Ontario Court System – Comprehensive Study Notes (Canada-wide Context included)

Constitutional Framework

• Canada is a federal state with two levels of government.
• The Constitution grants the federal and provincial governments powers related to courts and the judiciary, but it does not establish the courts.
• Jurisdiction over the courts is governed by the Constitution Act, 1867.
• s.92: provincial power to administer civil and criminal justice in the province.
• s.101: federal power to operate the Supreme Court of Canada, the Federal Court, the Tax Court and military courts; also grants the federal government power to set up appeal courts.
• Power to create procedural law is provincial for civil matters and federal for criminal matters.
• s.96: federal government power to appoint judges in superior courts of each province and in the Supreme Court of Canada.
• s.92: provincial government can appoint judges in lower level courts.

Organization of the Courts

• Since Confederation, federal and provincial governments have used their constitutional powers to create three types of courts:
  • Inferior (lower) courts
  • Superior courts
  • The Supreme Court of Canada
• Aside from courts, administrative tribunals have been created to focus on specialized areas of law.

Can You Answer These Questions? (Sample Questions)

• Which of the following is a matter that would not be dealt with by the Supreme Court of Canada?

  • The trial of a person accused of murder
  • A reference from the federal government asking whether a proposed law would be deemed constitutional
  • An appeal from a Superior Court of Justice ruling on a family law matter
  • An appeal from the Ontario Court of Appeal, where the issues are considered to be of national concern

• Note: These slides present multiple-choice items for practice; answers depend on the specific jurisdictional rules described in class materials.

• Which of the following statements is true?

  • A judge of the Ontario Court of Justice is bound by an earlier decision of the Ontario Court of Appeal.
  • A judge of the Ontario Court of Justice is bound by an earlier decision of the Manitoba Court of Appeal.
  • A judge of the Superior Court of Justice is bound by an earlier decision of the Ontario Court of Justice.
  • All courts in Canada are bound by the decisions of the Supreme Court of Canada.

Canada’s Court System (Overview)

• Supreme Court of Canada is the apex court for Canada.
• Court Martial and Military Courts exist for disciplinary matters.
• Federal Court of Appeal hears appeals from the Federal Court, Tax Court, and certain federal tribunals, as well as applications for judicial review from some federal tribunals.
• Tax Court of Canada deals with federal tax and revenue legislation.
• Administrative Tribunals are quasi-judicial bodies handling specialized areas of law (e.g., immigration, human rights, employment insurance, workers’ compensation).
• The diagram of the system places the Supreme Court at the top, with provincial/territorial structures beneath and various federal courts interfacing with parliamentary statutes.

Organization of the Courts (Ontario focus)

• Ontario’s court structure mirrors the general Canadian framework with provincial specifics:
  • Court of Appeal for Ontario (highest in the province for civil/criminal appeals)
  • Superior Court of Justice (trial court of general jurisdiction; includes Divisional Court, Family Court of the Superior Court of Justice, Small Claims Court)
  • Ontario Court of Justice (trial court of limited jurisdiction)
  • Small Claims Court (civil up to a monetary limit)
• Ontario uses a statute (Courts of Justice Act) and its Regulations to prescribe how provincial courts are established and operate.
• Ontario’s court system is administered by provincial statutes and appointments are described for each level.

Structure of Ontario Courts

• Three levels of courts in Ontario:
  • Court of Appeal (highest court in the province)
  • Superior Court of Justice (trial court of general jurisdiction)
  • Ontario Court of Justice (trial court with limited jurisdiction)
• Venue decisions depend on:
  • Nature of the case (civil or criminal)
  • Monetary value in civil disputes
  • Type/nature of charge in criminal matters
  • Nature of the proceeding (trial or appeal)

Ontario Court Hierarchy and Appeals

• Court of Appeal for Ontario: highest court in the province; hears civil and criminal appeals from the Superior Court of Justice and Ontario Court of Justice; no trials at this level; located at Osgoode Hall, Toronto; judges appointed by the federal government; typically requires about ten years’ experience as a lawyer to qualify.
• Superior Court of Justice: trial court of general jurisdiction; judges appointed under s.96; has inherent jurisdiction; can hear any case unless statute specifies otherwise; administers three other courts: Divisional Court, Family Court of the Superior Court of Justice, Small Claims Court; 52 locations across Ontario.
• Ontario Court of Justice: a statutorily created court with limited jurisdiction; handles provincial offences (traffic court), bail hearings, search warrants; family law matters (excluding divorce or property issues); most cases heard by a judge or Justice of the Peace.
• Divisional Court: part of the Superior Court of Justice; deals with certain appeals and specific civil matters; hears reviews of government action and some judicial reviews.
• Family Court of the Superior Court of Justice: unified family court handling family law disputes; not in all locations; jurisdiction for divorce and property claims lies with the Superior Court; support and custody matters may be in either the Superior Court or Ontario Court of Justice; governed by Family Law Rules under the Courts of Justice Act.
• Small Claims Court: branch of the Superior Court of Justice; civil jurisdiction for monetary claims up to $35,000 (with changes to $50,000 as of Oct 1, 2025); judges can be Superior Court of Justice judges or Deputy Judges (part-time lawyers appointed with Attorney General approval); procedures are less formal; participants may be represented by paralegals or be unrepresented; procedure governed by the Rules of the Small Claims Court (regulation under the Courts of Justice Act).

