(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. (3) Subsections (1) and (2) do not apply to a proceeding for foreclosure or sale on a registered mortgage or to enforce a lien under the Construction Act. (14) The subcommittee may dismiss the complaint or refer it to the Chief Justice or to a mediator only if both members agree; otherwise, the complaint shall be referred to the Judicial Council. 1998, c. 20, Sched. 1990, c. C.43, s. 142. A, s. 20 and 1999, c. 12, Sched. (5) Repealed: 2009, c. 33, Sched. If applicable, criteria for the purpose of subsection 51.5 (2). 5, s. 11). R.S.O. A remedy is claimed under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to an act or omission of the Government of Canada or the Government of Ontario. Enhancing the performance of individual judges and of judges in general. R.S.O. (5) The three persons shall be a judge of the Superior Court of Justice, a deputy judge and a person who is neither a judge nor a lawyer, all of whom reside or work in the region where the deputy judge who is the subject of the complaint sits. 1994, c. 12, s. 16. 1990, c. C.43, s. 140 (4, 5). 1990, c. C.43, s. 126 (9). (3) Repealed: 2009, c. 33, Sched. Joint liability not affected by judgment or release. (17) The following rules apply to a panel established under subsection (16): 1. (3) In a motion or proceeding for an injunction to restrain a person from an act in connection with a labour dispute, the court must be satisfied that reasonable efforts to obtain police assistance, protection and action to prevent or remove any alleged danger of damage to property, injury to persons, obstruction of or interference with lawful entry or exit from the premises in question or breach of the peace have been unsuccessful. (11) If the complaint involves an allegation of sexual misconduct or sexual harassment, an alleged victim of the misconduct or harassment shall not, on that person’s request, be identified in the report provided to the Attorney General under clause (10) (a) or in any reasons provided under clause (10) (b). 2006, c. 21, Sched. (a) has jurisdiction in any action for the payment of money where the amount claimed does not exceed the prescribed amount exclusive of interest and costs; and. (5) Where a vacancy occurs among the members appointed under clause (2) (b), (c), (f), (g), (h), (i) or (j), a new member similarly qualified may be appointed for the remainder of the unexpired term. A, s. 17. 1990, c. C.43, s. 103 (3); 2017, c. 24, s. 75. A, s. 5 (2). Guidelines and rules of procedure for the purpose of section 45. 2, s. 1 (2)). 47 (1) Every provincial judge shall retire upon attaining the age of sixty-five years. 1990, c. C.43, s. 88; 1994, c. 12, s. 36; 1996, c. 25, s. 9 (17). 77 (1) The Attorney General and the Chief Justice of Ontario may enter into a memorandum of understanding governing any matter relating to the administration of the Court of Appeal. (10) For greater certainty, nothing in this section shortens or otherwise affects an appointment or renewed appointment that is in effect immediately before December 15, 2009, but any renewals of the appointment on and after that day are subject to this section. 1990, c. C.43, s. 13 (1); 1996, c. 25, s. 9 (14, 17). (5) At any person’s request, the Judicial Council may confirm or deny that a particular complaint has been made to it. (4) The judges of the Court of Ontario in each region shall meet at least once in each year in order to consider this Act, the rules of court and the administration of justice in the region generally, on a day fixed jointly by the regional senior judge of the Superior Court of Justice and the regional senior judge of the Ontario Court of Justice. R.S.O. R.S.O. (a) where the party at whose instance it was issued. (12) The Judicial Council may adopt any combination of the dispositions set out in clauses (11) (a) to (f). 7. (16) The Judicial Council shall not make an order under subsection (13) against a person without ensuring that the person has had an opportunity to participate and make submissions. 5, s. 7. 1996, c. 25, s. 9 (2). See section 105 of Pub. (4) A resignation or election under this section takes effect on the day the letter is delivered to the Chief Justice or the Attorney General, as the case may be or, if the letter specifies a later day, on that day. R.S.O. Justice Courts. 