A, s. 4 (2). R.S.O. (8) Where a juror dies or is discharged, the judge may direct that the trial proceed with five jurors, in which case the verdict or answers to questions must be unanimous. (d) the regional senior judges of the Superior Court of Justice and of the Ontario Court of Justice. 2, s. 1 (1)). 1990, c. C.43, s. 102 (2). The Chief Justice of the Ontario Court of Justice shall determine which judge is to be replaced and the Chief Justice of the Superior Court of Justice shall designate the master who is to replace the judge. Guidelines for the Administration of the Criminal Justice Act and Related Statutes CJA eVoucher is the Court's electronic CJA voucher system. Justice Courts. (3) Nothing in subsection (1) or (2) authorizes the making of rules that conflict with an Act, but rules may be made under subsection (1) supplementing the provisions of an Act in respect of practice and procedure. 1998, c. 20, Sched. 2020, c. 11, Sched. 2, s. 6. 1994, c. 12, s. 8. 2015, c. 23, s. 3. 5, s. 5), Memoranda of understanding between Attorney General and Chief Justices. The Sixth Amendment to the United States Constitution guarantees an accused the right to representation by counsel in serious criminal prosecutions. 1994, c. 12, s. 16. 1994, c. 12, s. 16. Court of Justice– deals with requests for preliminary rulings from national courts, certain actions for annulment and appeals. 1994, c. 12, s. 16. 1 (18), 9 (14). 2, s. 20 (8). 2006, c. 21, Sched. (b) for the recovery of possession of personal property exceeding the prescribed amount in value. (d) the parameters set by any joint working committees established by the parties. 21.9.1 A statutory provision referred to in the Schedule to section 21.8 or in section 21.12 that provides for appeals from decisions of the Ontario Court of Justice to the Superior Court of Justice shall be deemed to provide for appeals from decisions of the Family Court to the Divisional Court. 1994, c. 12, s. 8. 1998, c. 20, Sched. (16) The subcommittee shall report to the Judicial Council, without identifying the complainant or the judge who is the subject of the complaint, its disposition of any complaint that is dismissed or referred to the Chief Justice or to a mediator. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). All the area in the County of Haliburton. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 86.1 (5) of the Act is repealed. R.S.O. (2) The Deputy Attorney General or a person designated by the Deputy Attorney General may, in writing, assign to any person or class of persons a power or duty given to a registrar, sheriff, court clerk, bailiff, assessment officer, Small Claims Court referee or official examiner under an Act, regulation or rule of court, subject to any conditions or restrictions set out in the assignment. (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. A, s. 18. Oral evidence given in English or French at an examination out of court shall be received, recorded and transcribed in the language in which it is given. (3) In the appointment of members under clause (2) (e), the importance of reflecting, in the composition of the Council as a whole, Ontario’s linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized. (9) The recommendation shall be made to the regional senior judge appointed for the region to which the judge is assigned, unless that regional senior judge is a member of the Judicial Council, in which case the recommendation shall be made to another regional senior judge. (2) Subsection (1) does not apply to a proceeding under the Criminal Code (Canada) or the Provincial Offences Act. (d)(1), is, with qualifications, 120 days after Nov. 14, 1986. 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. 1996, c. 25, s. 1 (18). Case management masters. (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. (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. (2) No person shall be appointed as Children’s Lawyer unless he or she has been a member of the bar of one of the provinces or territories of Canada for at least ten years or, for an aggregate of at least ten years, has been a member of such a bar or served as a judge anywhere in Canada after being a member of such a bar. 4. 1, s. 1 (10). (4) The motion shall be made to a judge of the Superior Court of Justice. 2017, c. 2, Sched. 5, s. 6 (1)), (a) the case management master has resigned under section 48; or. (3) A stay of a tribunal proceeding under subsection (1) remains in effect until the motion, including any appeal of the motion, has been finally disposed of, subject to subsection (4). R.S.O. 2017, c. 34, Sched. 85 The Lieutenant Governor in Council may make regulations respecting the form of the gown to be worn in court by all judges appointed after the 1st day of September, 1990. R.S.O. 2006, c. 21, Sched. (18) The Judicial Council shall consider, in private, every complaint referred to it by the subcommittee, and may, (c) refer the complaint to the Chief Justice, with or without imposing conditions as referred to in subsection (15); or. 1996, c. 25, s. 1 (18). (7) Where some substantial wrong or miscarriage of justice has occurred but it affects only part of an order or decision or some of the parties, a new trial may be ordered in respect of only that part or those parties. (b) judgment may be entered in accordance with the verdict or the answers to the questions. R.S.O. Smarter and Stronger Justice Act, 2020 comes into force, the Court shall, under subsection (12.1), also consider whether the case management master should be compensated for all or part of his or her costs for legal services incurred in connection with the steps taken under this section in relation to the complaint. “prescribed amount” means $250,000 or such greater amount as may be prescribed by regulation, calculated as a present value at the time of judgment in accordance with the Rules of Civil Procedure. 