The Superior Court of Justice (French: Cour supérieure de justice ) is a superior court in Ontario . The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges.
31-676: In 1999, the Superior Court of Justice was renamed from the Ontario Court (General Division). The Superior Court is one of two divisions of the Court of Ontario . The other division is the lower court, the Ontario Court of Justice . The Superior Court has three specialized branches: Divisional Court, Small Claims Court, and Family Court. The Superior Court has inherent jurisdiction over civil, criminal, and family law matters at common law . Although
62-598: A Master is fixed by provincial statute and the rules of court. Masters are appointed by the provincial government. As a result, while Masters sit in a superior court, they do not have the "inherent jurisdiction" of the judges of those courts, who are appointed by the federal government and whose authority is derived from the Constitution of Canada and the Crown. Their jurisdiction is usually limited to procedural and Interlocutory matters heard in chambers . Consequently, though of
93-492: A higher title: hence, a High Court Judge who is a Master of the Bench will be known in his or her Inn as "Master Smith", in private life as Sir John Smith, and on the bench as Mr Justice Smith; likewise a law lord will be known in the inn as "Master Woolf" even if he is privately and professionally known by the peerage title of "Lord Woolf". The High Court 's Registrar, Senior Deputy Registrars and Deputy Registrars serve as Masters of
124-727: A judge. Associate judges are appointed and paid by the provincial government. Associate judges have existed in the courts of Ontario since 1837. Bracebridge Cobourg Durham Lindsay Newmarket Peterborough Cayuga Hamilton Hamilton Family Court Kitchener Simcoe St. Catharines Welland Guelph Milton Orangeville Owen Sound Walkerton Brockville Cornwall Kingston Kingston Family Court L’Orignal Ottawa Napanee Pembroke Perth Picton Gore Bay Haileybury North Bay Parry Sound Sault Ste. Marie Sudbury Timmins Kenora Thunder Bay Goderich London Sarnia St. Thomas Stratford Windsor Woodstock Court of Ontario The Court of Ontario
155-609: A matter within her or his jurisdiction, the decision of the master has the same effect as a decision of a Justice of the High Court within the division of the court to which the master is appointed. The role of a master in the High Court of Justice of England and Wales is concerned primarily with trial and case management of High Court civil claims in London excluding committals to prison, judicial review and criminal cases. There are masters in
186-634: A period of three years by the Regional Senior Justice to hear such cases. As result of court reform, no new full-time judges have been appointed by the provincial government to preside in Small Claims Court. Proceedings in the Small Claims Court are governed by a codified set of rules contained in O. Reg. 258/98 (as amended), the Rules of the Small Claims Court , instead of the complex Ontario Rules of Civil Procedure . In those areas of Ontario where
217-479: Is a judge of limited jurisdiction in the superior courts of England and Wales and in numerous other jurisdictions based on the common law tradition. A master's jurisdiction is generally confined to civil proceedings and is a subset of that of a superior court judge or justice. Masters are typically involved in hearing specialized types of trials, case management, and in some jurisdictions dispute resolution or adjudication of specific issues referred by judges. Besides
248-601: Is based on that of England. The office of master is of ancient origins dating from at least the 12th century, though masters in Chancery were abolished in the 19th century and a new office of Chancery Master was recreated later. There are masters in the Chancery and King's Bench Divisions of the High Court of Justice and the Senior Courts Costs Office of the High Court. The Senior Master of the King's Bench Division also bears
279-498: Is headed by a Regional Senior judge who exercises the powers and performs the duties of the Chief justice in that region. There are also provincially appointed judicial officers who exercise certain functions in the superior court. These include associate judges, assessment officers and registrars. Effective September 2021, Case Management Masters are referred to as "associate judges". They are provincially appointed judicial officers with
310-600: Is part of the Queen's Bench division of the English High Court of Justice , and hears certain appeals. The Small Claims Court has jurisdiction in civil matters where the amount in issue does not exceed $ 35,000.00 per party exclusive of interest and costs. The monetary jurisdiction of this court is fixed by regulation, rising to the current limit from $ 10,000 on January 1, 2010. The majority of Small Claims Court matters are heard by deputy judges, lawyers who have been appointed for
