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The absence of indicia of SLAPP does not preclude the application of s.137.1 of the Courts of Justice Act, RSO 1990, c C.43.

Ontario

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Canada

Definitions1 (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 not to include associate judge(1.1) A reference made to a judge under this Act does not include a reference to an associate judge. 2021, c. 4, Sched. 3, 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.References to former names of courtsIn English1.1 (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.TABLEColumn 1Former names and titlesColumn 2New names and titlesOntario Court of JusticeCourt of OntarioOntario Court (General Division)Superior Court of JusticeOntario Court (Provincial Division)Ontario Court of JusticeChief Justice of the Ontario Court of JusticeChief Justice of the Superior Court of JusticeAssociate Chief Justice of the Ontario Court of JusticeAssociate Chief Justice of the Superior Court of JusticeAssociate Chief Justice (Family Court) of the Ontario Court of JusticeAssociate Chief Justice (Family Court) of the Superior Court of JusticeChief Judge of the Ontario Court (Provincial Division)Chief Justice of the Ontario Court of JusticeAssociate Chief Judge of the Ontario Court (Provincial Division)Associate Chief Justice of the Ontario Court of JusticeAssociate Chief Judge-Co-ordinator of Justices of the PeaceAssociate Chief Justice Co-ordinator of Justices of the PeaceAccountant of the Ontario CourtAccountant of the Superior Court of Justice2017, 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.TABLEColumn 1Former names and titlesColumn 2New names and titlesCour de justice de l’OntarioCour de l’OntarioCour de l’Ontario (Division générale)Cour supérieure de justiceCour de l’Ontario (Division provinciale)Cour de justice de l’OntarioJuge en chef de la Cour de justice de l’OntarioJuge en chef de la Cour supérieure de justiceJuge en chef adjoint de la Cour de justice de l’OntarioJuge en chef adjoint de la Cour supérieure de justiceJuge en chef adjoint (Cour de la famille) de la Cour de justice de l’OntarioJuge en chef adjoint (Cour de la famille) de la Cour supérieure de justiceJuge en chef de la Cour de l’Ontario (Division provinciale)Juge en chef de la Cour de justice de l’OntarioJuge en chef adjoint de la Cour de l’Ontario (Division provinciale)Juge en chef adjoint de la Cour de justice de l’OntarioJuge en chef adjoint-coordonnateur des juges de paixJuge en chef adjoint et coordonnateur des juges de paixComptable de la Cour de l’OntarioComptable de la Cour supérieure de justice2017, 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.PART ICOURT OF APPEAL FOR ONTARIOCourt of Appeal2 (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 court3 (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 Justice4 (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).Powers and duties of Chief Justice5 (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 jurisdiction6 (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 the Divisional Court on an appeal under Part V or VIII of the Child, Youth and Family Services Act, 2017. 2020, c. 25, Sched. 2, s. 1 (2); 2021, c. 34, Sched. 4, s. 1.Leave required for second appeal(1.1) Despite clause (1) (b), a final order of a judge of the Superior Court of Justice made on a first appeal from an order described in subsection (1.2) may be appealed to the Court of Appeal only with leave from the Court of Appeal, as provided in the rules of court. 2020, c. 25, Sched. 2, s. 1 (3).Same(1.2) The orders mentioned in subsection (1.1) are orders of the Ontario Court of Justice under any of the following statutes or statutory provisions:1. The Change of Name Act.2. The Children’s Law Reform Act, except sections 59 and 60.3. Section 6 of the Marriage Act. 2020, c. 25, Sched. 2, s. 1 (3).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).Transition(4) This section, as it read immediately before the day subsection 1 (1) of Schedule 2 to the Moving Ontario Family Law Forward Act, 2020 came into force, continues to apply to,(a) any case in which a notice of appeal was filed before that day; and(b) any further appeals or proceedings arising from a case described in clause (a). 2020, c. 25, Sched. 