Ontario. High Court of Justice

Identity area

Type of entity

Higher-level Ontario government office (type B)

Authorized form of name

Ontario. High Court of Justice

Parallel form(s) of name

    Standardized form(s) of name according to other rules

    • High Court of Justice

    Other form(s) of name

    • Ontario. Supreme Court. High Court Division

    Identifiers for corporate bodies

    Description area

    Dates of existence

    1881-1989

    History

    The High Court of Justice was established in 1881 as one branch of the newly established Supreme Court of Ontario. The other branch was the Court of Appeal. The High Court of Justice itself was divided into three divisions - the Queen's Bench Division, the Chancery Division, and the Common Pleas Division. Although these divisions were similar to the previous courts of the same names, ie. the Courts of Queen's Bench, Chancery, and Common Pleas, they were different in that each division now had full legal and equitable jurisdiction. Each division was also to have three judges, just as the former courts did, with the chief judge for each division - the Chief Justice of the Queen's Bench, the Chancellor, and the Chief Justice of the Common Pleas - being the President.

    Under the Judicature Act of 1881, the High Court of Justice also became the trial court for civil and criminal cases in the province. Formerly, this responsibility lay with the Commissions of Assize and Nisi Prius (civil cases) and of Oyer and Terminer and General Gaol Delivery (criminal cases). Although these Commissions, or Courts, were still held and were still commonly referred to by their old names, they were technically local sittings of the High Court of Justice.

    In 1903, a fourth division of the High Court, the Exchequer Division, was established, bringing the number of divisions of the High Court to four, and the number of High Court judges to twelve.

    The Law Reform Act of 1909, which came into effect in 1913, renamed the Supreme Court of Judicature for Ontario, the Supreme Court of Ontario. The branches of the Supreme Court of Judicature - the Court of Appeal and the High Court of Justice - were renamed the Appellate Division and the High Court Division. With these changes, the individual divisions of the High Court of Justice, along with the Divisional Courts of the High Court, were abolished.

    The new High Court Division itself was to consist of four divisions, each with three judges, and two additional judges not attached to any division. Of the fourteen, one would be the Chief Justice of the High Court and would rank just below the Chief Justice of Ontario.

    The principal duty of five of the fourteen judges of the High Court Division was to serve on a temporary Second Divisional Court of the Appellate Division. In 1923, legislation transferred five of the judges of the High Court Division to the Appellate Division making it possible to create a permanent Second Divisional Court.

    In 1931, legislation was passed that changed the names of the divisions of the Supreme Court back from the Appellate Division and the High Court Division to the Court of Appeal and the High Court of Justice.

    In 1989, the court system in Ontario was substantially reorganized and the Supreme Court of Ontario was abolished. At that point in time, all courts in the province, aside from the Court of Appeal and the Unified Family Court, were brought together to form the Ontario Court of Justice. The jurisdiction of the High Court of Justice was assumed by the Ontario Court of Justice (General Division).

    Places

    Legal status

    Functions, occupations and activities

    The High Court of Justice was a superior court with full legal and equitable jurisdiction over both civil and criminal matters.

    Address

    Ontario Judicature Act, Statutes of Ontario 1881, Chap. 5

    Judicature Act, Statutes of Ontario 1931, Chap. 24

    Internal structures/genealogy

    General context

    Relationships area

    Related entity

    Ontario. Supreme Court (1881-1989)

    Identifier of related entity

    BA51

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. Supreme Court controls Ontario. High Court of Justice

    Dates of relationship

    1913-1989

    Description of relationship

    Related entity

    Ontario. Weekly Courts (1881-)

    Identifier of related entity

    BA176

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. Weekly Courts is controlled by Ontario. High Court of Justice

    Dates of relationship

    1881-1913

    Description of relationship

    Related entity

    Ontario. Supreme Court. Central Office (1896-1989)

    Identifier of related entity

    CA786

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. Supreme Court. Central Office is controlled by Ontario. High Court of Justice

    Dates of relationship

    1896-1923

    Description of relationship

    Related entity

    Ontario. High Court of Justice. Chancery Division (1881-1913)

    Identifier of related entity

    CA47

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. High Court of Justice. Chancery Division is controlled by Ontario. High Court of Justice

    Dates of relationship

    1881-1913

    Description of relationship

    Related entity

    Ontario. High Court of Justice. Common Pleas Division (1881-1913)

    Identifier of related entity

    CA45

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. High Court of Justice. Common Pleas Division is controlled by Ontario. High Court of Justice

    Dates of relationship

    1881-1913

    Description of relationship

    Related entity

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

    Identifier of related entity

    CA51

    Category of relationship

    hierarchical

    Type of relationship

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

    Dates of relationship

    1972-1989

    Description of relationship

    Related entity

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

    Identifier of related entity

    CA50

    Category of relationship

    hierarchical

    Type of relationship

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

    Dates of relationship

    1881-1913

    Description of relationship

    Related entity

    Ontario. High Court of Justice. Exchequer Division (1903-1913)

    Identifier of related entity

    CA49

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. High Court of Justice. Exchequer Division is controlled by Ontario. High Court of Justice

    Dates of relationship

    1903-1913

    Description of relationship

    Related entity

    Ontario. High Court of Justice. Queen's Bench Division (1881-1913)

    Identifier of related entity

    CA46

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. High Court of Justice. Queen's Bench Division is controlled by Ontario. High Court of Justice

    Dates of relationship

    1881-1913

    Description of relationship

    Related entity

    Ontario. High Court of Justice. Registrar's Office (1896-1923)

    Identifier of related entity

    CA785

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. High Court of Justice. Registrar's Office is controlled by Ontario. High Court of Justice

    Dates of relationship

    1896-1923

    Description of relationship

    Related entity

    Ontario. Court of Justice (Provincial Division) (1989-)

    Identifier of related entity

    BA59

    Category of relationship

    temporal

    Type of relationship

    Ontario. Court of Justice (Provincial Division) is the successor of Ontario. High Court of Justice

    Dates of relationship

    Description of relationship

    Related entity

    Ontario. Superior Court of Justice (1989-)

    Identifier of related entity

    BA58

    Category of relationship

    temporal

    Type of relationship

    Ontario. Superior Court of Justice is the successor of Ontario. High Court of Justice

    Dates of relationship

    Description of relationship

    Access points area

    Subject access points

    Place access points

    Epithet

    Control area

    Authority record identifier

    BA50

    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)

        Riddell, William. The Bar and the Courts of Upper Canada (1928)

        Canadian Almanac, 1988-1996

        Canadiana Name Authorities, 1996-12-24

        Maintenance notes

        Archivist(s):
        R. Anger