temporal

      Type of relationship

      Ontario. Court of Justice (General Division). Divisional Court is the successor of Ontario. High Court of Justice. Divisional Court (1972-1989)

      Dates of relationship

      Description of relationship

      Access points area

      Subject access points

      Place access points

      Epithet

      Control area

      Authority record identifier

      CA51

      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

          Ministry of the Attorney General. Civil Justice Review 1995

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

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

          Maintenance notes

          The form of name used is not the form used in Canadiana (which is "Ontario. Divisional Court"). The reason for going with a different name was to better show the courts as a branch of the High Court of Justice.


          Archivist(s):
          R. Anger