Small Claims Court—Key Details

• Jurisdiction: civil up to $35,000 (and $50,000 as of Oct 1, 2025).
• Adjudicators: Superior Court of Justice judges or Deputy Judges; part-time lawyers appointed by the regional Senior Judge with AG approval.
• Process: less formal; paralegals common; rules governing procedure in Small Claims Court.

Court of Appeal for Ontario (OCA)

• Highest court in Ontario for civil and criminal appeals from the Superior Court of Justice and Ontario Court of Justice.
• Appeals heard usually by a panel of 3–5 judges; no trials occur at the OCA.
• Location: Osgoode Hall, Toronto.
• Judges appointed by the federal government; typically require substantial legal experience to qualify.
• Practical note: Ontario’s court system and appeals are accessible through ontariocourts.ca (official portal).

The Supreme Court of Canada (SCC)

• Highest court in Canada; located in Ottawa.
• Final court of appeal from all other Canadian courts; can hear references on important questions of law; does not conduct trials.
• Leave to appeal (permission) is usually required; leave granted if the case involves a question of public importance, an important issue of law, or is significant enough to be considered by the SCC.
• Right to appeal is automatic in certain criminal cases (appeal as of right) when: an indicted offence conviction with a dissent on law by a Court of Appeal judge, or a conviction following an acquittal on an indictable offence.
• References: cases initiated by the executive branch to obtain judicial opinions on important questions of law (e.g., constitutional validity or Charter issues).
  • Examples: Reference re Secession of Quebec, 1998 CanLII 793 (SCC), [1998] 2 SCR 217; Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 (CanLII).
• Composition and appointment:
  • Full panel is 9 judges; one is Chief Justice (appointed by the Prime Minister).
  • The remaining 8 are puisne judges.
  • Chief Justice by convention alternates between a francophone justice from Quebec and an anglophone justice from elsewhere in Canada.
  • The 2016 reform changed the appointment process:
  • Any qualified judge or lawyer may apply.
  • An advisory board reviews applications.
  • The Prime Minister selects from a shortlist of 3–5 applicants.
  • Parliament reviews selections; an all-party committee questions the nominee.

Federal Courts

• Federal Court (trial court): national trial court handling disputes arising in the federal domain, including claims against the Government of Canada, civil suits in federally regulated areas, and challenges to federal government decisions.
• Authority derives primarily from the Federal Courts Act.
• Federal Court of Appeal: hears appeals from the Federal Court, Tax Court of Canada, and certain federal tribunals, as well as applications for judicial review from certain other federal tribunals.

Tax Court of Canada

• Deals with federal tax and revenue legislation; disputes with the Canada Revenue Agency.
• Hears appeals from assessments under statutes including the Income Tax Act, Employment Insurance Act, Canada Pension Plan.
• Headquarters in Ottawa with branches in Montreal and Toronto.

Military Courts

• Deal with disciplinary offences by members of the Canadian Armed Forces (and civilians who accompany the forces on active service).
• The Court Martial Appeal Court of Canada hears appeals from military courts.
• Judges are selected from the Federal Court and provincial superior courts.
• Proceedings are heard by panels of three judges.

Administrative Tribunals

• Quasi-judicial bodies, not courts.
• Focus on specialized areas of law: immigration, human rights, employment insurance, workers’ compensation, etc.
• Adjudicate (hear evidence and render decisions) like courts but are not presided over by judges.
• Adjudicators are experts in the specific legal fields handled by the tribunal.
• Appointed by the government.
• Procedures are less formal than court proceedings.
• Created by statute; some by provincial law (e.g., liquor licensing) and some by federal law (e.g., immigration).

Adversarial System of Justice

• Overview: Criminal and civil cases are resolved through a contest between opposing sides.
• Independent examination of evidence presented by each party.
• Seen as the best method of uncovering the truth.
• Open Court Principle: judicial proceedings should be conducted in public (with exceptions).
• Purpose: ensures public confidence and acts as a check against injustices that could occur in closed proceedings.

Role of Courts and Judges

• The judge is the central figure in the courtroom.
• The judge determines the outcome after hearing evidence and legal submissions from the parties.
• The decision is based on accepted legal principles.
• The judge must assess whether there is enough evidence to prove guilt (criminal) or liability (civil).
• The judge is the trier of law (interpreting and applying the law) and, if there is no jury, the trier of fact (deciding credibility and weight of evidence).
• The judge decides compensation (civil) or punishment (criminal).
• The judge oversees the proceedings, maintains order, and ensures trials run smoothly and efficiently.
• Litigants must follow procedural and evidentiary rules; judges have some latitude in courtroom conduct.

