Origins of the Superior Court of Justice

The origins of the Superior Court of Justice can be traced back to the 1790s, when what is now Ontario was known as Upper Canada. At that time, the court system was based on English common law and modelled after the English system. By the 1830s, Upper Canada had a fully-functioning judicial system including superior, county and district courts, a court of equity (called the Court of Chancery), and a small claims court (called Division Court).

This system underwent several reforms until, in 1881, the Ontario Judicature Act consolidated the practice of law and equity, merging the Courts of Queen’s Bench, Common Pleas, and Chancery to form the Supreme Court of Judicature for Ontario, later renamed the Supreme Court of Ontario in 1913.

Common Law & Equity Courts Merged

The common law and equity courts were merged in 1881 under the Ontario Judicature Act to create the new Supreme Court of Ontario with two branches: the High Court of Justice and the Court of Appeal, the latter of which was reconstituted in 1931 as the Court of Appeal for Ontario.

More recent milestones include the creation of the Divisional Court, which was added to the Supreme Court of Ontario in 1970, and the establishment of a province-wide District Court combining district and county courts and general sessions courts in 1985.

Courts of Justice Act

The current framework for Ontario’s court structure was implemented through the Courts of Justice Act. The Act was substantially rewritten in 1989 to implement reforms designed to make the court system more accessible. In particular, the Courts of Justice Amendment Act, 1989 created a single superior trial court, merging the High Court of Justice, District Court, and Surrogate Court into the Ontario Court (General Division). It also continued the Divisional Court and Small Claims Court as branches of the General Division, while regulations enacted thereunder established the eight judicial regions into which the court is currently divided for administrative purposes.

Courts of Justice Act Amendment

The Courts of Justice Amendment Act, 1989 created one large superior trial court when the High Court of Justice of Ontario merged with the District Court and the Surrogate Court. This new superior trial court was called the Ontario Court (General Division). The former provincial court continued on as the Ontario Court (Provincial Division). The Small Claims Court and the Divisional Court were continued as branches of the General Division. The court reform legislation also regionalized the administration of the courts by creating eight judicial regions for the General Division.

Establishing the Family Court

In 1994, the Courts of Justice Statute Law Amendment Act established the Family Court as a branch of the Ontario Court (General Division). Originally a pilot project established in 1977, the Family Court consolidated federal and provincial jurisdiction over family law, thereby allowing all family matters to be heard in a single court. For this reason, Family Court, which currently exists in 25 of the Court’s locations, is also known as Unified Family Court.

Changes to the Superior Court

The name of the Ontario Court (General Division) was changed to the Superior Court of Justice in April 1999 when the Courts Improvement Act, 1996 came into force.

Beyond its seminal history, today’s Superior Court of Justice in Ontario holds a place of major importance in the Canadian judicial system. The Court presides in 52 locations across the province, and is the largest superior trial court in the country, both in the volume of cases and the number of judges. All Superior Court judges are appointed by the federal government and derive their inherent jurisdiction from their appointments under section 96 of the Constitution Act. With jurisdiction over criminal, civil, and family matters, the Superior Court of Justice is integral to delivering justice to all Ontarians.