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

Identity area

Type of entity

Lower-level Ontario government office (type C)

Authorized form of name

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

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

      1881-1913

      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

      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 Courts (1881-1913)

      Dates of relationship

      1881-1913

      Description of relationship

      Access points area

      Subject access points

      Place access points

      Epithet

      Control area

      Authority record identifier

      CA50

      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)

          Maintenance notes

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


          Archivist(s):
          R. Anger