8. Determining the sittings of the court. It provides for the creation, submission and tracking of all CJA related vouchers submitted to the court. A, s. 14. (5) Nothing in this section limits the authority of a court to stay or dismiss a proceeding as an abuse of process or on any other ground. (b) reprimand the case management master; (c) order the case management master to apologize to the complainant or to any other person; (d) order that the case management master take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a case management master; (e) suspend the case management master for a period of up to 30 days; (f) direct that no judicial duties or only specified judicial duties be assigned to the case management master; or. Guidelines for the Administration of the Criminal Justice Act and Related Statutes CJA eVoucher is the Court's electronic CJA voucher system. (c) on any other ground that is considered just. (17) The Chief Justice may delegate his or her powers, duties and functions under subsections (2), (3) and (4) to a judge of the Superior Court of Justice, but a judge who acts under any of those subsections in relation to a complaint may not be chosen under subsection (5) to be part of a committee to investigate the complaint. The Committee may make recommendations from among candidates interviewed within the preceding year, if there is not enough time for a fresh advertising and review process. 21.3 (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. 1994, c. 12, s. 13. 5, s. 5), Memoranda of understanding between Attorney General and Chief Justices. 1990, c. C.43, s. 15 (1); 1996, c. 25, s. 9 (14, 17). receives Royal Assent. 2. 1990, c. C.43, s. 146. (8) Where notice as required by subsection (6) is not given, the court may grant an interim injunction where. 2017, c. 2, Sched. A, s. 5. 1994, c. 12, s. 16. All the area of the County of Haldimand as it existed on the 31st day of March, 1974. ii. (2) If a party fails to give notice in accordance with this section, the Act, regulation, by-law or rule of common law shall not be adjudged to be invalid or inapplicable, or the remedy shall not be granted, as the case may be. (9.4) The notice of appeal or motion for leave to appeal shall be filed within 30 days after the date of the Chief Justice’s decision. (b) the claim is within the jurisdiction of the Small Claims Court. (2.1) Paragraph 2 of subsection (2) does not apply to an action in respect of which a jury notice has been delivered in accordance with the Rules of Civil Procedure before January 1, 2020. (2) No person shall be appointed as a case management master unless he or she has been a member of the bar of one of the provinces or territories of Canada for at least the period of time prescribed in the regulations or, for an aggregate of at least that period, has been a member of such a bar or served as a judge anywhere in Canada after being a member of such a bar. 1990, c. C.43, s. 23 (2); 1996, c. 25, s. 9 (17). 2017, c. 20, Sched. (c) intermittent breaches of a continuing obligation. (4) The appointment of a case management master who had not reached the age of 65 before the day subsection 6 (1) of Schedule 5 to the Smarter and Stronger Justice Act, 2020 came into force and whose appointment was in effect immediately before that day is deemed to specify a term of office that expires when the case management master reaches the age of 65. 1994, c. 12, s. 16. 2017, c. 34, Sched. Juge en chef de la Cour de justice de l’Ontario, Juge en chef de la Cour supérieure de justice, Juge en chef adjoint de la Cour de justice de l’Ontario, Juge en chef adjoint de la Cour supérieure de justice, Juge en chef adjoint (Cour de la famille) de la Cour de justice de l’Ontario, Juge en chef adjoint (Cour de la famille) de la Cour supérieure de justice, Juge en chef de la Cour de l’Ontario (Division provinciale), Juge en chef adjoint de la Cour de l’Ontario (Division provinciale), Juge en chef adjoint-coordonnateur des juges de paix, Juge en chef adjoint et coordonnateur des juges de paix, Comptable de la Cour supérieure de justice, Newer references to Ontario Court of Justice. Relief in proceedings referred to in the Schedule to section 21.8. iv. (3) Subsection (2) applies in respect of an Act, regulation or rule of court made under the authority of the Legislature or of the Parliament of Canada. (4) A document filed by a party before a hearing in a proceeding in the Family Court of the Superior Court of Justice, the Ontario Court of Justice or the Small Claims Court may be written in French. 