Category:Divisional Court (Ontario): Difference between revisions

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

Jurisdiction to Hear Appeal

Courts of Justice Act, R.S.O. 1990, c. C.43

19 (1) An appeal lies to the Divisional Court from,

(a) a final order of a judge of the Superior Court of Justice, as described in subsections (1.1) and (1.2);

(b) an interlocutory order of a judge of the Superior Court of Justice, with leave as provided in the rules of court;

(c) a final order of a master or case management master.

(...)

(1.2) If the notice of appeal is filed on or after October 1, 2007, clause (1) (a) applies in respect of a final order,

(a) for a single payment of not more than $50,000, exclusive of costs;

(b) for periodic payments that amount to not more than $50,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order;

(c) dismissing a claim for an amount that is not more than the amount set out in clause (a) or (b); or

(d) dismissing a claim for an amount that is more than the amount set out in clause (a) or (b) and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than the amount set out in clause (a) or (b).

(2) The Divisional Court has jurisdiction to hear and determine an appeal that lies to the Superior Court of Justice if an appeal in the same proceeding lies to and is taken to the Divisional Court.

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

• Book Material Colours - Superior Court
• Divisional Court - Filling Fees