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

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Courts of Justice Act

R.S.O. 1990, CHAPTER C.43

Consolidation Period: From January 1, 2020 to the e-Laws currency date.

Last amendment: 2019, c. 7, Sched. 15.

CONTENTS

Definitions

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.

Application to other Acts

(2) This section applies to all other Acts affecting or relating to the courts and the administration of justice. 2006, c. 21, Sched. F, s. 106.

Section Amendments with date in force (d/m/y)

1993, c. 27, Sched. - 31/12/1991

2006, c. 21, Sched. A, s. 1 - 01/10/2007; 2006, c. 21, Sched. F, s. 106 - 25/07/2007

References to former names of courts

In English

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

2017, c. 20, Sched. 11, s. 7.

In French

(2) A reference in the French 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

2017, c. 20, Sched. 11, s. 7.

Newer references to Ontario Court of Justice

(3) Subsections (1) and (2) do not apply to references to the Ontario Court of Justice enacted or made on or after April 19, 1999. 2017, c. 20, Sched. 11, s. 7.

Section Amendments with date in force (d/m/y)

1996, c. 25, s. 9 (1) - 19/04/1999

2017, c. 20, Sched. 11, s. 7 - 14/11/2017

PART I
COURT OF APPEAL FOR ONTARIO

Court of Appeal

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.

Composition of court

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 elected under the Judges Act (Canada) to hold office only as a supernumerary judge of the court. R.S.O. 1990, c. C.43, s. 3.

Assignment of judges from Superior Court of Justice

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

Powers and duties of Chief Justice

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.

Court of Appeal jurisdiction

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 an order referred to in clause 19 (1) (a) or 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.

Combining of appeals from other courts

(2) The Court of Appeal has jurisdiction to hear and determine an appeal that lies to the Divisional Court or the Superior Court of Justice if an appeal in the same proceeding lies to and is taken to the Court of Appeal. R.S.O. 1990, c. C.43, s. 6 (2); 1996, c. 25, s. 9 (17).

Same

(3) The Court of Appeal may, on motion, transfer an appeal that has already been commenced in the Divisional Court or the Superior Court of Justice to the Court of Appeal for the purpose of subsection (2). R.S.O. 1990, c. C.43, s. 6 (3); 1996, c. 25, s. 9 (17).

Section Amendments with date in force (d/m/y)

1994, c. 12, s. 1 - 28/02/1995; 1996, c. 25, s. 9 (17) - 19/04/1999

2015, c. 23, s. 1 - 03/11/2015

Composition of court

Hearings

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.

References to Court of Appeal

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 Legislature. R.S.O. 1990, c. C.43, s. 8 (4).

Notice

(5) The court may direct that any person interested, or any one or more persons as representatives of a class of persons interested, be notified of the hearing and be entitled to make submissions to the court. R.S.O. 1990, c. C.43, s. 8 (5).

Appointment of counsel

(6) If an interest affected is not represented by counsel, the court may request counsel to argue on behalf of the interest and the reasonable expenses of counsel shall be paid by the Minister of Finance. R.S.O. 1990, c. C.43, s. 8 (6); 2006, c. 21, Sched. A, s. 2.

Appeal

(7) The opinion of the court shall be deemed to be a judgment of the court and an appeal lies from it as from a judgment in an action. R.S.O. 1990, c. C.43, s. 8 (7).

Section Amendments with date in force (d/m/y)

2006, c. 21, Sched. A, s. 2 - 19/10/2006

Meeting of judges

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...

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