Courts of Justice Act

1 (1) In this Act, “action” means a civil proceeding that is not an application and includes a proceeding commenced by, (a) claim, (b) statement of claim, (c) notice of action, (d) counterclaim, (e) crossclaim, (f) third or subsequent party claim, or (g) divorce petition or counterpetition; (“action”) “application” means a civil proceeding that is commenced by notice of application or by application; (“requête”) “defendant” means a person against whom an action is commenced; (“défendeur”) “hearing” includes a trial; (“audience”) “motion” means a motion in a proceeding or an intended proceeding; (“motion”) “order” includes a judgment or decree; (“ordonnance”) “plaintiff” means a person who commences an action; (“demandeur”) “region” means a region prescribed under section 79.1. (“région”) R.S.O. 1990, c. C.43, s. 1; 1993, c. 27, Sched.; 2006, c. 21, Sched. A, s. 1. Interpretation, judge n…

1.1 (1) A reference in the English version of an Act, rule or regulation to a court or official by the former name of that court or the former title of that official set out in Column 1 of the following table or by a shortened version of that name or title is deemed, unless a contrary intention appears, to be a reference to the new name of that court or the new title of that official set out in Column 2. Table Column 1 Former names and titles Column 2 New names and titles Ontario Court of Justice Court of Ontario Ontario Court (General Division) Superior Court of Justice Ontario Court (Provincial Division) Ontario Court of Justice Chief Justice of the Ontario Court of Justice Chief Justice of the Superior Court of Justice Associate Chief Justice of the Ontario Court of Justice Associate Chief Justice of the Superior Court of Justice Associate Chief Justice (Family Court) of the Ontario C…

PART I COURT OF APPEAL FOR ONTARIO

2 (1) The Court of Appeal for Ontario is continued as a superior court of record under the name Court of Appeal for Ontario in English and Cour d’appel de l’Ontario in French. Same (2) The Court of Appeal has the jurisdiction conferred on it by this or any other Act, and in the exercise of its jurisdiction has all the powers historically exercised by the Court of Appeal for Ontario. R.S.O. 1990, c. C.43, s. 2.

3 (1) The Court of Appeal shall consist of, (a) the Chief Justice of Ontario, who shall be president of the court; (b) the Associate Chief Justice of Ontario; and (c) fourteen other judges. Same (2) The Lieutenant Governor in Council may by regulation increase the number of judges of the Court of Appeal who are in addition to the Chief Justice and the Associate Chief Justice. Additional judges (3) There shall be such additional offices of judge of the Court of Appeal as are from time to time required, to be held by Chief Justices of Ontario and Associate Chief Justices of Ontario who have elected under the Judges Act (Canada) to perform only the duties of a judge of the Court of Appeal. Supernumerary judges (4) There shall be such additional offices of supernumerary judge of the Court of Appeal as are from time to time required, to be held by judges of the Court of Appeal who have electe…

4 (1) The Chief Justice of Ontario, with the concurrence of the Chief Justice of the Superior Court of Justice, may assign a judge of the Superior Court of Justice to perform the work of a judge of the Court of Appeal. R.S.O. 1990, c. C.43, s. 4 (1); 1996, c. 25, s. 9 (14, 17). Superior Court of Justice judges (2) A judge of the Superior Court of Justice is, by virtue of his or her office, a judge of the Court of Appeal and has all the jurisdiction, power and authority of a judge of the Court of Appeal. R.S.O. 1990, c. C.43, s. 4 (2); 1996, c. 25, s. 9 (17). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (14, 17) - 19/04/1999

5 (1) The Chief Justice of Ontario has general supervision and direction over the sittings of the Court of Appeal and the assignment of the judicial duties of the court. Absence of Chief Justice (2) If the Chief Justice of Ontario is absent from Ontario or is for any reason unable to act, his or her powers and duties shall be exercised and performed by the Associate Chief Justice of Ontario. Absence of Associate Chief Justice (3) If the Chief Justice of Ontario and the Associate Chief Justice of Ontario are both absent from Ontario or for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performed by a judge of the Court of Appeal designated by the Chief Justice or Associate Chief Justice. R.S.O. 1990, c. C.43, s. 5.

6 (1) An appeal lies to the Court of Appeal from, (a) an order of the Divisional Court, on a question that is not a question of fact alone, with leave of the Court of Appeal as provided in the rules of court; (b) a final order of a judge of the Superior Court of Justice, except, (i) an order referred to in clause 19 (1) (a) or (a.1), or (ii) an order from which an appeal lies to the Divisional Court under another Act; (c) a certificate of assessment of costs issued in a proceeding in the Court of Appeal, on an issue in respect of which an objection was served under the rules of court; (d) an order made under section 137.1. R.S.O. 1990, c. C.43, s. 6 (1); 1994, c. 12, s. 1; 1996, c. 25, s. 9 (17); 2015, c. 23, s. 1; 2020, c. 25, Sched. 2, s. 1 (1). Leave not required for second appeal (1.0.1) Despite clause (1) (a), leave of the Court of Appeal is not required in the case of an order of t…

7 (1) A proceeding in the Court of Appeal shall be heard and determined by not fewer than three judges sitting together, and always by an uneven number of judges. Motions (2) A motion in the Court of Appeal and an appeal under clause 6 (1) (c) shall be heard and determined by one judge. Same (3) Subsection (2) does not apply to a motion for leave to appeal, a motion to quash an appeal or any other motion that is specified by the rules of court. Same (4) A judge assigned to hear and determine a motion may adjourn the motion to a panel of the Court of Appeal. Same (5) A panel of the Court of Appeal may, on motion, set aside or vary the decision of a judge who hears and determines a motion. R.S.O. 1990, c. C.43, s. 7.

8 (1) The Lieutenant Governor in Council may refer any question to the Court of Appeal for hearing and consideration. R.S.O. 1990, c. C.43, s. 8 (1). Opinion of court (2) The court shall certify its opinion to the Lieutenant Governor in Council, accompanied by a statement of the reasons for it, and any judge who differs from the opinion may certify his or her opinion and reasons in the same manner. R.S.O. 1990, c. C.43, s. 8 (2). Submissions by Attorney General (3) On the hearing of the question, the Attorney General of Ontario is entitled to make submissions to the court. R.S.O. 1990, c. C.43, s. 8 (3). Same (4) The Attorney General of Canada shall be notified and is entitled to make submissions to the court if the question relates to the constitutional validity or constitutional applicability of an Act, or of a regulation or by-law made under an Act, of the Parliament of Canada or the …

9 (1) The judges of the Court of Appeal shall meet at least once in each year, on a day fixed by the Chief Justice of Ontario, in order to consider this Act, the rules of court and the administration of justice generally. R.S.O. 1990, c. C.43, s. 9 (1). (2) Repealed: 2009, c. 33, Sched. 2, s. 20 (1). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 20 (1) - 01/01/2015

PART II COURT OF ontario

10 (1) The Ontario Court of Justice is continued under the name Court of Ontario in English and Cour de l’Ontario in French. Divisions (2) The Court of Ontario shall consist of two divisions, the Superior Court of Justice (formerly the Ontario Court (General Division)) and the Ontario Court of Justice (formerly the Ontario Court (Provincial Division)). President (3) The person who is the Chief Justice of the Superior Court of Justice shall also be the president of the Court of Ontario. 1996, c. 25, s. 9 (2). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (2) - 19/04/1999

Superior Court of Justice

11 (1) The Ontario Court (General Division) is continued as a superior court of record under the name Superior Court of Justice in English and Cour supérieure de justice in French. 1996, c. 25, s. 9 (3). Same (2) The Superior Court of Justice has all the jurisdiction, power and authority historically exercised by courts of common law and equity in England and Ontario. R.S.O. 1990, c. C.43, s. 11 (2); 1996, c. 25, s. 9 (17). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (3, 17) - 19/04/1999

