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. Among other matters, the Act establishes the primary jurisdiction of each of the province’s 3 courts: the Court of Appeal for Ontario (COA), the Superior Court of Justice (SCJ) and the Ontario Court of Justice (OCJ).
The Court of Appeal for Ontario
The Court of Appeal for Ontario (COA) is Ontario’s highest court. The court hears:
- appeals and motions for leave to appeal of most final decisions of the SCJ and the OCJ in relation to civil and family disputes
- criminal appeals of decisions of the SCJ and the OCJ 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 intermediate 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 decisions of the Divisional Court branch of the SCJ
- matters remanded to the COA for Ontario by the Supreme Court of Canada, and matters referred to the COA by the Lieutenant Governor in Council or the Federal Minister of Justice
The COA 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 COA 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 COA 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 latter court. The Supreme Court of Canada hears less than 3 percent of the cases that have already been heard by the COA.
The Superior Court of Justice
The Superior Court of Justice (SCJ) hears civil, family, and criminal matters, including the following:
- criminal prosecutions of indictable offences, typically the most serious criminal offences
- summary conviction appeals, applications for extraordinary remedies, including certiorari, bail reviews and mandatory detention reviews
- civil proceedings, including all civil actions with a value over $35,000, class proceedings, bankruptcy proceedings, probate applications and estates litigation proceedings
- family law disputes involving divorce or property claims, child and spousal support, equalization of property and parenting claims
- in the 25 Unified Family Court (UFC) locations, all family law cases, including child protection, adoption and enforcement proceedings
- certain family law, child protection and civil appeals
- in addition, tribunal and OCJ orders may be filed with the SCJ and enforced through the enforcement office (Sheriff)
The SCJ has three specialized branches:
- UFC (as mentioned above)
- Divisional Court, which hears:
- applications for judicial review
- certain statutory appeals from decisions of provincial administrative tribunals
- certain family law, child protection and civil appeals
- Small Claims Court, which hears:
- actions where the claim is for money or recovery of possession of personal property valued up to $35,000
- tribunal and OCJ orders valued up to $35,000, which may be filed and enforced through the Small Claims Court
Ontario’s SCJ sits in over 50 court locations across the province, with its headquarters at Osgoode Hall in Toronto.
The Chief Justice of the SCJ, Geoffrey B. Morawetz, was appointed on June 27, 2019.
The chief justice of the SCJ is supported by Associate Chief Justice Faye E. McWatt. As well as performing statutory responsibilities, the associate chief justice performs duties assigned by the chief justice, including oversight of the Divisional Court and the Small Claims Court. Since 2017, there has been a provincially appointed Small Claims Court administrative judge. The current Small Claims Court administrative judge is Justice Laura Ntoukas.
The senior family judge provides advice to the chief justice on matters pertaining to the family Court and performs other duties relating to family justice throughout the province, as assigned by the chief justice.
Senior Family Justice Suzanne M. Stevenson is the current senior family judge and deals with matters related to the Unified Family Court. In addition to statutory responsibilities under various federal and provincial laws, the chief justice of the SCJ 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.
In addition to the judges of the SCJ, there are provincially appointed associate judges (formerly known as case management masters), who hear and determine certain steps in civil cases. There are also 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.
The Ontario Court of Justice
The Ontario Court of Justice (OCJ) hears criminal, family and POA matters in more than 200 locations across the province.
The OCJ’s judicial officers preside over:
- 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 OCJ and approximately 95% of these cases are completed in this court
- child protection applications, family law disputes involving parenting and support but not involving divorce and adoption applications
- POA prosecutions and some appeals
Chief Justice Lise Maisonneuve of the OCJ was appointed on May 4, 2015 for a term of eight years, set to expire on May 31, 2023. 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 2, 2019, both for a term of six 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 OCJ. Senior Advisory Family Judge Sheilagh O’Connell was appointed January 1, 2023 (replacing Justice Lise Parent). 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 three-year term with the possibility of renewal for another three years.
For the purposes of judicial administration, the OCJ 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.
Most POA prosecutions, as well as prosecutions under the federal Contraventions Act and municipal bylaws, are conducted at municipally administered locations of the OCJ. Between 1998 and 2002, the Attorney General executed 52 POA Transfer Agreements with 68 municipalities, known as “municipal partners.” These agreements, which cover the entirety of the province, provide for courts administration in respect of these prosecutions.