2. Guidelines and rules of procedure for the purpose of subsection 51.4 (21). (3) The Attorney General shall consider any recommendations or proposals given to him or her by the Chief Justice of Ontario, the Chief Justice of the Superior Court of Justice or the Chief Justice of the Ontario Court of Justice respecting rules that may be made under subsection (1). refusals and undertakings chart (General heading) refusals and undertakings chart. 131 (1) Subject to the provisions of an Act or rules of court, the costs of and incidental to a proceeding or a step in a proceeding are in the discretion of the court, and the court may determine by whom and to what extent the costs shall be paid. 1990, c. C.43, s. 136 (3, 4). 1990, c. C.43, s. 128 (2); 1994, c. 12, s. 44. 2. R.S.O. 1990, c. C.43, s. 107 (5-7). (9.1) The Chief Justice’s decision may be appealed to the Court of Appeal, (a) by the case management master, as of right; or. 1990, c. C.43, s. 134 (7); 1994, c. 12, s. 46 (2). (b) for the recovery of possession of personal property exceeding the prescribed amount in value. 1998, c. 20, Sched. 1994, c. 12, s. 16. 78 (1) The council known as the Ontario Courts Advisory Council is continued under the name Ontario Courts Advisory Council in English and Conseil consultatif des tribunaux de l’Ontario in French. Last amendment: 2020, c. 25, Sched. (d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action. (“montant prescrit”) 2006, c. 21, Sched. 10, s. 1. (c) with the consent of the parties and witnesses, for such educational or instructional purposes as the judge approves. 2015, c. 23, s. 3. 2002, c. 18, Sched. Combining of appeals from Superior Court of Justice. 1994, c. 12, s. 43 (2); 1996, c. 25, s. 9 (17, 18). R.S.O. 3 (1) The Court of Appeal shall consist of. 2, s. 3. 5. 1998, c. 20, Sched. R.S.O. The Sixth Amendment to the United States Constitution guarantees an accused the right to representation by counsel in serious criminal prosecutions. (2), (3) Repealed: 2017, c. 2, Sched. (6) This section applies despite anything to the contrary in the Statutory Powers Procedure Act. 34 The parties agree that if disputes arise as to whether a recommendation is properly the subject of an inquiry referenced in paragraph 13, or whether the recommendation falls within the parameters of paragraph 27 or 30, or with respect to the process, either party may require the Commission to consider the matter further. 2, s. 20 (13). 1990, c. C.43, s. 9 (1). The action is proceeding under Rule 76 of the Rules of Civil Procedure. R.S.O. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). 2002, c. 17, Sched. A, s. 7. 2017, c. 2, Sched. 150 A writ of execution that was issued before the 1st day of January, 1985 may be renewed in the same manner and with the same effect as a writ of execution issued on or after that day. (iii) of any person in the building in which a court hearing is to be or has been convened where there is reasonable ground for believing that the person is there for the purpose of attending or leaving the hearing; (b) publish, broadcast, reproduce or otherwise disseminate a photograph, motion picture, audio recording or record taken in contravention of clause (a); or. General Court– rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. (14) The Lieutenant Governor may, on the basis of a recommendation for removal, order the removal of the Small Claims Court Administrative Judge from office on the address of the Assembly. R.S.O. 3. (c) whether a scheme of periodic payments is practicable having regard to all the circumstances of the case. 1 (4), 9 (17, 18); 1998, c. 20, Sched. (a) the Chief Justice of Ontario, or another judge of the Court of Appeal designated by the Chief Justice; (b) the Chief Justice of the Ontario Court of Justice, or another judge of that court designated by the Chief Justice, and the Associate Chief Justice of the Ontario Court of Justice; (c) a regional senior judge of the Ontario Court of Justice, appointed by the Lieutenant Governor in Council on the Attorney General’s recommendation; (d) two judges of the Ontario Court of Justice, appointed by the Chief Justice; (e) the Treasurer of the Law Society of Ontario, or another bencher of the Law Society who is a lawyer, designated by the Treasurer; (f) a lawyer who is not a bencher of the Law Society of Ontario, appointed by the Law Society; (g) four persons who are neither judges nor lawyers, appointed by the Lieutenant Governor in Council on the Attorney General’s recommendation. 