2, s. 1 (4).Composition of courtHearings7 (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 Appeal8 (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).Meeting of judges9 (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).PART IICOURT OF ONTARIOCourt of Ontario10 (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).Superior Court of JusticeSuperior Court of Justice11 (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).Composition of Superior Court of Justice12 (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 regional senior judges of the Superior Court of Justice who have elected under the Judges Act (Canada) to perform only the duties of a judge of the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 12 (2); 1996, c. 25, s. 9 (14, 17).Supernumerary judges(3) There shall be such additional offices of supernumerary judge of the Superior Court of Justice as are from time to time required, to be held by judges of the Superior Court of Justice who have elected under the Judges Act (Canada) to hold office only as a supernumerary judge of that court. R.S.O. 1990, c. C.43, s. 12 (3); 1996, c. 25, s. 9 (15, 17).Assignment of judges from Court of Appeal13 (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).Chief Justice, Associate Chief Justice and regional senior judges of Superior Court of Justice; Senior Judge of Family CourtPowers and duties of Chief Justice14 (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 unable to act, his or her powers and duties shall be exercised and performed by the Associate Chief Justice of the Superior Court of Justice. 1998, c. 20, Sched. A, s. 22 (3).Senior Judge of Family Court(5) The Senior Judge of the Family Court shall,(a) advise the Chief Justice of the Superior Court of Justice with regard to,(i) the education of judges sitting in the Family Court,(ii) practice and procedure, including mediation, in the Family Court,(iii) the expansion of the Family Court, and(iv) the expenditure of funds budgeted for the Family Court;(b) meet from time to time with the community liaison committees and community resources committees established under sections 21.13 and 21.14; and(c) perform other duties relating to the Family Court assigned to the Senior Judge of the Family Court by the Chief Justice. 1998, c. 20, Sched. A, s. 22 (3).Small Claims Court Administrative Judge(5.1) The Chief Justice of the Superior Court of Justice may delegate to the Small Claims Court Administrative Judge appointed under section 87.2 his or her powers and duties under subsection (1) in respect of the Small Claims Court, subject to such conditions or restrictions as he or she may specify. 2017, c. 2, Sched. 2, s. 1.Absence of regional senior judge or Senior Judge of Family Court(6) The powers and duties of a regional senior judge of the Superior Court of Justice and the Senior Judge of the Family Court when he or she is absent from Ontario or is for any reason unable to act shall be exercised and performed by a judge of the Superior Court of Justice designated by the Chief Justice of the Superior Court of Justice. 1998, c. 20, Sched. A, s. 22 (3).Meetings with Associate Chief Justice, regional senior judges and Senior Judge of Family Court(7) The Chief Justice of the Superior Court of Justice may hold meetings with the Associate Chief Justice, the regional senior judges and the Senior Judge of the Family Court in order to consider any matters concerning sittings of the Superior Court of Justice and the assignment of its judicial duties. 1998, c. 20, Sched. A, s. 22 (3); 2015, c. 27, Sched. 1, s. 1 (1).Judges assigned to regions15 (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 assignment of a judge to a location anywhere in Ontario. R.S.O. 1990, c. C.43, s. 15 (4).Composition of court for hearings16 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).Appeals to Superior Court of Justice17 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).Divisional CourtDivisional Court18 (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).Divisional Court jurisdiction19 (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 to orders made under section 137.1. 2015, c. 23, s. 2.Same(1.1) If the notice of appeal is filed before October 1, 2007, clause (1) (a) applies in respect of a final order,(a) for a single payment of not more than $25,000, exclusive of costs;(b) for periodic payments that amount to not more than $25,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order;(c) dismissing a claim for an amount that is not more than the amount set out in clause (a) or (b); or(d) dismissing a claim for an amount that is more than the amount set out in clause (a) or (b) and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than the amount set out in clause (a) or (b). 2006, c. 21, Sched. A, s. 3; 2009, c. 33, Sched. 