Ontario. High Court of Justice. Divisional Courts (1881-1913)

• Divisional Courts

The Divisional Courts were established in 1881 as part of the changes to the court system brought into force by the Ontario Judicature Act of that year. In reorganizing the court system in the province, this Act established the Supreme Court of Judicature for Ontario, with its two branches - the High Court of Justice and the Court of Appeal. The High Court, in turn, consisted of three divisions - Queen's Bench, Chancery, and Common Pleas. In addition to these three divisions, however, the Act also provided for the establishment of inferior appeals courts, when required. These courts were called Divisional Courts, and were part of the High Court of Justice.

A Divisional Court of the High Court generally consisted of three judges of the High Court of Justice, although only two were required, with every judge of the High Court being qualified and empowered to sit in a Divisional Court. As stated in the legislation, any number of Divisional Courts could sit at the same time. With certain exceptions, an appeal lay from a Divisional Court to the Court of Appeal.

The Divisional Courts were abolished in 1913, when the provisions of the Law Reform Act of 1909 were brought into force. The jurisdiction of the Divisional Courts was transferred to the Court of Appeal.

The Divisional Courts had responsibility for hearing appeals from orders of a judge in Chambers, proceedings directed to them by statute, cases of habeas corpus, applications for a new trial if the trial had been before a jury, and any case in which both parties agreed should be heard by this court.

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)

Agency not in Canadiana Name Authorities, 1996-12-24

Archivist(s):
R. Anger