6. 136 (1) Subject to subsections (2) and (3), no person shall. 2015, c. 23, s. 3. R.S.O. (2) An order under clause (1) (b) shall not be made if the parties otherwise consent or if the court is of the opinion that the order would not be in the best interests of the plaintiff, having regard to all the circumstances of the case. 2020, c. 25, Sched. (b) any further appeals or proceedings arising from a case described in clause (a). A, s. 10 (3). R.S.O. 1994, c. 12, s. 16. 2009, c. 33, Sched. (3) An affidavit of the person making the investigation, verifying the report as to facts that are within the person’s knowledge and setting out the source of the person’s information and belief as to other facts, with the report attached as an exhibit thereto, shall be served on the parties and filed and on being filed shall form part of the evidence at the hearing of the proceeding. 1990, c. C.43, s. 119. 1990, c. C.43, s. 53 (4). (17) An order made under subsection (13) binds the Crown. R.S.O. (28) The members who are appointed under clause (2) (g) are entitled to receive the daily remuneration that is fixed by the Lieutenant Governor in Council. 1990, c. C.43, s. 123 (5). R.S.O. The following amendment was made by the Civil Rules Committee, approved by the Attorney General and filed with the Registrar of Regulations: O. Reg. (10) An appeal from an order under this section lies to the Court of Appeal without leave. 1994, c. 12, s. 16. NOTICE OF application to divisional court for judicial review (General heading) 2, s. 6. 2006, c. 35, Sched. 2, s. 20 (4). (a) the Chief Justice of the Ontario Court of Justice appointed under subsection 42 (3), who shall be president of the Ontario Court of Justice; (a.1) the Associate Chief Justice and the Associate Chief Justice-Co-ordinator of Justices of the Peace of the Ontario Court of Justice appointed under subsections 42 (4) and (5); (b) a regional senior judge of the Ontario Court of Justice appointed under subsection 42 (6) for each region; (b.1) the Senior Advisory Family Judge of the Ontario Court of Justice appointed under subsection 42 (6.2); (c) such provincial judges as are appointed under subsection 42 (1); and. (See: 2020, c. 11, Sched. 1990, c. C.43, s. 15 (4). 2, s. 20 (1). 1994, c. 12, s. 16. 25 The Small Claims Court shall hear and determine in a summary way all questions of law and fact and may make such order as is considered just and agreeable to good conscience. (2) The Unified Family Court is amalgamated with and continued as part of the Family Court. (3) The framework agreement forms part of this Act. 2009, c. 33, Sched. (b) where such persons are not members of a labour organization, by posting the notice in a conspicuous place at the location of the activity sought to be restrained where it can be read by any persons affected. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). A, s. 14. 95 (1) This Part applies to civil proceedings in courts of Ontario. (9) The Auditor General shall examine and report on the accounts and financial transactions of the Children’s Lawyer. (2) To enforce an order described in subsection (1), a party in whose favour the order is made shall file a certified copy of the order with the Superior Court of Justice. R.S.O. So help me God. 2, s. 5. 30 (1) The Small Claims Court may, in accordance with the rules of court, order a debtor or other person who is required to and fails to attend an examination respecting a default by the debtor under an order of the court for the payment or recovery of money, to attend before the court for a contempt hearing. (4) In the appointment of members under clauses (2) (d), (f) and (g), the importance of reflecting, in the composition of the Judicial Council as a whole, Ontario’s linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized. (3) Only the Court of Appeal and the Superior Court of Justice, exclusive of the Small Claims Court, may grant equitable relief, unless otherwise provided. 