2, s. 20 (2).Same(1.2) If the notice of appeal is filed on or after October 1, 2007, clause (1) (a) applies in respect of a final order,(a) for a single payment of not more than $50,000, exclusive of costs;(b) for periodic payments that amount to not more than $50,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order;(c) dismissing a claim for an amount that is not more than the amount set out in clause (a) or (b); or(d) dismissing a claim for an amount that is more than the amount set out in clause (a) or (b) and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than the amount set out in clause (a) or (b). 2006, c. 21, Sched. A, s. 3; 2009, c. 33, Sched. 2, s. 20 (3).Combining of appeals from Superior Court of Justice(2) The Divisional Court has jurisdiction to hear and determine an appeal that lies to the Superior Court of Justice if an appeal in the same proceeding lies to and is taken to the Divisional Court. R.S.O. 1990, c. C.43, s. 19 (2); 1996, c. 25, s. 9 (17).Same(3) The Divisional Court may, on motion, transfer an appeal that has already been commenced in the Superior Court of Justice to the Divisional Court for the purpose of subsection (2). R.S.O. 1990, c. C.43, s. 19 (3); 1996, c. 25, s. 9 (17).Appeal from interlocutory orders(4) No appeal lies from an interlocutory order of a judge of the Superior Court of Justice made on an appeal from an interlocutory order of the Ontario Court of Justice. R.S.O. 1990, c. C.43, s. 19 (4); 1996, c. 25, s. 9 (17, 18).Transition(5) This section, as it read immediately before the day subsection 2 (1) of Schedule 2 to the Moving Ontario Family Law Forward Act, 2020 came into force, continues to apply to,(a) any case in which a notice of appeal was filed before that day; and(b) any further appeals or proceedings arising from a case described in clause (a). 2020, c. 25, Sched. 2, s. 2 (2).Place for hearingAppeals20 (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).Composition of court for hearings21 (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 that the Chief Justice of the Superior Court of Justice or a judge designated by the Chief Justice is satisfied, from the nature of the issues involved and the necessity for expedition, can and ought to be heard and determined by one judge. R.S.O. 1990, c. C.43, s. 21 (2); 1996, c. 25, s. 9 (14); 2017, c. 2, Sched. 2, s. 2.Same, motions(3) A motion in the Divisional Court shall be heard and determined by one judge, unless otherwise provided by the rules of court. R.S.O. 1990, c. C.43, s. 21 (3).Same(4) A judge assigned to hear and determine a motion may adjourn it to a panel of the Divisional Court. R.S.O. 1990, c. C.43, s. 21 (4).Same(5) A panel of the Divisional Court 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. 21 (5).Family CourtFamily Court21.1 (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.Composition of Family Court21.2 (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 held by judges referred to in clauses (1) (d) and (e) who have elected under the Judges Act (Canada) to hold office only as supernumerary judges. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (17).Jurisdiction of judges(3) Every judge of the Superior Court of Justice is also a judge of the Family Court. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (17).Temporary assignments(4) The Chief Justice of the Superior Court of Justice may, from time to time, temporarily assign a judge referred to in clause (1) (d) or (e) to hear matters outside the jurisdiction of the Family Court. 1998, c. 20, Sched. A, s. 22 (4).(5) Repealed: 1998, c. 20, Sched. A, s. 4 (2).(6) Repealed: 1998, c. 20, Sched. A, s. 4 (2).Transitional measure21.3 (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).21.4 Repealed: 1998, c. 20, Sched. A, s. 5.21.5 Repealed: 1998, c. 20, Sched. A, s. 5.21.6 Repealed: 1998, c. 20, Sched. A, s. 5.Composition of court for hearings21.7 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).Proceedings in Family Court21.8 (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 determined in the court that would have had jurisdiction if the proceeding had been commenced in that part of Ontario. 1994, c. 12, s. 8.SCHEDULE1. Proceedings under the following statutory provisions:Change of Name ActChild, Youth and Family Services Act, 2017, Parts V, VII and VIIIChildren’s Law Reform Act, except sections 59 and 60Civil Marriage Act (Canada)Divorce Act (Canada)Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada)Family Law Act, except Part VFamily Responsibility and Support Arrears Enforcement Act, 1996Interjurisdictional Support Orders Act, 2002Marriage Act, section 6.2. Proceedings for the interp

April 14, 2022
Blair v. Ford, 2021 ONCA 841