Authority over the judicial system in Canada is divided between Parliament and the provincial legislatures. In Ontario, the Courts of Justice Act is a key part of the legislative framework for Ontario courts. The act, among other matters, establishes the primary jurisdiction of each of the province’s 3 courts: the Court of Appeal for Ontario, the Superior Court of Justice, and the Ontario Court of Justice.
The Court of Appeal for Ontario
The Court of Appeal for Ontario is Ontario’s highest court. The court hears:
- appeals and motions for leave to appeal of final decisions of the Superior Court of Justice and the Ontario Court of Justice in relation to civil and family disputes
- criminal appeals of decisions of the Superior Court of Justice and the Ontario Court of Justice in relation to indictable offences
- appeals from inmates, including unrepresented inmates who are assisted by duty counsel (heard on alternate months in Kingston and heard monthly in Toronto)
- motions for leave to appeal and appeals from lower court appellate decisions in relation to summary convictions and provincial offences
- appeals of final decisions from the Ontario Review Board
- motions for leave to appeal and appeals of appellate decisions of the Superior Court of Justice Divisional Court
- single judge and panel motions brought in relation to appeals before the court
- matters remanded to the Court of Appeal for Ontario by the Supreme Court of Canada, and matters referred to the Court of Appeal by the Lieutenant Governor in Council or the Federal Minister of Justice
The Court of Appeal for Ontario is situated in downtown Toronto at Osgoode Hall. In December 2022, the Honourable Michael H. Tulloch was appointed as the new Chief Justice of Ontario and the President of the Court of Appeal for Ontario; the Associate Chief Justice of Ontario is the Honourable J. Michal Fairburn. The previous Chief Justice of Ontario was the Honourable George R. Strathy (retired as of August 31, 2022).
The Court of Appeal for Ontario is the last avenue of appeal for most Ontario litigants. Although the court’s decisions can be appealed to the Supreme Court of Canada, this usually requires leave of the court. The Supreme Court of Canada hears less than 3% of the cases that have already been heard by the Court of Appeal.
The Superior Court of Justice
The Superior Court of Justice hears civil, family and criminal matters, including:
- criminal prosecutions of indictable offences, including prosecutions involving young persons
- summary conviction appeals, including certiorari and 469 bail reviews, 90-day detention reviews, and bail reviews from the Ontario Court of Justice
- all civil proceedings (civil claims for $35,000 or less are dealt with in the Small Claims Court, a branch of the Superior Court of Justice)
- family law disputes involving divorce or property claims, child and spousal support, equalization of property and parenting claims
- in the 25 Unified Family Court locations, all family law cases, including child protection, adoption and enforcement proceedings
- certain family law, child protection and civil appeals
- the Divisional Court, which is a branch of the Superior Court of Justice, hears applications for judicial review and statutory appeals from decisions of provincial administrative tribunals, as well as family law, child protection and civil appeals
Ontario’s Superior Court of Justice sits in over 50 court locations, with its headquarters at Osgoode Hall in Toronto. Chief Justice Geoffrey B. Morawetz was appointed on June 27, 2019.
The Chief Justice of the Superior Court of Justice is supported by Associate Chief Justice Faye E. McWatt, who also oversees the Divisional Court and the Small Claims Court. Since 2017, there has been a provincially appointed Small Claims Court administrative judge who advises the chief justice on scheduling, assignment, and administration issues within the Small Claims Court. The current Small Claims Court administrative judge is Justice Laura Ntoukas.
The Chief Justice of the Superior Court of Justice has the statutory authority to direct and supervise the sittings of the court, as well as the assignment of judicial duties. These powers are delegated, subject to the direction of the chief justice, to 8 regional senior judges to exercise in their respective regions. In turn, the regional senior judges may designate local administrative or lead judges to assign and schedule cases at certain court sites. Senior Family Justice Suzanne M. Stevenson advises the chief justice on specific matters related to the Unified Family Court and performs other duties relating to family justice throughout the province, as assigned by the chief justice.
In addition to the judges of the Superior Court of Justice, there are also provincially appointed associate judges who hear and determine certain matters in civil cases, and deputy judges, who are senior lawyers appointed by the regional senior judge (with the approval of the Attorney General) to preside over proceedings in the Small Claims Court.
Ontario Court of Justice
The Ontario Court of Justice hears criminal, family, and Provincial Offences Act matters in more than 200 locations across the province. The Ontario Court of Justice’s judicial officers preside over the following:
- Criminal bail hearings, summary conviction prosecutions and preliminary hearings or trials for most indictable offences. For certain offences, an accused person can "elect' (or choose) to have a trial by a provincial court judge. All criminal cases against youth and adults are commenced in the Ontario Court of Justice and over 98 percent of these cases are completed in this court.
- Child protection applications, family law disputes involving custody, access and support, and adoption applications.
Provincial Offences Act prosecutions and some appeals.
Chief Justice Lise Maisonneuve of the Ontario Court of Justice was appointed on May 4, 2015 for a term of 8 years. Associate Chief Justice Aston J. Hall was appointed June 3, 2021, and Associate Chief Justice and Coordinator of Justices of the Peace Sharon M. Nicklas was appointed September 9, 2019, both for a term of 6 years. The associate chief justices provide support to the chief justice and have special delegated responsibilities in addition to those set out by statute.
There are several other positions that provide important leadership and support in their respective areas of the Ontario Court of Justice. Senior Advisory Family Judge Lise Parent was appointed April 16, 2019. Senior Advisory Justice of the Peace Lauren Scully was appointed December 1, 2019. On January 1, 2020, Justice of the Peace Jane Moffatt was appointed senior justice of the peace. On July 1, 2021, Justice of the Peace Wendy Agnew replaced Justice of the Peace Marcel Donio as senior Indigenous justice of the peace. These appointments are for a 3-year term with the possibility of renewal for another 3 years.
For the purposes of judicial administration, the Ontario Court of Justice has 7 regions, each of which has a regional senior judge and a regional senior justice of the peace. Local administrative judges and justices of the peace assist the regional senior judges and regional senior justices of the peace respectively.