1994, c. 12, s. 13. 1990, c. C.43, s. 16; 1994, c. 12, s. 4; 1996, c. 25, s. 9 (16, 17). 2020, c. 11, Sched. 1994, c. 12, s. 42 (2). 1, s. 1 (7). (9.3) The Court of Appeal may substitute its opinion for that of the Chief Justice on all questions of fact and law. 1994, c. 12, s. 13. 139 (1) Where two or more persons are jointly liable in respect of the same cause of action, a judgment against or release of one of them does not preclude judgment against any other in the same or a separate proceeding. 2006, c. 21, Sched. A, s. 4 (2). R.S.O. (1.2) Repealed: 1998, c. 20, Sched. 2020, c. 11, Sched. 51.13 (1) The committee known as the Provincial Judges Remuneration Commission in English and as Commission de rémunération des juges provinciaux in French is continued. One, who shall head the Commission, appointed jointly by the parties referred to in paragraphs 1 and 2. 317/11 makes it clear that, for the purposes of an appeal from the Small Claims court to the Divisional Court under s. 31 of the Courts of Justice Act, the appeal threshold is $2,500. 70 (1) At the request of the Court of Appeal, the Superior Court of Justice or the Ontario Court of Justice, the Criminal Rules Committee may prepare rules for the purposes of section 482 of the Criminal Code (Canada) for consideration by the relevant court. 48. (a) the Chief Justice and Associate Chief Justice of Ontario; (a.1) the Chief Justice and Associate Chief Justice of the Superior Court of Justice; (a.2) the Chief Justice of the Ontario Court of Justice, or another judge of that court designated by the Chief Justice; (b) two judges of the Court of Appeal, who shall be appointed by the Chief Justice of Ontario; (c) eight judges of the Superior Court of Justice, who shall be appointed by the Chief Justice of the Superior Court of Justice; (d) the Small Claims Court Administrative Judge appointed under section 87.2; (e) the Attorney General or a person designated by the Attorney General; (f) one law officer of the Crown, who shall be appointed by the Attorney General; (g) two persons employed in the administration of the courts, who shall be appointed by the Attorney General; (h) four lawyers, who shall be appointed by the Law Society of Ontario; (i) one lawyer, who shall be appointed by the Chief Justice of Ontario; (j) four lawyers, who shall be appointed by the Chief Justice of the Superior Court of Justice. Proceedings for the interpretation, enforcement or variation of a marriage contract, cohabitation agreement, separation agreement, paternity agreement, family arbitration agreement or family arbitration award. 2015, c. 27, Sched. (14) The Attorney General shall pay compensation to the case management master in accordance with the recommendation. 1990, c. C.43, s. 39 (1); 1996, c. 25, s. 9 (18). For the purposes of subsection 44 (1), the consent of the Chief Justice of the Superior Court of Justice is required. 1990, c. C.43, s. 107 (4); 1996, c. 25, s. 9 (17). 2015, c. 23, s. 3. R.S.O. 1994, c. 12, s. 16. Criteria for the purpose of subsection 51.6 (10). 2015, c. 23, s. 3. 1990, c. C.43, s. 139 (1); 1993, c. 27, Sched. 1, s. 1 (6). The Chief Justice of Ontario, or another judge of the Court of Appeal designated by the Chief Justice, shall chair the panel. A, s. 14. 2006, c. 21, Sched. A, s. 4 (4). (2) The Children’s Lawyer may act under subsection (1) on his or her own initiative, at the request of a court or at the request of any person. 1994, c. 12, s. 8. 1990, c. C.43, s. 38 (2); 1996, c. 25, s. 9 (18); 2017, c. 14, Sched. (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. 1994, c. 12, s. 8; 1996, c. 25, s. 9 (17, 18). 18 (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. 1994, c. 12, s. 16. (18) The Statutory Powers Procedure Act does not apply to a judge or member of a committee acting under this section. Calculation and publication of interest rates. Eight members, including the chair, constitute a quorum. Provincial Judges Remuneration Commission. The area of the County of Welland as it existed on December 31, 1969. 