341-508: Is similar to that of the master. In some countries, the office of master has been renamed to Associate Judge. To date, this has occurred in several Australian States, in New Zealand and in the Canadian province of Ontario. In England and Wales a master is a judge in the Chancery and King's Bench Divisions of the High Court exercising jurisdiction in civil matters. When the master presides over
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#1732844704757372-558: Is the formal legal title describing the combination of both Ontario trial courts — the Superior Court of Justice and the Ontario Court of Justice . As a result of amendments to Ontario's Courts of Justice Act that came into effect in 1999, the Court of Ontario is the continuation of the court previously known as the "Ontario Court of Justice". Although the Superior Court of Justice and Ontario Court of Justice are formally divisions of
403-574: Is to perform tasks that would otherwise fall to superior court judges. Besides the jurisdiction to hear most interlocutory motions in civil matters, associate judges in Ontario also preside at status hearings, case conferences and pre-trials. They frequently act as referees to hear trials in construction lien matters, mortgage references or issues referred by judges. Associate judges also provide dispute resolution services and sit as Registrars in Bankruptcy. In
434-703: The Supreme Court of British Columbia , Court of King's Bench of Alberta , and the Court of King's Bench of Manitoba . There are part-time taxing masters in the Supreme Court of Newfoundland and Labrador . There is a similar office of prothonotary in the Supreme Court of Prince Edward Island and in the Federal Court. In September 2021, the Ontario Superior Court of Justice changed the title of "case management master" to "associate judge". The jurisdiction of
465-518: The Chief Justice of the Superior Court of Justice, who is president of the court, and such other judges of the Superior Court as the Chief Justice designates from time to time. Hearings take place before a panel of three judges except in the case of appeals from the Small Claims Court which take place before a single judge. The Divisional Court is a descendant of the court of the same name in England , which
496-614: The Chief Justice of the Superior Court, the Associate Chief Justice of the Superior Court, eight Regional Senior Judges, the Senior Judge of the Family Court, and a total of 218 federally appointed judges. In addition, there are a number of supernumerary judges appointed as required from time to time. The Chief Justice is responsible for the sittings of the Court and assigning judicial duties, as well as other matters relating to
527-468: The Court has inherent jurisdiction, the authority of the Court has been entrenched in the Canadian Constitution. The Superior Court of Justice has a Commercial List which was established 1991 to look after "complex commercial litigation" in its Civil Division , a Criminal Division , as well as three other branches: The Divisional Court hears appeals from some judgments and orders of judges of
558-474: The Court of Ontario, the two courts have different rules, powers and jurisdictions, and their judges are appointed by different levels of government. In practice, the Superior Court of Justice and the Ontario Court of Justice operate as separate courts, but under the legislation, they are formally divisions of the Court of Ontario. This article about Canadian law is a stub . You can help Misplaced Pages by expanding it . Master (judiciary) A master
589-518: The Family Court branch of the Superior Court of Justice does not exist, jurisdiction over family law disputes is divided between the Superior Court of Justice and the Ontario Court of Justice. Cases which have divorce or property claims are brought exclusively in the Superior Court, and child protection and adoption cases must be commenced solely in the Ontario Court of Justice. Each of these two courts has jurisdiction over child and spousal support, as well as custody and access claims. In those places where
620-513: The Family Court branch of the Superior Court of Justice has been established, there is no divided jurisdiction in family law matters. The Family Court succeeds what was known as the Unified Family Court, which began as a pilot project in Hamilton , in 1977. It has complete jurisdiction over all family law matters in its area, including those matters currently within the jurisdiction of judges of
