Jurisdiction of Ontario Courts

Ontario Justice Education Network
Handout: The Jurisdiction of Ontario Courts

For the purposes of the administration of justice within the Province of Ontario, there are three courts: the
Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice. Each court has a Chief
Justice and an Associate Chief Justice.
Justices for the Court of Appeal and the Superior Court of Justice are appointed by the federal government.
The provincial government appoints Justices and Justices of Peace of the Ontario Court of Justice. Justices
of the Superior Court of Justice and the Ontario Court of Justice are normally addressed as Your Honour.
Justices of the Court of Appeal are normally addressed as Justice. The more formal My Lord, My Lady are
no longer used to address justice of any court in Ontario. Justices of the peace are addressed as Your
Worship.
THE ONTARIO COURT OF JUSTICE

The Chief Justice, the two Associate Chief Justices, and
approximately 283 judges and 341 justices of the peace
make up the Ontario Court of Justice. It is organized into
seven geographic regions with a Senior Regional Justice
and a Senior Justice of the Peace appointed for each
region.
The Ontario Court of Justice exercises jurisdiction over trial
matters involving family and criminal cases and matters
under the Youth Criminal Justice Act. Currently the Ontario
Court of Justice receives and disposes of over 95% of all
criminal and youth criminal justice matters in Ontario.
Ontario Court of Justice Judges Hear:

Criminal Matters: All criminal matters are returnable to the Ontario Court for a first appearance. This court
has jurisdiction to hear all criminal cases not involving juries or serious cases where the accused can choose
to have the case heard by a judge sitting alone or with a jury. This court is often referred to as a specialty
court when it comes to domestic violence. It hears cases involving domestic violence, spousal abuse, and
assault on children. The Ontario Court of Justice hears all criminal trials involving all young persons,
including applications to transfer serious charges to adult court.
Family Court: With the exception of divorces and property issues between partners, the Ontario Court,
where there is no Unified Family Court, deals with all aspects of family law such as separation, custody and
access and support issues. The Ontario Court also has jurisdiction to grant adoption. The Ontario Court has
jurisdiction over all child protection dealing with the apprehension of children and determining the
placement of such children.
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The Ontario Court of Justice also presides over Bail Court, and Youth Court. Some Ontario Court of Justice
courthouses include specialist criminal courts such as Mental Health Court, Gladue Court, and Drug
Treatment Court.
Justices of the Peace
Justices of the peace hear bail applications and prosecutions of provincial offences. Provincial offences
include trespass, liquor licensing, traffic offences, dog owners liability, parking and noise by-laws, and
environmental protection.
Appeals
The Ontario Court of Justice hears appeals from decisions of a Justice of the Peace involving trials under the
Provincial Offences Act.
THE SUPERIOR COURT OF JUSTICE

The Chief Justice, the Associate Chief Justice, and approximately 295
other federally appointed judges make up the Superior Court of
Justice plus a number of supernumerary judges. The Superior Court
of Justice is subdivided into eight geographic regions with a Senior
Regional Justice appointed for each region.
The Superior Court includes masters, who are authorized to hear
many pre-trial procedural questions and who deal with specialized
matters such as construction liens and bankruptcy. Masters are
appointed by the provincial government.
The Superior Court of Justice exercises jurisdiction over civil and
serious criminal cases. It has a Motions Court, which considers a
multitude of interim matters such as injunctions, but does not
conduct trials. A judge, or a judge and jury hear trials in the Superior
Court.
In addition, the Superior Court of Justice has jurisdiction in specific areas:
Divisional Court: Reviews of decisions of administrative tribunals such as school boards, police
commissions and municipal boards are conducted by the Divisional Court by a either a single judge
or a panel of three judges. The Divisional Court also hears appeals from civil cases heard in the
Superior Court of Justice involving payment of $50,000 or less and appeals from Small Claims Court.
Family Court: Family Court deals with divorce, separation, custody of children, support payments,
and family property issues.
Small Claims Court: This court deals with the resolutions of civil disputes involving claims of
$25,000 or less.
COURT OF APPEAL FOR ONTARIO

The Chief Justice, the Associate Chief Justice, and approximately 20
other judges plus a number of supernumerary judges, make up the
Court of Appeal for Ontario.
This court sits in Toronto, in the historic courtrooms within
Osgoode Hall. Its function is to rule on the correctness of final
trial judgments, applications, and motions that have already taken
place in lower courts. The court deals with a range of issues from
analysis of the law relating to contracts, negligence, bankruptcy,
criminal procedure, to issues of child custody, human rights and
the application of the Canadian Charter of Rights and Freedoms.
Normally, a panel of three judges listens to each appeal, although
sometimes a panel is composed of five judges. There are no juries
at the Court of Appeal. New evidence is rarely introduced, and
there are normally no witnesses. The only material that is
presented in the court is the transcript of the previous trial, the
lawyers arguments concerning the correctness of the previous
judgment, and a record of other similar cases and judgments that lawyers may wish to use in support of
their arguments. The court also hears appeals by or on behalf of inmates who are appealing their
conviction and/or sentence.
Decisions of the court may be further appealed to the Supreme Court of Canada with leave (permission) of
that court. However leave is rarely granted, and the Supreme Court of Canada hears only 25-30 Ontario
appeals per year, compared to the more than 1200 decisions per year rendered by the Ontario Court of
Appeal.
www.ojen.ca

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Ontario Justice Education Network

Handout: The Jurisdiction of Ontario Courts

THE ONTARIO COURT OF JUSTICE

Ontario Court of Justice Judges Hear:

Provincial Offences Act.

THE SUPERIOR COURT OF JUSTICE

COURT OF APPEAL FOR ONTARIO

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