Judicial Independence

• The judiciary must be independent from other branches of government.
• Individual judges must be independent from government and from each other.
• Independence ensures judges can assess evidence, apply the law, and decide outcomes without political or personal interference.
• It ensures fair, impartial treatment and public confidence in judicial results.
• See statements from Ontario’s Chief Justices on judicial independence (as referenced in the slides).
• Three aspects of judicial independence:
  • Security of tenure: judges should not lose position due to unpopular rulings.
  • Administrative independence: judges run the courts, not external parties.
  • Financial security: adequate pay to minimize temptations to bribe.

Burden and Standard of Proof

• Burden of proof: obligation to prove a disputed fact, assertion, or defence; the party making the claim bears the burden.
• Civil trial (burden of proof): the plaintiff must prove all elements; if the defendant raises defences, the defendant bears the burden to prove those defences.
• Standard of proof in civil trials: balance of probabilities (more likely than not).
  • Formal expression: the plaintiff must prove liability if P(liability) > 0.5.
  • Represented as: P( ext{liability}) > 0.5
• Standard of proof in criminal trials: the Crown must prove guilt beyond a reasonable doubt.
  • If the accused raises a defence, the burden can shift to the accused to prove it on a balance of probabilities.
  • Charter-related arguments follow balance of probabilities when relevant.
• There can be no reasonable doubt in the mind of a reasonable trier of fact for a criminal conviction.

After Verdict

• Civil matters: if found liable, remedies include damages, equitable remedies, and costs.
• Criminal matters: if found guilty, sentence is determined.
• If parties believe the verdict or sentence is wrong, there are remedies (appeals, etc.).

Precedent and Legal Reasoning

• Understanding and applying court rulings to new cases involves:
  • Jurisdiction: authority to decide the issue.
  • Binding authority: decisions that must be followed within the same jurisdiction.
  • Precedent and Stare Decisis: higher court decisions bind lower courts in similar circumstances.
  • Distinction between binding authority and persuasive authority.
• In Canadian law, citations and legal research require italicizing style of cause and names of statutes/regulations.

Appeals and Appellate Process

• Appeals are rarely automatic.
• An appeal court does not reconduct a trial or hear witnesses; it is not a new trial.
• Appeals do not normally admit new evidence unless it would affect the outcome and was not discovered earlier.
• An appeal court reviews trial transcripts and arguments and renders a decision.

Functions of Courts (Statutory Interpretation, Division of Powers, Charter)

• Courts interpret legislation: when laws are unclear, courts determine legislative intent and apply it to cases using rules of statutory interpretation.
• Courts resolve disputes between different levels of government under the Constitution Act:
  • Division of powers between federal and provincial levels.
  • If legislation exceeds the powers granted by the Constitution Act (ultra vires), courts will strike it down.
  • If both levels share concurrent power, the court may determine which legislation prevails (paramount) and strike down the other as necessary.
• Courts address disputes between individuals and government/government agencies; Charter rights issues are central since 1982:
  • Courts can strike down laws that offend the Charter.
  • If a person’s Charter rights are infringed, courts can provide an appropriate remedy.
  • Courts can exercise judicial review of decisions by government agencies, boards, or commissions.

Citations and Research Practice

• In legal research, case and statute citations are important; italicize the style of cause and statute names in formal writing.

Additional Notes (Miscellaneous

• The next slides note additional information that may be covered if time allows.
  -Ontario Courts portal: ontariocourts.ca provides access to Court of Appeal for Ontario, Superior Court of Justice, and Ontario Court of Justice, with English and French options.
• The Supreme Court of Canada’s composition and appointment process (as of 2016 reforms) emphasizes transparency, with an advisory board, shortlisted candidates, parliamentary review, and an all-party committee questioning the nominee.
• Discussion prompts on judicial independence include questions about election vs. appointment of judges and related political debates (e.g., public discussions involving political figures about the judiciary).
• There is a distinction between criminal and civil standards, and how Charter arguments may influence these standards in specific contexts.

References to Key Concepts and Terms

• Constitutional Act, 1867
• s. 92, s. 96, s. 101
• Court of Appeal for Ontario (OCA)
• Superior Court of Justice (Ontario)
• Divisional Court
• Ontario Court of Justice (OCJ)
• Small Claims Court (Ontario)
• Family Court of the Superior Court of Justice
• Court Martial / Military Courts
• Federal Court of Canada
• Federal Court of Appeal
• Tax Court of Canada
• Administrative Tribunals
• Adversarial System
• Open Court Principle
• Precedent, binding authority, persuasive authority
• Leave to appeal / appeal as of right
• References (SCC references)
• Deputy Judges in Small Claims Court
• Chief Justice of Canada (and convention regarding language and geography)
• Rules of the Courts of Justice Act and related regulations

Note: The slides include practice questions, definitions, and organizational diagrams intended to reinforce understanding of Canada’s court system, including Ontario’s specific structure, the role and independence of judges, and the appellate process. If you want, I can format these notes into a printable PDF or extract only specific sections for targeted study.