651-615: The High Court in civil cases in the court's Court of First Instance. Under the Court Officers Act 1926, the Master of the High Court and taxing masters are not judges but rather " quasi-judicial office holders". In Canada the structure of the court system is primarily a provincial responsibility pursuant to s. 92 (14) of the Constitution Act, 1867 and the superior courts of the provinces have different names. Masters are found in
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#1732844704757682-486: The King's Bench Division, Chancery Division and the Senior Courts Costs Office (Taxing Masters/Costs Judges) and their roles differ slightly. Such a person is addressed in court as Judge. In all other forms of correspondence, they should be addressed as 'Master Smith' whether the master is male or female. A similar type of master exists in the Court system of Northern Ireland , in several Canadian and Australian jurisdictions as well as in other countries whose court system
713-532: The Provincial Division and the General Division. The Family Court is presided over by a Senior Judge of the Superior Court for the Family Court. The Family Court consists of the Chief Justice of the Superior Court, the Associate Chief Justice (Family Court) the Senior Judge of the Family Court, and any other Superior Court Judge as assigned by the Chief Justice or designate. The Superior Court consists of
744-434: The Superior Court of Justice and reviews or hears appeals from decisions of administrative tribunals. It hears all appeals from a final order of the Superior Court where the award does not exceed $ 50,000.00. The Divisional Court also hears appeals from Small Claims Court judgments exceeding $ 2,500.00 (there is no statutory right of appeal from a Small Claims Court judgment of less than $ 2,500.00). The Divisional Court consists of
775-470: The authority of traditional masters as well as additional jurisdiction to manage actions and engage in dispute resolution processes. They are appointed by Order in Council and can only be removed for cause by the Chief Justice following a formal disciplinary process. In Ontario the distinction between "chambers" and "court" has been abolished. When associate judges preside they sit as the court and their function
806-498: The authority to hear and determine certain matters in civil cases, including motions, pre-trials, and case conferences. Associate judges also adjudicate construction lien trials, mortgage and general references, provide dispute resolution services, and serve as registrars in bankruptcy under the Bankruptcy and Insolvency Act . Orders made by associate judges have the same force and effect as judges' orders although they may be appealed to
837-557: The courts of England and Wales, masters may be found in the Republic of Ireland , Australia, New Zealand, Hong Kong, several Caribbean countries and a number of Canadian provinces . Several state courts in the United States utilize masters or similar officers and also make extensive use of special masters . In some jurisdictions such as the Federal Court in Canada the office of Prothonotary
868-405: The full level of security of tenure afforded to federally appointed judges. In Alberta, British Columbia and Manitoba, masters have the same terms of appointment as provincial judges. This was formerly the case in Ontario as well but after the High Court of Justice and District Courts were merged, in 1986 a new office of Case Management Master was created. In Ontario, associate judges have all of
899-498: The governance and administration of the Court. The Associate Chief Justice, eight Regional Senior Judges, and the Senior Judge of the Family Court form the Executive of the Court, which provides advice to the Chief Justice on policy and governance. Together, the Chief Justice and the members of the Executive work to ensure the proper administration of the Court. Ontario is divided into eight regions for judicial administration. Each region
930-627: The superior court, Masters are concurrently subordinate to the judges of that court insofar as application of judicial precedent is concerned. Masters commonly also sit as Registrars in Bankruptcy. In the Federal Court of Canada, a judicial officer with much the same powers as a Master was formerly called a Prothonotary , but is now called Associate Judge. Traditionally a Master is referred to as "Master Smith" or, in court, as "Master". In some jurisdictions, Masters or associate judges are now referred to as "your honour". Masters and Prothonotaries are independent judicial officers although they do not have
961-536: The title of King's Remembrancer which is the oldest continuous judicial office in England. In the Inns of Court , the members of the governing body are known as "Masters of the Bench" or, more commonly, "benchers". In the context of the functions they perform in that capacity (but not otherwise) they will be known as, for example, "Master Smith" (whether they are male or female). This will be so even if in other contexts they use