Category:Divisional Court (Ontario): Difference between revisions
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The Divisional Court is a branch of the Superior Court of Justice and is one of the busiest appellate courts in Canada. The Divisional Court hears statutory appeals from administrative tribunals in the province, and is the primary forum for judicial review of government action in Ontario. The Divisional Court also has some jurisdiction regarding civil and family appeals. | The Divisional Court is a branch of the Superior Court of Justice and is one of the busiest appellate courts in Canada. The Divisional Court hears statutory appeals from administrative tribunals in the province, and is the primary forum for judicial review of government action in Ontario. The Divisional Court also has some jurisdiction regarding civil and family appeals. | ||
Every judge of the Superior Court of Justice is also a judge of the Divisional Court. Appeals to the Divisional Court are generally heard in the judicial region where the matter originally arose. A proceeding is usually heard and decided by a panel of three judges, but may be heard by a single judge in some circumstances. [http://www.ontariocourts.ca/scj/divisional-court/ 1] | '''Every judge of the Superior Court of Justice is also a judge of the Divisional Court.''' Appeals to the Divisional Court are generally heard in the judicial region where the matter originally arose. A proceeding is usually heard and decided by a panel of three judges, but may be heard by a single judge in some circumstances. [http://www.ontariocourts.ca/scj/divisional-court/ 1] | ||
Revision as of 16:04, 2 January 2020
Appellant Court
The Divisional Court is a branch of the Superior Court of Justice and is one of the busiest appellate courts in Canada. The Divisional Court hears statutory appeals from administrative tribunals in the province, and is the primary forum for judicial review of government action in Ontario. The Divisional Court also has some jurisdiction regarding civil and family appeals.
Every judge of the Superior Court of Justice is also a judge of the Divisional Court. Appeals to the Divisional Court are generally heard in the judicial region where the matter originally arose. A proceeding is usually heard and decided by a panel of three judges, but may be heard by a single judge in some circumstances. 1
Proceeding in Divisional Court
Courts of Justice Act, R.S.O. 1990, c. C.43
21 (1) A proceeding in the Divisional Court shall be heard and determined by three judges sitting together.
- (2) A proceeding in the Divisional Court may be heard and determined by one judge where the proceeding,
- (a) is an appeal under clause 19 (1) (c);
- (b) is an appeal under section 31 from a person referred to in subsection 24 (2) presiding over the Small Claims Court; or
- (c) is in a matter that the Chief Justice of the Superior Court of Justice or a judge designated by the Chief Justice is satisfied, from the nature of the issues involved and the necessity for expedition, can and ought to be heard and determined by one judge.
- (3) A motion in the Divisional Court shall be heard and determined by one judge, unless otherwise provided by the rules of court.
Court Procedures
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