12 (1) The Superior Court of Justice consists of, (a) the Chief Justice of the Superior Court of Justice, who shall be president of the Superior Court of Justice; (b) the Associate Chief Justice of the Superior Court of Justice; (c) a regional senior judge of the Superior Court of Justice for each region; (d) the Senior Judge of the Family Court; and (e) such number of judges of the Superior Court of Justice as is fixed under clause 53 (1) (a). 1998, c. 20, Sched. A, s. 22 (2). (1.1) Repealed: 1998, c. 20, Sched. A, s. 1 (2). (1.2) Repealed: 1998, c. 20, Sched. A, s. 1 (2). (1.3) Repealed: 1998, c. 20, Sched. A, s. 1 (2). Additional judges (2) There shall be such additional offices of judge of the Superior Court of Justice as are from time to time required, to be held by Chief Justices of the Superior Court of Justice, Associate Chief Justices of the Superior Court of Justice and regiona…

13 (1) The Chief Justice of Ontario, with the concurrence of the Chief Justice of the Superior Court of Justice, may assign a judge of the Court of Appeal to perform the work of a judge of the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 13 (1); 1996, c. 25, s. 9 (14, 17). Court of Appeal judges (2) A judge of the Court of Appeal is, by virtue of his or her office, a judge of the Superior Court of Justice and has all the jurisdiction, power and authority of a judge of the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 13 (2); 1996, c. 25, s. 9 (17). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (14, 17) - 19/04/1999 Chief Justice, Associate Chief Justice and regional senior judges of Superior Court of Justice; Senior Judge of Family Court

14 (1) The Chief Justice of the Superior Court of Justice shall direct and supervise the sittings of the Superior Court of Justice and the assignment of its judicial duties. 1998, c. 20, Sched. A, s. 22 (3). Regional senior judges (2) A regional senior judge of the Superior Court of Justice shall, subject to the authority of the Chief Justice of the Superior Court of Justice, exercise the powers and perform the duties of the Chief Justice in respect of the Superior Court of Justice in his or her region. 1998, c. 20, Sched. A, s. 22 (3). Delegation (3) A regional senior judge of the Superior Court of Justice may delegate to a judge of the Superior Court of Justice in his or her region the authority to exercise specified functions. 1998, c. 20, Sched. A, s. 22 (3). Absence of Chief Justice (4) If the Chief Justice of the Superior Court of Justice is absent from Ontario or is for any reason…

15 (1) The Chief Justice of the Superior Court of Justice shall assign every judge of the Superior Court of Justice to a region and may re-assign a judge from one region to another. R.S.O. 1990, c. C.43, s. 15 (1); 1996, c. 25, s. 9 (14, 17). At least one judge in each county (2) There shall be at least one judge of the Superior Court of Justice assigned to each county and district. R.S.O. 1990, c. C.43, s. 15 (2); 1996, c. 25, s. 9 (17). High Court and District Court judges (3) No judge of the Superior Court of Justice who was a judge of the High Court of Justice or the District Court of Ontario before the 1st day of September, 1990 shall be assigned without his or her consent to a region other than the region in which he or she resided immediately before that day. R.S.O. 1990, c. C.43, s. 15 (3); 1996, c. 25, s. 9 (17). Same (4) Subsections (1) to (3) do not prevent the temporary assig…

16 A proceeding in the Superior Court of Justice shall be heard and determined by one judge of the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 16; 1994, c. 12, s. 4; 1996, c. 25, s. 9 (16, 17). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 4 - 28/02/1995; 1996, c. 25, s. 9 (16, 17) - 19/04/1999

17 An appeal lies to the Superior Court of Justice from, (a) an interlocutory order of a master, case management master or associate judge; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 17 (a) of the Act is amended by striking out “a master, case management master or associate judge” at the end and substituting “an associate judge”. (See: 2021, c. 34, Sched. 4, s. 3 (2)) (b) a certificate of assessment of costs issued in a proceeding in the Superior Court of Justice, on an issue in respect of which an objection was served under the rules of court. R.S.O. 1990, c. C.43, s. 17; 1996, c. 25, ss. 1 (1), 9 (17); 2021, c. 34, Sched. 4, s. 3 (1). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (1) - 31/10/1996; 1996, c. 25, s. 9 (17) - 19/04/1999 2021, c. 34, Sched. 4, s. 3 (1) - 01/09/2021; 2021, c. 34, Sched. 4, s. 3 (2) - not in force

Divisional Court

18 (1) The branch of the Superior Court of Justice known as the Divisional Court is continued under the name Divisional Court in English and Cour divisionnaire in French. R.S.O. 1990, c. C.43, s. 18 (1); 1996, c. 25, s. 9 (17). Same (2) The Divisional Court consists of the Chief Justice of the Superior Court of Justice, who is president of the Divisional Court, the associate chief justice and such other judges as the Chief Justice designates from time to time. 1994, c. 12, s. 5; 1996, c. 25, s. 9 (14); 1998, c. 20, Sched. A, s. 3. Jurisdiction of judges (3) Every judge of the Superior Court of Justice is also a judge of the Divisional Court. R.S.O. 1990, c. C.43, s. 18 (3); 1996, c. 25, s. 9 (17). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 5 - 28/02/1995; 1996, c. 25, s. 9 (14, 17) - 19/04/1999; 1998, c. 20, Sched. A, s. 3 - 26/02/1999

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); (a.1) a final order of a judge of the Family Court made only under a provision of an Act or regulation of Ontario; (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, case management master or associate judge. 2006, c. 21, Sched. A, s. 3; 2020, c. 25, Sched. 2, s. 2 (1); 2021, c. 4, Sched. 3, s. 2 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 19 (1) (c) of the Act, as amended by subsection (1), is amended by striking out “a master, case management master or associate judge” and substituting “an associate judge”. (See: 2021, c. 4, Sched. 3, s. 2 (2)) Same (1.0.1) Clauses (1) (a) and (b) do not apply …

20 (1) An appeal to the Divisional Court shall be heard in the region where the hearing or other process that led to the decision appealed from took place, unless the parties agree otherwise or the Chief Justice of the Superior Court of Justice orders otherwise because it is necessary to do so in the interests of justice. 1994, c. 12, s. 7; 1996, c. 25, s. 9 (14). Other proceedings (2) Any other proceeding in the Divisional Court may be brought in any region. R.S.O. 1990, c. C.43, s. 20 (2). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 7 - 28/02/1995; 1996, c. 25, s. 9 (14) - 19/04/1999

21 (1) A proceeding in the Divisional Court shall be heard and determined by three judges sitting together. R.S.O. 1990, c. C.43, s. 21 (1). Same (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 or class of matters 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 or the necessity for expedition, can and ought to be heard and determined by one judge. R.S.O. 1990, c. C.43, s. 21 (2); 1996, c. 25, s. 9 (14); 2017, c. 2, Sched. 2, s. 2; 2025, c. 24, Sched. 7, s. 1. Same, motions (3) A motion in the Divisional Court shall be heard and determined by one judg…

Family Court

21.1 (1) There shall be a branch of the Superior Court of Justice known as the Family Court in English and Cour de la famille in French. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (17). Unified Family Court (2) The Unified Family Court is amalgamated with and continued as part of the Family Court. 1994, c. 12, s. 8. Same (3) The Family Court has the jurisdiction conferred on it by this or any other Act. 1994, c. 12, s. 8. Jurisdiction (4) The Family Court has jurisdiction in the City of Hamilton and in the additional areas named in accordance with subsection (5). 1994, c. 12, s. 8; 2002, c. 17, Sched. F, Table. Proclamation (5) The Lieutenant Governor in Council may, by proclamation, name additional areas in which the Family Court has jurisdiction. 1994, c. 12, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995; 1996, c. 25, s. 9 (17) - 19/04/1999 2002, c. 17, S…

