Ontario. Supreme Court

• Supreme Court

• Ontario. Supreme Court of Judicature

The Supreme Court of Ontario, originally called the Supreme Court of Judicature for Ontario, was established by the Ontario Judicature Act of 1881. By this Act, the court system in Ontario was considerably reorganized, and the former superior courts of the province - the Courts of Appeal, Queen's Bench, Chancery, and Common Pleas - were merged together to create the Supreme Court of Judicature. The jurisdiction of these former courts was transferred to the Supreme Court and exercised by its two branches - the High Court of Justice and the Court of Appeal. The jurisdiction of the High Court of Justice being a continuation of the combined jurisdictions of the Courts of Queen's Bench, Chancery and Common Pleas, and the jurisdiction of the Court of Appeal being a continuation of that of the former Court of Appeal. ; With the exception of the period between 1913 and 1931, the basic structure of the Supreme Court remained more or less constant; exercising its powers through its two branches, the High Court of Justice and the Court of Appeal. In 1913, however, legislation was passed that incorporated and put into force the provisions of the Law Reform Act of 1909, changing the name of the two branches to the High Court Division and the Appellate Division. The jurisdiction of the two branches, however, remained essentially the same. It was also at this time that the name of the Supreme Court of Judicature for Ontario was changed to the Supreme Court of Ontario. ; With the Judicature Act of 1931, the names of the branches reverted, and the High Court Division once again became the High Court of Justice, with the Appellate Division becoming the Court of Appeal.

In 1989, the court system in the province was once again reorganized. With the passing of the Courts of Justice Amendment Act, the Supreme Court was abolished, and 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). The Court of Appeal, however, remained outside of the Court of Justice and continued as the superior court of appeal within the province.

The Supreme Court of Ontario, through its two branches, the High Court of Justice and the Court of Appeal, had authority as a superior court within the province, with full legal and equitable jurisdiction over both civil and criminal matters. Through the Court of Appeal, the Supreme Court was also the superior court of appeal in the province, with jurisdiction to hear and determine appeals from any judgement, with a few exceptions, of the High Court of Justice.

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

Law Reform Act, Statutes of Ontario 1909, Chap. 11

Judicature Act, Statutes of Ontario 1913, Chap. 19

Judicature Act, Statutes of Ontario 1931, Chap. 24

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)

Canadian Almanac, 1881-1990

Canadiana Name Authorities, 1996-12-24

Archivist(s):
R. Anger