Ontario. Surrogate Courts

• Surrogate Courts

• Upper Canada. Surrogate Courts

• Canada (Province). Surrogate Courts

Surrogate Courts were established for each of the four districts in the new province of Upper Canada in 1793. The Governor, Lieutenant Governor, or person administering the government of the province, in theory, presided over the Surrogate Courts (and the central Court of Probate). However, a member of the local government was generally designated as the judge for the Surrogate Court in each district. Each Surrogate Court had jurisdiction over their own district, however, cases involving estates with personal property of 5 pounds in more than one district fell under the jurisdiction of the Court of Probate. In general, however, an estate could be registered with either court (wills not recorded in the Surrogate Court records may appear in the records of the local Land Registrars). Appeals from any orders or judgements of the Surrogate Courts could be made to the Court of Probate.

Over time, as the number of districts in the Province increased, so too did the number of Surrogate Courts. By 1849, there were a total of ten districts in the Province. In this year, however, legislation was passed which replaced the districts of the province with counties. Just like in the old districts, each county was, in turn, to have its own Surrogate Court. By the time of Confederation in 1867, the number of counties had increased to thirty-four, and by 1989, there were forty-seven.

In 1858, the Surrogates Court Act was passed which brought in a number of changes to the Surrogate Courts of the Province. First, the Court of Probate was abolished. As such, jurisdiction over the granting of probate or administration for estates where the deceased owned property in more than one county lay with the Surrogate Court where the person was resident at the time of death. As well, appeals of the Surrogate Court judgements were to be handled by the Court of Error and Appeals, except in cases where both parties agreed to have the matter heard by any one of the superior courts. Second, the Act created the office of the Surrogate Clerk of Ontario, who was responsible for keeping a record of all applications for grants of probate and administration in the province. And thirdly, the position of Surrogate Court judge was to be held ex officio by the senior County Court judge.

Between 1858 and 1989, the Surrogate Courts remained substantially unchanged. In 1989, however, the court system in Ontario was reorganized, and the Surrogate Courts, along with the High Court of Justice, the District Court, and the Provincial Court (Civil Division) were merged to form the Ontario Court (General Division).

The following is a simple alphabetical listing of the counties/districts/judicial districts that existed within the Province between 1793 and 1989 (with Dt.= District, Co.=County, and J.D.=Judicial District), along with the dates for which they existed: Algoma Dt. (1859- ); Bathurst Dt. (1822-1849); Brant Co. (1853- ); Brock Dt. (1839-1849); Bruce Co. (1867- ); Carleton Co. ( 1850- 1969); Cochrane Dt. (1922- ); Colborne Dt. (1841-1849); Dalhousie Dt. (1842-1849); Dufferin Co. (1881- ); Durham J.D. (1974- ); Eastern Dt. (1792-1849); Elgin Co. (1853- ); Essex, Kent and Lambton United Cos. (1850-1851); Essex and Lambton United Cos. (1851-1853); Essex Co. (1853- ); Frontenac, Lennox and Addington United Cos. (1850-1865); Frontenac Co. (1865- ); Gore Dt. (1816-1849); Grey Co. (1853- ); Haldimand Co. (1851-1974); Haldimand J.D. (1974- ); Haliburton Co. (1874- ); Halton Co. (1855-1973); Halton J.D. (1974- ); Hamilton- Wentworth J.D. (1974- ); Hastings Co. (1850- ); Home Dt. (1792- 1849); Huron District (1841-1849); Huron, Perth and Bruce United Cos. (1850-1853); Huron and Bruce United Cos. (1853-1867); Huron Co. (1867- ); Johnstown Dt. (1798-1849); Kenora Dt. (1898- ); Kent Co. (1851- ); Lambton Co. (1853- ); Lanark and Renfrew United Cos. (1850-1866); Lanark Co. (1866- ); Leeds and Grenville United Cos. (1850- ); Lennox and Addington United Co. (1865- ); Lincoln, Haldimand and Welland United Cos. (1850-1851); Lincoln and Welland United Cos. (1851-1856); Lincoln Co. (1856-1970); London Dt. (1798-1849); Manitoulin Dt. (1899- ); Middlesex Co. (1850-1851; 1853- ); Middlesex and Elgin United Cos. (1851-1853); Midland Dt. (1792-1849); Muskoka and Parry Sound Dt. (1888-(1802-1849); Niagara Dt. (1798-1849); Niagara North J.D. (1970- ); Niagara South J.D. (1970- ); Nipissing Dt. (1858- ); Norfolk Co. (1850-1974); Norfolk J.D. (1974- ); Northumberland and Durham United Cos. (1850-1973); Northumberland Co. (1974- ); Ontario Co. (1853-1973); Ottawa Dt. (1816-1849); Ottawa-Carleton J.D. (1969- ); Oxford Co. (1850- ); Parry Sound Dt. (1898- ); Peel Co. (1866-1973); Peel J.D. (1974- ); Perth Co. (1853- ); Peterborough Co. (1850-1851; 1863- ); Peterborough and Victoria United Cos. (1851-1863); Prescott and Russell United Cos. (1850- ); Prince Edward Dt. (1834-1849); Prince Edward Co. (1850- ); Rainy River Dt. (1909- ); Renfrew Co. (1866- ); Simcoe Dt. (1843-1849); Simcoe Co. (1850- ); Stormont, Dundas and Glengarry United Cos. (1850- ); Sudbury Dt. (1907- ); Talbot Dt. (1837-1849); Temiskaming Dt. (1913- ); Thunder Bay Dt. (1884- ); Victoria Dt. (1839-1849); Victoria Co. (1863- ); Waterloo Co. (1850- 1851; 1853-1973); Waterloo J.D. (1974- ); Waterloo, Wellington and Grey United Cos. (1851-1853); Wellington Dt. (1840-1849); Wellington Co. (1853- ); Welland Co. (1856-1970); Wentworth and Halton United Cos. (1850-1851; 1853-1855); Wentworth, Halton and Brant United Cos. (1851- 1853); Wentworth Co. (1855-1973); Western Dt. (1792-1849); York Co. (1850-1851; 1866-1970); York, Ontario and Peel United Cos. (1851-1853); York and Peel United Cos. (1853- 1866); York J.D. (1971- ); and York Region J.D. (1980- ).

The Surrogate Court was responsible for handling the estates of deceased persons. More specifically, a Surrogate Court had authority, within its respective district, to grant letters of probate and letters of administration in relation to the estates of persons who died there; to handle contested claims against estates; to preside over will trials; and to handle applications under the Succession Law Reform Act and Proof in Solemn Form of Lost Wills.

An Act to establish a Court of Probate in this Province, and also a Surrogate Court in every District thereof, Statutes of Upper Canada 1793, Chap. 8

Surrogate Courts Act, Statutes of Ontario 1858, Chap. 93

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)

KWIC Indexes, 1975-1996

Canadian Almanac, 1867, and 1990

Canadiana Name Authorities, 1996-12- 24

Archivist(s):
R. Anger