21.2 (1) The Family Court consists of, (a) the Chief Justice of the Superior Court of Justice, who shall be president of the Family Court; (b) the Associate Chief Justice; (c) the Senior Judge of the Family Court; (d) the five judges and one supernumerary judge of the Superior Court of Justice assigned to the Unified Family Court on June 30, 1993; (e) the judges of the Superior Court of Justice appointed to be members of the Family Court, the number of whom is fixed by regulation under clause 53 (1) (a.1); (f) the judges of the Superior Court of Justice assigned to the Family Court by the Chief Justice from time to time. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (14, 17); 1998, c. 20, Sched. A, s. 4 (1). Supernumerary judges (2) There shall be such additional offices of supernumerary judge of the Superior Court of Justice and member of the Family Court as are from time to time required, to be…

21.3 (1) All proceedings referred to in the Schedule to section 21.8 or in section 21.12 that are pending in the Superior Court of Justice or the Ontario Court of Justice in an area named under subsection 21.1 (5) as an area in which the Family Court has jurisdiction shall be transferred to and continued in the Family Court. Same (2) If a judge sitting in the Ontario Court of Justice is seized of a matter in a proceeding that is the subject of a transfer under subsection (1), the judge may complete that matter. 1998, c. 20, Sched. A, s. 22 (5). Section Amendments with date in force (d/m/y) 1998, c. 20, Sched. A, s. 22 (5) - 19/04/1999

21.4 Repealed: 1998, c. 20, Sched. A, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 20, Sched. A, s. 5 - 26/02/1999

21.5 Repealed: 1998, c. 20, Sched. A, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 20, Sched. A, s. 5 - 26/02/1999

21.6 Repealed: 1998, c. 20, Sched. A, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 20, Sched. A, s. 5 - 26/02/1999

21.7 A proceeding in the Family Court shall be heard and determined by one judge. 1994, c. 12, s. 8; 2009, c. 33, Sched. 2, s. 20 (4). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995 2009, c. 33, Sched. 2, s. 20 (4) - 15/12/2009

21.8 (1) In the parts of Ontario where the Family Court has jurisdiction, proceedings referred to in the Schedule to this section, except appeals and prosecutions, shall be commenced, heard and determined in the Family Court. 1994, c. 12, s. 8. Motions for interlocutory relief (2) A motion for interim or other interlocutory relief in a proceeding referred to in the Schedule that is required or permitted by the rules or an order of a court to be heard and determined in a part of Ontario where the Family Court has jurisdiction shall be heard and determined in the Family Court. 1994, c. 12, s. 8. Same (3) A motion for interim or other interlocutory relief in a proceeding referred to in the Schedule that is required or permitted by the rules or an order of the Family Court to be heard and determined in a part of Ontario where the Family Court does not have jurisdiction shall be heard and det…

21.9 Where a proceeding referred to in the Schedule to section 21.8 is commenced in the Family Court and is combined with a related matter that is in the judge’s jurisdiction but is not referred to in the Schedule, the court may, with leave of the judge, hear and determine the combined matters. 1994, c. 12, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995

21.9.1 Repealed: 2020, c. 25, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (4) - 31/10/1996; 1996, c. 25, s. 9 (17, 18) - 19/04/1999; 1998, c. 20, Sched. A, s. 6 - 26/02/1999 2020, c. 25, Sched. 2, s. 3 - 01/03/2021

21.10 (1) The Family Court may hear and determine an application under an Act to discharge, vary or suspend an order made by the Provincial Court (Family Division), the Ontario Court of Justice, the Superior Court of Justice or the Unified Family Court. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (17, 18). Same (2) The Family Court may enforce orders made by the Provincial Court (Family Division), the Ontario Court of Justice, the Superior Court of Justice or the Unified Family Court. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (17, 18). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995; 1996, c. 25, s. 9 (17, 18) - 19/04/1999

21.11 (1) Proceedings referred to in the Schedule to section 21.8 may be commenced in the Family Court if the applicant or the respondent resides in a part of Ontario where the Family Court has jurisdiction. 1994, c. 12, s. 8. Part III, Children's Law Reform Act application (2) An application under Part III of the Children’s Law Reform Act in respect of a child who habitually resides in a part of Ontario where the Family Court has jurisdiction may be commenced in the Family Court in that part of Ontario. 1994, c. 12, s. 8; 2020, c. 25, Sched. 1, s. 27 (1). Transfer to other court (3) A judge presiding over the Family Court may, on motion, order that a proceeding commenced in the Family Court be transferred to the appropriate court in a place where the Family Court does not have jurisdiction if, in the judge’s opinion, the preponderance of convenience favours having the matter dealt with …

21.12 (1) A judge presiding over the Family Court shall be deemed to be a judge of the Ontario Court of Justice for the purpose of prosecutions under Part V (Child Protection) and Part VIII (Adoption and Adoption Licensing) of the Child, Youth and Family Services Act, 2017, the Children’s Law Reform Act, the Family Law Act and the Family Responsibility and Support Arrears Enforcement Act, 1996. 2017, c. 14, Sched. 4, s. 10 (2). (2), (3) Repealed: 2009, c. 33, Sched. 2, s. 20 (5). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. C. 43, s. 21.12 (3) - no effect - see 2009, c. 33, Sched. 2, s. 20 (5) - 15/12/2009; 1998, c. 20, Sched. A, s. 7 - 26/02/1999; 1998, c. 20, Sched. A, s. 22 (6) - 19/04/1999 2009, c. 33, Sched. 2, s. 20 (5) - 15/12/2009 2017, c. 14, Sched. 4, s. 10 (2) - 30/04/2018

21.13 (1) There shall be one or more community liaison committees, as determined by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, for each area in which the Family Court has jurisdiction. 1998, c. 20, Sched. A, s. 22 (7); 2009, c. 33, Sched. 2, s. 20 (6). Composition (2) A community liaison committee consists of judges, lawyers, persons employed in court administration and other residents of the community, appointed by the Chief Justice of the Superior Court of Justice or by a person he or she designates for the purpose. 1998, c. 20, Sched. A, s. 22 (7). Function (3) A community liaison committee shall consider matters affecting the general operations of the court in the municipality and make recommendations to the appropriate authorities. 1994, c. 12, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/…

21.14 (1) There shall be one or more community resources committees, as determined by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, for each area in which the Family Court has jurisdiction. 1998, c. 20, Sched. A, s. 22 (8); 2009, c. 33, Sched. 2, s. 20 (7). Composition (2) A community resources committee consists of judges, lawyers, members of social service agencies, persons employed in court administration and other residents of the community, appointed by the Chief Justice of the Superior Court of Justice or by a person whom he or she designates for the purpose. 1998, c. 20, Sched. A, s. 22 (8). Function (3) A community resources committee shall develop links between the court and social service resources available in the community, identify needed resources and develop strategies for putting them in place. 1994, c. 12, s. 8. …

21.15 A service for the resolution of disputes by alternatives to litigation may be established, maintained and operated as part of the Family Court. 1994, c. 12, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 8 - 28/02/1995

Small Claims Court

22 (1) The Small Claims Court is continued as a branch of the Superior Court of Justice under the name Small Claims Court in English and Cour des petites créances in French. R.S.O. 1990, c. C.43, s. 22 (1); 1996, c. 25, s. 9 (17). Same (2) The Small Claims Court consists of the Chief Justice of the Superior Court of Justice who shall be president of the court and such other judges of the Superior Court of Justice as the Chief Justice designates from time to time. R.S.O. 1990, c. C.43, s. 22 (2); 1996, c. 25, s. 9 (14, 17). Jurisdiction of judges (3) Every judge of the Superior Court of Justice is also a judge of the Small Claims Court. R.S.O. 1990, c. C.43, s. 22 (3); 1996, c. 25, s. 9 (17). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (14, 17) - 19/04/1999

