Identity area
Type of entity
Authorized form of name
Parallel form(s) of name
Standardized form(s) of name according to other rules
Divisional Courts
Other form(s) of name
Identifiers for corporate bodies
Description area
Dates of existence
History
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.
Places
Legal status
Functions, occupations and activities
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.
Address
Ontario Judicature Act, Statutes of Ontario 1881, Chap. 5
Internal structures/genealogy
General context
Relationships area
Related entity
Identifier of related entity
Category of relationship
Type of relationship
Dates of relationship
Description of relationship
Access points area
Subject access points
Place access points
Epithet
Control area
Authority record identifier
Institution identifier
Rules and/or conventions used
RAD: Rules for Archival Description, 2nd edn (2008)
Status
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)
Maintenance notes
Agency not in Canadiana Name Authorities, 1996-12-24
Archivist(s):
R. Anger