Upper Canada. Courts of Request

• Courts of Request

The Courts of Request were established in 1792 as small claims courts. Each district in the new province of Upper Canada was to be divided into several divisions each of which would have a Court of Request. The divisions themselves were to be determined by the justices of the peace at their General Quarter Sessions. Each Court of Request was presided over by two justices of the peace, appointed by Sessions as Commissioners of the Courts of Request.

In 1833, legislation was passed which reorganized the Courts of Request in several ways. First, the divisions were to be declared at the first General Quarter Sessions to be held after April 1, 1833. Second, some districts that did not before have Courts of Requests now attained them. Third, the Commissioners for each division were to be appointed by the Lieutenant Governor, rather than by the Justices of the Peace at Quarter Sessions. And fourth, the jurisdiction of the Courts was increased to 10 pounds. There was no appeal from the judgement of a Court of Request. In 1841, the Courts of Request were abolished and replaced by Division Courts.

The Courts of Request were lower civil courts which had jurisdiction over actions for debts of up to 40 shillings. This jurisdiction was increased by legislation to 10 pounds in 1833.

An Act for the Easy and Speedy Recovery of Small Debts, Statutes of Upper Canada 1792, Chap. 6

An Act to repeal part of, amend and reduce to one Act of Parliament the several laws now in force in this Province for the recovery of Small Debts, and to extend the juridiction of the Court of Requests within the same, Statutes of Ontario 1833, Chap. 1

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)

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

Archivist(s):
R. Anger