23 (1) The Small Claims Court, (a) has jurisdiction in any action for the payment of money where the amount claimed does not exceed the prescribed amount exclusive of interest and costs; and (b) has jurisdiction in any action for the recovery of possession of personal property where the value of the property does not exceed the prescribed amount. R.S.O. 1990, c. C.43, s. 23 (1). Commencement of actions in Small Claims Court (1.1) An action that is within the Small Claims Court’s jurisdiction shall not, despite subsection 11 (2), be commenced in the Superior Court of Justice except with leave of the Superior Court of Justice as provided in the rules of court. 2023, c. 12, Sched. 3, s. 1. Same (1.2) Subsection (1.1) does not apply with respect to a counterclaim, crossclaim or third or subsequent party claim, where the main action was commenced in the Superior Court of Justice. 2023, c. 12,…

24 (1) A proceeding in the Small Claims Court shall be heard and determined by one judge of the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 24 (1); 1996, c. 25, s. 9 (17). Other judicial officials who may preside (2) Despite subsection (1), a proceeding in the Small Claims Court may also be heard and determined by, (a) Repealed: 2023, c. 2, Sched. 2, s. 1. (b) a deputy judge appointed under section 32; or (c) the Small Claims Court Administrative Judge appointed under section 87.2. 2017, c. 2, Sched. 2, s. 3; 2023, c. 2, Sched. 2, s. 1. Where deputy judge not to preside (3) A deputy judge shall not hear and determine an action, (a) for the payment of money in excess of the prescribed amount; or (b) for the recovery of possession of personal property exceeding the prescribed amount in value. R.S.O. 1990, c. C.43, s. 24 (3). Section Amendments with date in force (d/m/y) 1994, c. 12…

25 The Small Claims Court shall hear and determine in a summary way all questions of law and fact and may make such order as is considered just and agreeable to good conscience. R.S.O. 1990, c. C.43, s. 25.

26 A party may be represented in a proceeding in the Small Claims Court by a person authorized under the Law Society Act to represent the party, but the court may exclude from a hearing anyone, other than a person licensed under the Law Society Act, appearing on behalf of the party if it finds that such person is not competent properly to represent the party, or does not understand and comply at the hearing with the duties and responsibilities of an advocate. 2006, c. 21, Sched. C, s. 105 (1). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 10 - 28/02/1995 2006, c. 21, Sched. C, s. 105 (1) - 01/05/2007

27 (1) Subject to subsections (3) and (4), the Small Claims Court may admit as evidence at a hearing and act upon any oral testimony and any document or other thing so long as the evidence is relevant to the subject-matter of the proceeding, but the court may exclude anything unduly repetitious. Same (2) Subsection (1) applies whether or not the evidence is given or proven under oath or affirmation or admissible as evidence in any other court. Same (3) Nothing is admissible in evidence at a hearing, (a) that would be inadmissible by reason of any privilege under the law of evidence; or (b) that is inadmissible by any Act. Conflicts (4) Nothing in subsection (1) overrides the provisions of any Act expressly limiting the extent to or purposes for which any oral testimony, documents or things may be admitted or used in evidence in any proceeding. Copies (5) A copy of a document or any other…

28 The Small Claims Court may order the times and the proportions in which money payable under an order of the court shall be paid. R.S.O. 1990, c. C.43, s. 28.

29 An award of costs in the Small Claims Court, other than disbursements, shall not exceed 15 per cent of the amount claimed or the value of the property sought to be recovered unless the court considers it necessary in the interests of justice to penalize a party or a party’s representative for unreasonable behaviour in the proceeding. R.S.O. 1990, c. C.43, s. 29; 2006, c. 21, Sched. C, s. 105 (2). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 105 (2) - 01/05/2007

30 (1) The Small Claims Court may, in accordance with the rules of court, order a debtor or other person who is required to and fails to attend an examination respecting a default by the debtor under an order of the court for the payment or recovery of money, to attend before the court for a contempt hearing. 2009, c. 33, Sched. 2, s. 20 (8). Finding of contempt (2) The Small Claims Court may find a person to be in contempt of court at a hearing referred to in subsection (1), if the court is satisfied that, (a) the person was required to attend the examination; (b) the person was served, in accordance with the rules of court, with a notice to attend the examination; (c) the person failed to attend the examination; and (d) the failure to attend was wilful. 2009, c. 33, Sched. 2, s. 20 (8). Power conferred (3) For greater certainty, the power of the Small Claims Court to order, hear and de…

31 An appeal lies to the Divisional Court from a final order of the Small Claims Court in an action, (a) for the payment of money in excess of the prescribed amount, excluding costs; or (b) for the recovery of possession of personal property exceeding the prescribed amount in value. R.S.O. 1990, c. C.43, s. 31; 2009, c. 33, Sched. 2, s. 20 (9, 10). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 20 (9, 10) - 01/07/2010

32 (1) A regional senior judge of the Superior Court of Justice may, with the approval of the Attorney General, appoint a lawyer to act as a deputy judge of the Small Claims Court. 2009, c. 33, Sched. 2, s. 20 (11). Term of appointment (2) The appointment of a deputy judge is for a term of three years, subject to subsections (3) and (7). 2009, c. 33, Sched. 2, s. 20 (11). Annual appointment if 65 or older (3) If the deputy judge is 65 years of age or older and under 75 years of age, the appointment shall be for a term of one year, subject to subsection (8). 2009, c. 33, Sched. 2, s. 20 (11). Renewal before age 65 (4) The appointment of a deputy judge who is under 65 years of age may be renewed by a regional senior judge of the Superior Court of Justice for a term of three years, subject to subsection (7). 2009, c. 33, Sched. 2, s. 20 (11). Annual renewal if 65 or older (5) The appointmen…

33 (1) A council known as the Deputy Judges Council in English and as Conseil des juges suppléants in French is established. 1994, c. 12, s. 13. Composition (2) The Deputy Judges Council is composed of, (a) the Chief Justice of the Superior Court of Justice, or another judge of the Superior Court of Justice designated by the Chief Justice; (b) a regional senior judge of the Superior Court of Justice, appointed by the Chief Justice; (c) a judge of the Superior Court of Justice, appointed by the Chief Justice; (d) the Small Claims Court Administrative Judge appointed under section 87.2 or a deputy judge, as appointed by the Chief Justice; and; (e) three persons who are neither judges nor lawyers, appointed by the Lieutenant Governor in Council on the Attorney General’s recommendation. 1994, c. 12, s. 13; 1996, c. 25, s. 9 (14, 17); 2017, c. 2, Sched. 2, s. 4. Criteria (3) In the appointmen…

33.1 (1) Any person may make a complaint alleging misconduct by a deputy judge, by writing to the judge of the Superior Court of Justice designated by the regional senior judge in the region where the deputy judge sits. 1994, c. 12, s. 13; 1996, c. 25, s. 9 (17). Dismissal (2) The judge shall review the complaint and may dismiss it without further investigation if, in his or her opinion, it falls outside the jurisdiction of the regional senior judge, is frivolous or an abuse of process, or concerns a minor matter to which an appropriate response has already been given. 1994, c. 12, s. 13. Notice of dismissal (3) The judge shall notify the regional senior judge, the complainant and the deputy judge in writing of a dismissal under subsection (2), giving brief reasons for it. 1994, c. 12, s. 13. Committee (4) If the complaint is not dismissed, the judge shall refer it to a committee consist…

Ontario Court of Justice

34 The Ontario Court (Provincial Division) is continued as a court of record under the name Ontario Court of Justice in English and Cour de justice de l’Ontario in French. 1996, c. 25, s. 9 (5). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (5) - 19/04/1999