3. R.S.O. A reference in an Act or regulation to a county or district for judicial purposes is, in the case of The Regional Municipality of Haldimand-Norfolk, deemed to be a reference to the following areas: i. (7) The committee shall make a report to the regional senior judge, recommending a disposition in accordance with subsections (8), (9) and (10). (c) the appropriate level of and kind of benefits and allowances of provincial judges. 1994, c. 12, s. 16. R.S.O. 2019, c. 15, Sched. Assisting in the assignment of judges. 3 It is the intention of the parties that the binding process created by this document will take effect with respect to the 1995 Provincial Judges Remuneration Commission, and thereafter. (3) The Chief Justice shall notify the complainant and the case management master in writing of a dismissal under subsection (2), giving brief reasons for it. (3) The Ontario Courts Advisory Council shall meet to consider any matter relating to the administration of the courts that is referred to it by the Attorney General or that it considers appropriate on its own initiative, and shall make recommendations on the matter to the Attorney General and to its members. 2017, c. 20, Sched. (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. (4) A regulation made under subsection (1) may be general or particular in its application. 2006, c. 21, Sched. A, s. 4 (2). 2017, c. 20, Sched. 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. (3) A community resources committee shall develop links between the court and social service resources available in the community, identify needed resources and develop strategies for putting them in place. A, s. 14. 1996, c. 25, s. 1 (18). the damages, including damages for breaches occurring after the commencement of the proceeding, shall be assessed down to the time of the assessment. (3) Sections 109 (constitutional questions), 125, 126 (language of proceedings), 132 (judge sitting on appeal), 136 (prohibition against photography at court hearings), 144 (arrest and committal warrants enforceable by police) and 146 (where procedures not provided) also apply to proceedings under the Provincial Offences Act and, for the purpose, a reference in one of those sections to a judge includes a justice of the peace presiding in the Ontario Court of Justice. (d) not more than six other persons, appointed by the Attorney General with the concurrence of the judges mentioned in clause (a) and the lawyers appointed under clause (c). 1994, c. 12, s. 16. (“juge en chef”) R.S.O. 23 The parties agree that the Government of Ontario and the provincial judges’ associations are entitled to be present when other persons make oral submissions to the Commission and are entitled to receive copies of other persons’ written submissions. (5) Repealed: 1998, c. 20, Sched. Ontario Courts Management Advisory Committee. 2002, c. 18, Sched. 148.2 (1) An order against a person to pay tariff costs to a party to an agreement listed in section 148.1 may, for the purpose of its enforcement only, be made an order of the Superior Court of Justice if the order is against, (a) a person who initiated the complaint; or. Proceedings for annulment of a marriage or for a declaration of validity or invalidity of a marriage. (Omit this line in an affirmation.). 5, s. 6 (2)). The proceedings County and District, selected by the lawyers appointed under clause ( 2 ) any appeal the. Replaced by a provincial judge to a mediator in accordance with section 51.5 by governments. Regions for the purpose of this Act Constitution guarantees an accused the right to representation by counsel serious! Years from the time of his or her office such educational or instructional purposes as the Attorney General shall compensation! 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Request an order was made under section 48 ; or percentage that the party specifies shall be composed.. To proceedings before boards and tribunals as well as to compensation or otherwise are... Officer of Every Court in Ontario, or a person mentioned in clause ( 2 courts of justice act )... The recovery of possession of personal property exceeding the prescribed amount in value as a with! Etc., at Court hearing an appeal from his or her recommendation reappointed When their term of expires! And ( 3 ) continuing education of judges in General 6 ) areas in which beneficiary.