35 The Ontario Court of Justice shall consist of, (a) the Chief Justice of the Ontario Court of Justice appointed under subsection 42 (3), who shall be president of the Ontario Court of Justice; (a.1) the Associate Chief Justice and the Associate Chief Justice-Co-ordinator of Justices of the Peace of the Ontario Court of Justice appointed under subsections 42 (4) and (5); (b) a regional senior judge of the Ontario Court of Justice appointed under subsection 42 (6) for each region; (b.1) the Senior Advisory Family Judge of the Ontario Court of Justice appointed under subsection 42 (6.2); (c) such provincial judges as are appointed under subsection 42 (1); and (d) such provincial judges as were assigned to the Provincial Court (Criminal Division) or the Provincial Court (Family Division) on the 31st day of December, 1989. R.S.O. 1990, c. C.43, s. 35; 1994, c. 12, s. 14; 1996, c. 25, s. 9 (…

36 (1) The Chief Justice of the Ontario Court of Justice shall direct and supervise the sittings of the Ontario Court of Justice and the assignment of its judicial duties. R.S.O. 1990, c. C.43, s. 36 (1); 1996, c. 25, s. 9 (16, 18, 20). Regional senior judges (2) A regional senior judge of the Ontario Court of Justice shall, subject to the authority of the Chief Justice of the Ontario Court of Justice, exercise the powers and perform the duties of the Chief Justice of the Ontario Court of Justice in his or her region. R.S.O. 1990, c. C.43, s. 36 (2); 1993, c. 27, Sched.; 1996, c. 25, s. 9 (18, 20). Delegation (3) A regional senior judge of the Ontario Court of Justice may delegate to a judge of the Ontario Court of Justice in his or her region the authority to exercise specified functions. R.S.O. 1990, c. C.43, s. 36 (3); 1996, c. 25, s. 9 (18). Absence of Chief Justice (4) If the Chief …

37 (1) The Chief Justice of the Ontario Court of Justice shall assign every provincial judge to a region and may re-assign a judge from one region to another. R.S.O. 1990, c. C.43, s. 37 (1); 1996, c. 25, s. 9 (18, 20). Same (2) Subsection (1) does not prevent the temporary assignment of a provincial judge to a location anywhere in Ontario. R.S.O. 1990, c. C.43, s. 37 (2). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (18, 20) - 19/04/1999 Jurisdiction of Ontario Court of Justice

38 (1) A provincial judge has the power and authority of two or more justices of the peace when sitting in the Ontario Court of Justice and shall exercise the powers and perform the duties that any Act of the Parliament of Canada confers on a provincial court judge when sitting in the Ontario Court of Justice. R.S.O. 1990, c. C.43, s. 38 (1); 1996, c. 25, s. 9 (18). Provincial offences and family matters (2) The Ontario Court of Justice shall perform any function assigned to it by or under the Provincial Offences Act, the Family Law Act, the Children’s Law Reform Act, the Child, Youth and Family Services Act, 2017 or any other Act. R.S.O. 1990, c. C.43, s. 38 (2); 1996, c. 25, s. 9 (18); 2017, c. 14, Sched. 4, s. 10 (3). Youth court and youth justice court (3) The Ontario Court of Justice is a youth court for the purposes of the Young Offenders Act (Canada) and a youth justice court for …

39 (1) A proceeding in the Ontario Court of Justice shall be heard and determined by one judge of the Ontario Court of Justice. R.S.O. 1990, c. C.43, s. 39 (1); 1996, c. 25, s. 9 (18). Justice of the peace may preside (2) A justice of the peace may preside over the Ontario Court of Justice in a proceeding under the Provincial Offences Act. R.S.O. 1990, c. C.43, s. 39 (2); 1996, c. 25, s. 9 (18). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (18) - 19/04/1999

40 (1) If no provision is made concerning an appeal from an order of the Ontario Court of Justice, an appeal lies to the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 40 (1); 1993, c. 27, Sched.; 1996, c. 25, s. 9 (17, 18). Exception (2) Subsection (1) does not apply to a proceeding under the Criminal Code (Canada) or the Provincial Offences Act. R.S.O. 1990, c. C.43, s. 40 (2). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1996, c. 25, s. 9 (17, 18) - 19/04/1999

41 Any person who knowingly disturbs or interferes with a proceeding in the Ontario Court of Justice without reasonable justification while outside the courtroom is guilty of an offence and on conviction is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than thirty days, or to both. R.S.O. 1990, c. C.43, s. 41; 1996, c. 25, s. 9 (18). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (18) - 19/04/1999

Provincial Judges

42 (1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint such provincial judges as are considered necessary. 1994, c. 12, s. 16. Qualification (2) No person shall be appointed as a provincial judge unless the person satisfies the following criteria: 1. The person has, i. been a member of the bar of one of the provinces or territories of Canada for at least 10 years, or ii. for an aggregate of at least 10 years, been a member of a bar mentioned in subparagraph i and, after becoming a member of such a bar, exercised powers and performed duties of a judicial nature on a full-time basis in respect of a position held under a law of Canada or of one of its provinces or territories. 2. The person undertakes to participate in such courses as may be designated for newly appointed judges by the Chief Justice of the Ontario Court of Justice under subsect…

43 (1) The committee known as the Judicial Appointments Advisory Committee in English and Comité consultatif sur les nominations à la magistrature in French is continued. 2021, c. 4, Sched. 3, s. 4. Composition (2) The Committee is composed of, (a) two provincial judges, appointed by the Chief Justice of the Ontario Court of Justice; (b) three lawyers appointed by the Attorney General, one appointed from a list of three names submitted by the Law Society of Ontario, one appointed from a list of three names submitted by the Ontario Bar Association and one appointed from a list of three names submitted by the Federation of Ontario Law Associations; (c) seven persons who are not judges, appointed by the Attorney General; and (d) a member of the Judicial Council, appointed by it. 2021, c. 4, Sched. 3, s. 4; 2025, c. 6, Sched. 5, s. 2. Criteria (3) In the appointment of members under clauses …

43.1 (0.1) In this section, “classification period” means, in respect of a candidate, the period beginning on the day the candidate submits an application for candidacy to be appointed as a provincial judge and ending on the third anniversary of that day. 2025, c. 6, Sched. 5, s. 3 (1). Committee functions (1) The functions of the Judicial Appointments Advisory Committee are to, (a) recommend candidates to the Attorney General for the appointment of provincial judges; and (b) provide advice to the Attorney General respecting the process for appointing provincial judges in accordance with this Act. 2021, c. 4, Sched. 3, s. 4. Manner of operating (2) The Committee shall perform its functions in the following manner: 1. It shall, on the Attorney General’s request, advertise for applications for candidacy to be appointed as a provincial judge. 2. It shall review and evaluate all applications…

44 (1) A provincial judge may, at his or her option and with the Chief Justice’s consent, change from full-time to part-time service or the reverse, or increase or decrease the amount of part-time service. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Part-time judges (2) The Chief Justice, with the Attorney General’s consent, may designate a former provincial judge who has retired from office to serve as a provincial judge on a part-time basis, not to exceed the limits specified by the regulations made under this Act. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20); 2023, c. 2, Sched. 2, s. 2; 2024, c. 27, Sched. 7, s. 1. Same (3) A person designated under subsection (2) is a provincial judge and a member of the Ontario Court of Justice. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (18). Same (4) A judge who is serving on a part-time basis under subsection (1) or (2) shall not engage in any other rem…

45 (1) A provincial judge who believes that he or she is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated may apply to the Judicial Council for an order under subsection (2). Duty of Judicial Council (2) If the Judicial Council finds that the judge is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated, it shall order that the judge’s needs be accommodated to the extent necessary to enable him or her to perform those duties. Undue hardship (3) Subsection (2) does not apply if the Judicial Council is satisfied that making an order would impose undue hardship on the person responsible for accommodating the judge’s needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. Guidelines and rules of procedur…

46 (1) A provincial judge may act as commissioner, arbitrator, adjudicator, referee, conciliator or mediator only if expressly authorized by an Act of the Parliament of Canada or the Legislature or appointed or authorized by the Governor in Council or Lieutenant Governor in Council. Same (2) A judge who, before January 1, 1985, had the consent of the Attorney General to act as an arbitrator or conciliator may continue to do so. Remuneration (3) A judge acting under subsection (1) shall not receive remuneration but shall be reimbursed for reasonable travelling and other expenses incurred while so acting. 1994, c. 12, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995

47 (1) Every provincial judge shall retire upon attaining the age of sixty-five years. 1994, c. 12, s. 16. Same (2) Despite subsection (1), a judge appointed as a full-time magistrate, judge of a juvenile and family court or master before December 2, 1968 shall retire upon attaining the age of seventy years. 1994, c. 12, s. 16. Continuation of judges in office (3) A judge who has attained retirement age may, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, continue in office as a full-time or part-time judge until he or she attains the age of seventy-five years. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20). Same, regional senior judges (4) A regional senior judge of the Ontario Court of Justice who is in office at the time of attaining retirement age may, subject to the annual approval of the Chief Justice, continue in that office until his or her te…

48. (1) A provincial judge may at any time resign from his or her office by delivering a signed letter of resignation to the Chief Justice of the Ontario Court of Justice or, in the case of the Chief Justice, to the Attorney General. 2017, c. 2, Sched. 2, s. 8 (1). Election (2) A Chief Justice, an associate chief justice or a regional senior judge may, before the expiry of his or her term of office under section 42, elect to hold the office of a provincial judge only, by delivering a signed letter to that effect to the Attorney General in the case of a Chief Justice, or to the Chief Justice of the Ontario Court of Justice in any other case. 2017, c. 2, Sched. 2, s. 8 (1). (3) Repealed: 2016, c. 5, Sched. 7, s. 2. Effective date (4) A resignation or election under this section takes effect on the day the letter is delivered to the Chief Justice or the Attorney General, as the case may be …

Ontario Judicial Council

49 (1) The Ontario Judicial Council is continued under the name Ontario Judicial Council in English and Conseil de la magistrature de l’Ontario in French. 1994, c. 12, s. 16. Composition (2) The Judicial Council is composed of, (a) the Chief Justice of Ontario, or another judge of the Court of Appeal designated by the Chief Justice; (b) the Chief Justice of the Ontario Court of Justice, or another judge of that court designated by the Chief Justice, and the Associate Chief Justice of the Ontario Court of Justice; (c) a regional senior judge of the Ontario Court of Justice, appointed by the Lieutenant Governor in Council on the Attorney General’s recommendation; (d) two judges of the Ontario Court of Justice, appointed by the Chief Justice; (e) the Treasurer of the Law Society of Ontario, or another bencher of the Law Society who is a lawyer, designated by the Treasurer; (f) a lawyer who …

50 (1) If the Chief Justice of the Ontario Court of Justice is the subject of a complaint, (a) the Chief Justice of Ontario shall appoint another judge of the Ontario Court of Justice to be a member of the Judicial Council instead of the Chief Justice of the Ontario Court of Justice, until the complaint is finally disposed of; (b) the Associate Chief Justice of the Ontario Court of Justice shall chair meetings and hearings of the Council instead of the Chief Justice of the Ontario Court of Justice, and make appointments under subsection 49 (3) instead of the Chief Justice, until the complaint is finally disposed of; and (c) any reference of the complaint that would otherwise be made to the Chief Justice of the Ontario Court of Justice under clause 51.4 (13) (b) or 51.4 (18) (c), subclause 51.5 (8) (b) (ii) or clause 51.5 (10) (b) shall be made to the Chief Justice of the Superior Court o…

51 (1) The Judicial Council shall provide, in courthouses and elsewhere, information about itself and about the justice system, including information about how members of the public may obtain assistance in making complaints. Same (2) In providing information, the Judicial Council shall emphasize the elimination of cultural and linguistic barriers and the accommodation of the needs of persons with disabilities. Assistance to public (3) Where necessary, the Judicial Council shall arrange for the provision of assistance to members of the public in the preparation of documents for making complaints. Telephone access (4) The Judicial Council shall provide province-wide free telephone access, including telephone access for the deaf, to information about itself and its role in the justice system. Persons with disabilities (5) To enable persons with disabilities to participate effectively in th…

51.1 (1) The Judicial Council shall establish and make public rules governing its own procedures, including the following: 1. Guidelines and rules of procedure for the purpose of section 45. 2. Guidelines and rules of procedure for the purpose of subsection 51.4 (21). 3. Guidelines and rules of procedure for the purpose of subsection 51.4 (22). 4. If applicable, criteria for the purpose of subsection 51.5 (2). 5. If applicable, guidelines and rules of procedure for the purpose of subsection 51.5 (13). 6. Rules of procedure for the purpose of subsection 51.6 (3). 7. Criteria for the purpose of subsection 51.6 (7). 8. Criteria for the purpose of subsection 51.6 (8). 9. Criteria for the purpose of subsection 51.6 (10). 1994, c. 12, s. 16. Legislation Act, 2006, Part III (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to rules, guidelines or criteria established by the…

51.2 (1) The information provided under subsections 51 (1), (3) and (4) and the matters made public under subsection 51.1 (1) shall be made available in English and French. Same (2) Complaints against provincial judges may be made in English or French. Same (3) A hearing under section 51.6 shall be conducted in English, but a complainant or witness who speaks French or a judge who is the subject of a complaint and who speaks French is entitled, on request, (a) to be given, before the hearing, French translations of documents that are written in English and are to be considered at the hearing; (b) to be provided with the assistance of an interpreter at the hearing; and (c) to be provided with simultaneous interpretation into French of the English portions of the hearing. Same (4) Subsection (3) also applies to mediations conducted under section 51.5 and to the Judicial Council’s considera…

51.3 (1) Any person may make a complaint to the Judicial Council alleging misconduct by a provincial judge. Same (2) If an allegation of misconduct against a provincial judge is made to a member of the Judicial Council, it shall be treated as a complaint made to the Judicial Council. Same (3) If an allegation of misconduct against a provincial judge is made to any other judge or to the Attorney General, the other judge, or the Attorney General, as the case may be, shall provide the person making the allegation with information about the Judicial Council’s role in the justice system and about how a complaint may be made, and shall refer the person to the Judicial Council. Carriage of matter (4) Once a complaint has been made to the Judicial Council, the Council has carriage of the matter. Information re complaint (5) At any person’s request, the Judicial Council may confirm or deny that a…

51.4 (1) A complaint received by the Judicial Council shall be reviewed by a subcommittee of the Council consisting of a provincial judge other than the Chief Justice and a person who is neither a judge nor a lawyer. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Rotation of members (2) The eligible members of the Judicial Council shall all serve on the subcommittee on a rotating basis. Dismissal (3) The subcommittee shall dismiss the complaint without further investigation if, in the subcommittee’s opinion, it falls outside the Judicial Council’s jurisdiction or is frivolous or an abuse of process. Investigation (4) If the complaint is not dismissed under subsection (3), the subcommittee shall conduct such investigation as it considers appropriate. Expert assistance (5) The subcommittee may engage persons, including counsel, to assist it in its investigation. Investigation private (6) The …

51.5 (1) The Judicial Council may establish a mediation process for complainants and for judges who are the subject of complaints. Criteria (2) If the Judicial Council establishes a mediation process, it must also establish criteria to exclude from the process complaints that are inappropriate for mediation. Same (3) Without limiting the generality of subsection (2), the criteria must ensure that complaints are excluded from the mediation process in the following circumstances: 1. There is a significant power imbalance between the complainant and the judge, or there is such a significant disparity between the complainant’s and the judge’s accounts of the event with which the complaint is concerned that mediation would be unworkable. 2. The complaint involves an allegation of sexual misconduct or an allegation of discrimination or harassment because of a prohibited ground of discriminatio…

51.6 (1) When the Judicial Council decides to hold a hearing, it shall do so in accordance with this section. 1994, c. 12, s. 16. Application of SPPA (2) The Statutory Powers Procedure Act, except section 4 and subsection 9 (1), applies to the hearing. 1994, c. 12, s. 16. Rules of procedure (3) The Judicial Council’s rules of procedure established under subsection 51.1 (1) apply to the hearing. 1994, c. 12, s. 16. Communication re subject-matter of hearing (4) The members of the Judicial Council participating in the hearing shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person, unless all the parties and the persons representing the parties under the authority of the Law Society Act receive notice and have an opportunity to participate. 2006, c. 21, Sched. C, s. 105 (3). Exception (5) Subsection (4) does not preclude the Judicial Co…

51.7 (1) When the Judicial Council has dealt with a complaint against a provincial judge, it shall consider whether the judge should be compensated for his or her costs for legal services incurred in connection with all the steps taken under sections 51.4, 51.5 and 51.6 and this section in relation to the complaint. 1994, c. 12, s. 16. Consideration of question combined with hearing (2) If the Judicial Council holds a hearing into the complaint, its consideration of the question of compensation shall be combined with the hearing. 1994, c. 12, s. 16. Public or private consideration of question (3) The Judicial Council’s consideration of the question of compensation shall take place in public if there was a public hearing into the complaint, and otherwise shall take place in private. 1994, c. 12, s. 16. Recommendation (4) If the Judicial Council is of the opinion that the judge should be c…

51.8 (1) A provincial judge may be removed from office only if, (a) a complaint about the judge has been made to the Judicial Council; and (b) the Judicial Council, after a hearing under section 51.6, recommends to the Attorney General that the judge be removed on the ground that he or she has become incapacitated or disabled from the due execution of his or her office by reason of, (i) inability, because of a disability, to perform the essential duties of his or her office (if an order to accommodate the judge’s needs would not remedy the inability, or could not be made because it would impose undue hardship on the person responsible for meeting those needs, or was made but did not remedy the inability), (ii) conduct that is incompatible with the due execution of his or her office, or (iii) failure to perform the duties of his or her office. 1994, c. 12, s. 16. Tabling of recommendation…

51.9 (1) The Chief Justice of the Ontario Court of Justice may establish standards of conduct for provincial judges, including a plan for bringing the standards into effect, and may implement the standards and plan when they have been reviewed and approved by the Judicial Council. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20). Duty of Chief Justice (2) The Chief Justice shall ensure that any standards of conduct are made available to the public, in English and French, when they have been approved by the Judicial Council. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20); 2006, c. 21, Sched. A, s. 6. Goals (3) The following are among the goals that the Chief Justice may seek to achieve by implementing standards of conduct for judges: 1. Recognizing the independence of the judiciary. 2. Maintaining the high quality of the justice system and ensuring the efficient administration of justice. 3. En…

51.10 (1) The Chief Justice of the Ontario Court of Justice shall establish a plan for the continuing education of provincial judges, and shall implement the plan when it has been reviewed and approved by the Judicial Council. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20). Duty of Chief Justice (2) The Chief Justice shall ensure that the plan for continuing education is made available to the public, in English and French, when it has been approved by the Judicial Council. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Goals (3) Continuing education of judges has the following goals: 1. Maintaining and developing professional competence. 2. Maintaining and developing social awareness. 3. Encouraging personal growth. 1994, c. 12, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995; 1996, c. 25, s. 9 (18, 20) - 19/04/1999

51.10.1 (1) The Chief Justice of the Ontario Court of Justice may establish courses for newly appointed judges and for the continuing education of judges, which may include courses respecting, (a) sexual assault law; (b) intimate partner violence; (c) coercive control in intimate partner and family relationships; and (d) social context, which includes systemic racism and systemic discrimination. 2023, c. 12, Sched. 3, s. 3. Courses re sexual assault and intimate partner violence, consultation (2) The Chief Justice may, in establishing courses respecting matters mentioned in clauses (1) (a) to (d), consult with such persons, groups and organizations as the Chief Justice considers appropriate, which may include survivors of sexual assault, survivors of intimate partner violence and persons, groups and organizations that support these survivors, including Indigenous leaders and representati…

51.11 (1) The Chief Justice of the Ontario Court of Justice may establish a program of performance evaluation for provincial judges, and may implement the program when it has been reviewed and approved by the Judicial Council. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20). Duty of Chief Justice (2) The Chief Justice shall make the existence of the program of performance evaluation public when it has been approved by the Judicial Council. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Goals (3) The following are among the goals that the Chief Justice may seek to achieve by establishing a program of performance evaluation for judges: 1. Enhancing the performance of individual judges and of judges in general. 2. Identifying continuing education needs. 3. Assisting in the assignment of judges. 4. Identifying potential for professional development. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Sc…

51.12 In establishing standards of conduct under section 51.9, a plan for continuing education under section 51.10 and a program of performance evaluation under section 51.11, the Chief Justice of the Ontario Court of Justice shall consult with judges of that court and with such other persons as he or she considers appropriate. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (15, 18, 20). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995; 1996, c. 25, s. 9 (15, 18, 20) - 19/04/1999

Provincial Judges’ Remuneration Remuneration and framework agreement

51.13 (1) The committee known as the Provincial Judges Remuneration Commission in English and as Commission de rémunération des juges provinciaux in French is continued. 1994, c. 12, s. 16. Composition and functions (2) The composition and functions of the Commission are as set out in Appendix A of the framework agreement set out in the Schedule to this Act. 1994, c. 12, s. 16. Framework agreement (3) The framework agreement forms part of this Act. 1994, c. 12, s. 16. Same (4) The reference in paragraph 11 of the framework agreement to public servants as defined in the Public Service Act is deemed to be a reference to public servants employed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 20 (1). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995 2006, c. 35, Sched. C, s. 20 (1) - 20/08/2007

Miscellaneous Meetings of judges

52 (1) The judges of the Superior Court of Justice shall meet at least once in each year, on a day fixed by the Chief Justice of the Superior Court of Justice, in order to consider this Act, the rules of court and the administration of justice generally. 1994, c. 12, s. 17; 1996, c. 25, s. 9 (14, 17). Family Court (2) The judges of the Family Court shall meet at least once in each year, on a day fixed by the Chief Justice of the Superior Court of Justice, in order to consider this Act, the rules of court and the administration of justice generally. 1998, c. 20, Sched. A, s. 22 (9). (2.1) Repealed: 2009, c. 33, Sched. 2, s. 20 (12). Regional senior judges, Superior Court of Justice (2.2) The regional senior judges of the Superior Court of Justice and the Senior Judge of the Family Court shall meet at least once in each year with the Chief Justice and the Associate Chief Justice of the Sup…

53 (1) The Lieutenant Governor in Council may make regulations, (a) fixing the number of judges of the Superior Court of Justice for the purpose of clause 12 (1) (e); (a.1) fixing the number of judges of the Superior Court of Justice who are members of the Family Court appointed under clause 21.2 (1) (e); (a.2) fixing the remuneration of provincial judges; (a.3) providing for the benefits to which provincial judges are entitled, including benefits respecting, (i) leave of absence and vacations, (ii) sick leave credits and payments in respect of those credits, and (iii) pension benefits for provincial judges and their surviving spouses and children; (a.4) providing for the matters referred to in clauses (a.2) and (a.3) with respect to the Small Claims Court Administrative Judge appointed under section 87.2; (b) fixing the remuneration of associate judges and providing for the benefits to …

54-64 Section Amendments with date in force (d/m/y) 1994 c. 12, s. 19 - 28/02/1995

PART IV RULES OF COURT

65 (1) The committee known as the Civil Rules Committee is continued under the name Civil Rules Committee in English and Comité des règles en matière civile in French. R.S.O. 1990, c. C.43, s. 65 (1). Composition (2) The Civil Rules Committee shall be composed of, (a) the Chief Justice of Ontario or another judge of the Court of Appeal designated by the Chief Justice; (a.1) the Associate Chief Justice of Ontario or another judge of the Court of Appeal designated by the Chief Justice of Ontario; (a.2) the Chief Justice of the Superior Court of Justice or another judge of that court designated by the Chief Justice; (a.3) the Associate Chief Justice of the Superior Court of Justice or another judge of that court designated by the Chief Justice of that court; (b) two judges of the Court of Appeal, who shall be appointed by the Chief Justice of Ontario; (c) eight judges of the Superior Court …

66 (1) Subject to the approval of the Attorney General, the Civil Rules Committee may make rules for the Court of Appeal and the Superior Court of Justice in relation to the practice and procedure of those courts in all civil proceedings, except for proceedings in relation to which the Family Rules Committee may make rules under section 68. 2006, c. 21, Sched. A, s. 10 (1). Same (2) The Civil Rules Committee may make rules under subsection (1), even though they alter or conform to the substantive law, in relation to, (a) conduct of proceedings in the courts; (b) joinder of claims and parties, settlement of claims by or against persons under disability, whether or not a proceeding has been commenced in respect of the claim, the binding effect of orders and representation of parties; (c) commencement of proceedings, representation of parties and service of process in or outside Ontario; (d…

67 (1) The committee known as the Family Rules Committee is continued under the name Family Rules Committee in English and Comité des règles en matière de droit de la famille in French. R.S.O. 1990, c. C.43, s. 67 (1). Composition (2) The Family Rules Committee is composed of, (a) the Chief Justice of Ontario or another judge of the Court of Appeal designated by the Chief Justice; (b) the Associate Chief Justice of Ontario or another judge of the Court of Appeal designated by the Chief Justice of Ontario; (b.1) the Chief Justice of the Superior Court of Justice or another judge of that court designated by the Chief Justice; (b.2) the Associate Chief Justice of the Superior Court of Justice or another judge of that court designated by the Chief Justice of that court; (c) the Senior Judge of the Family Court; (d) the Chief Justice of the Ontario Court of Justice or another judge of that co…

68 (1) Subject to the approval of the Attorney General, the Family Rules Committee may make rules for the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice in relation to the practice and procedure of those courts in the proceedings referred to in the Schedule to section 21.8. 2006, c. 21, Sched. A, s. 12. Same (2) Subsections 66 (2), (3) and (5) apply with necessary modifications to the Family Rules Committee making rules under subsection (1). 2006, c. 21, Sched. A, s. 12. (3) Repealed: 2006, c. 21, Sched. A, s. 12. (4) Repealed: 2006, c. 19, Sched. D, s. 5 (2). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (18) - 19/04/1999; 1998, c. 20, Sched. A, s. 22 (13) - 19/04/1999 2000, c. 33, s. 20 - 14/05/2009 2006, c. 19, Sched. D, s. 5 (2) - 22/06/2006; 2006, c. 21, Sched. A, s. 12 - 19/10/2006 2009, c. 11, s. 20 - 14/05/2009 Civil, family rule…

68.1 (1) Subject to subsection (3), the Attorney General may make rules respecting any matter about which the Civil Rules Committee has authority to make rules under section 66, and may amend or revoke any rule made by the Civil Rules Committee under that section. 2024, c. 28, Sched. 4, s. 3. Family rules (2) Subject to subsection (3), the Attorney General may make rules respecting any matter about which the Family Rules Committee has authority to make rules under section 68, and may amend or revoke any rule made by the Family Rules Committee under that section. 2024, c. 28, Sched. 4, s. 3. Prior consultation (3) Before a rule may be made under subsection (1) or (2), the Attorney General shall consult with, (a) one or more of the Chief Justice of Ontario, the Chief Justice of the Superior Court of Justice and the Chief Justice of the Ontario Court of Justice, as the Attorney General cons…

69 (1) The committee known as the Criminal Rules Committee is continued under the name Criminal Rules Committee in English and Comité des règles en matière criminelle in French. R.S.O. 1990, c. C.43, s. 69 (1). Same (2) The Criminal Rules Committee shall be composed of, (a) the Chief Justice and Associate Chief Justice of Ontario, the Chief Justice and Associate Chief Justice of the Superior Court of Justice and the Chief Justice and associate chief justices of the Ontario Court of Justice; (b) one judge of the Court of Appeal, who shall be appointed by the Chief Justice of Ontario; (c) three judges of the Superior Court of Justice, who shall be appointed by the Chief Justice of the Superior Court of Justice; (d) four judges of the Ontario Court of Justice, who shall be appointed by the Chief Justice of the Ontario Court of Justice; (e) Repealed: 1994, c. 12, s. 23 (2). (f) the Attorney …

70 (1) At the request of the Court of Appeal, the Superior Court of Justice or the Ontario Court of Justice, the Criminal Rules Committee may prepare rules for the purposes of section 482 of the Criminal Code (Canada) for consideration by the relevant court. 1994, c. 12, s. 24; 1996, c. 25, s. 9 (17, 18). (2), (3) Repealed: 2017, c. 2, Sched. 2, s. 13. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 24 - 19/04/1999; 1996, c. 25, s. 9 (17, 18) - 19/04/1999; 1998, c. 4, s. 2 - 11/06/1998 2006, c. 21, Sched. A, s. 13 - 19/10/2006 2017, c. 2, Sched. 2, s. 13 - 22/03/2017

70.1 (1) Subject to subsection (2), the Attorney General may make rules in relation to the practice and procedure of the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice in proceedings under the Provincial Offences Act, including rules, (a) regulating any matters relating to the practice and procedure of proceedings under the Provincial Offences Act; (b) prescribing forms; (c) regulating the duties of the employees of the courts; (d) regulating the duties of municipal employees and other persons who act under the authority of agreements made under Part X of the Provincial Offences Act; (e) prescribing and regulating the procedures under any Act that confers jurisdiction under the Provincial Offences Act on the Ontario Court of Justice or a judge or justice of the peace sitting in it; (f) prescribing any matter relating to proceedings under the Provincial Of…

PART V ADMINISTRATION of the courts

71 The administration of the courts shall be carried on so as to, (a) maintain the independence of the judiciary as a separate branch of government; (b) recognize the respective roles and responsibilities of the Attorney General and the judiciary in the administration of justice; (c) encourage public access to the courts and public confidence in the administration of justice; (d) further the provision of high-quality services to the public; and (e) promote the efficient use of public resources. 2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. A, s. 14 - 01/10/2007

72 The Attorney General shall superintend all matters connected with the administration of the courts, other than the following: 1. Matters that are assigned by law to the judiciary, including authority to direct and supervise the sittings and the assignment of the judicial duties of the court. 2. Matters related to the education, conduct and discipline of judges and justices of the peace, which are governed by other provisions of this Act, the Justices of the Peace Act and Acts of the Parliament of Canada. 3. Matters assigned to the judiciary by a memorandum of understanding under section 77. 2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 25 (1, 3) - 28/02/1995; 1994, c. 12, s. 25 (2) - 01/11/2000; 1996, c. 25, s. 9 (17, 18, 20) - 19/04/1999; 1998, c. 20, Sched. A, s. 22 (14) - 19/04/1999 2006, c. 21, Sched. A, s. 14 - 01/10/2007 Court office…

73 (1) Registrars, sheriffs, court clerks, assessment officers and any other administrative officers and employees that are considered necessary for the administration of the courts in Ontario may be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 21, Sched. A, s. 14; 2006, c. 35, Sched. C, s. 20 (3); 2015, c. 27, Sched. 1, s. 1 (10). Assignment of powers, duties (2) The Deputy Attorney General or a person designated by the Deputy Attorney General may, in writing, assign to any person or class of persons a power or duty given to a registrar, sheriff, court clerk, bailiff, assessment officer, Small Claims Court referee or official examiner under an Act, regulation or rule of court, subject to any conditions or restrictions set out in the assignment. 2017, c. 2, Sched. 2, s. 15. Same (2.1) For greater certainty, a power or duty may be assigned to a person or c…