1998, c. 20, Sched. (5) Where the Attorney General of Canada or the Attorney General of Ontario makes submissions under subsection (4), he or she shall be deemed to be a party to the proceeding for the purpose of any appeal in respect of the constitutional question. R.S.O. (3) If the order includes an amount for past pecuniary loss, the interest calculated under subsection (1) shall be calculated on the total past pecuniary loss at the end of each six-month period and at the date of the order. (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. 2017, c. 2, Sched. (3) Without limiting the generality of subsection (2), the criteria must ensure that complaints are excluded from the mediation process in the following circumstances: 1. (a) have a question of law or fact in common; (b) claim relief arising out of the same transaction or occurrence or series of transactions or occurrences; or. (3) Where a judge has commenced a hearing together with other judges and, (b) is for any reason unable to participate in the giving of the decision; or. (5) The three persons shall be a judge of the Superior Court of Justice, a case management master and a person who is neither a judge nor a lawyer. (2) An application under Part III of the Children’s Law Reform Act in respect of a child who ordinarily resides in a part of Ontario where the Family Court has jurisdiction may be commenced in the Family Court in that part of Ontario. 10 (1) The Ontario Court of Justice is continued under the name Court of Ontario in English and Cour de l’Ontario in French. (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. (3) A community liaison committee shall consider matters affecting the general operations of the court in the municipality and make recommendations to the appropriate authorities. Advisory on COVID-19 and Court Operations Chief Justice Tani Cantil-Sakauye issued an advisory to court leaders stating no new statewide emergency order is being made at this time in response to the latest COVID-19 surge because local courts need flexibility as they face different impacts, and have different capacities and resources. (4) Each of the members of the Criminal Rules Committee appointed under clauses (2) (b), (c), (d), (e), (g), (h), (i), (j), (k), (l) and (m) shall hold office for a period of three years and is eligible for reappointment. (16) The Chief Justice may delegate his or her powers, duties and functions under this section to the Associate Chief Justice of the Superior Court of Justice, a regional senior judge of the Superior Court of Justice, or the Senior Judge of the Family Court. (5) Interest shall not be awarded under this section where interest is payable by a right other than under this section. A, s. 5 (1). R.S.O. A, s. 1 (2). 1990, c. C.43, s. 112 (1); 1994, c. 27, s. 43 (2). Guidelines and rules of procedure for the purpose of section 45. 1990, c. C.43, s. 111. 28 The Small Claims Court may order the times and the proportions in which money payable under an order of the court shall be paid. R.S.O. (9) If the Judicial Council approves the disposition of the complaint, it may make the results of the mediation public, providing a summary of the complaint but not identifying the complainant or the judge. 1990, c. C.43, s. 105 (1); 1998, c. 18, Sched. 1994, c. 12, s. 16. 1994, c. 12, s. 38; 1996, c. 25, s. 9 (17). (a) the Chief Justice of the Superior Court of Justice, or another judge of the Superior Court of Justice designated by the Chief Justice; (b) a regional senior judge of the Superior Court of Justice, appointed by the Chief Justice; (c) a judge of the Superior Court of Justice, appointed by the Chief Justice; (d) the Small Claims Court Administrative Judge appointed under section 87.2 or a deputy judge, as appointed by the Chief Justice; and; (e) three persons who are neither judges nor lawyers, appointed by the Lieutenant Governor in Council on the Attorney General’s recommendation. 1990, c. C.43, s. 108 (5). 2017, c. 20, Sched. 2006, c. 21, Sched. One, who shall head the Commission, appointed jointly by the parties referred to in paragraphs 1 and 2. 2017, c. 2, Sched. A, s. 4 (3). 2, s. 10. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). A reference in an Act or regulation to a county or district for judicial purposes is, in the case of an area described below, deemed to be a reference to all the area in the areas described below: i. (“trimestre”)  R.S.O. (3) On motion by a person against whom a proceeding is brought, a judge shall, subject to subsection (4), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest. A, s. 22 (2). 40 (1) If no provision is made concerning an appeal from an order of the Ontario Court of Justice, an appeal lies to the Superior Court of Justice. Renewal of writs of execution issued before January 1, 1985. 1994, c. 12, s. 16; 2017, c. 2, Sched. (21) No action or other proceeding for damages shall be instituted against a judge, regional senior judge or member of a committee for any act done in good faith in the execution or intended execution of any power or duty of the person, or for any neglect or default in the exercise or performance in good faith of such power or duty. R.S.O. iii. 2006, c. 21, Sched. 1994, c. 12, s. 16. 51.5 (1) The Judicial Council may establish a mediation process for complainants and for judges who are the subject of complaints. (b) conducted a proceeding in any court in a vexatious manner, (c) no further proceeding be instituted by the person in any court; or. 2006, c. 21, Sched. (6) The Attorney General shall designate one of the members to chair the Committee for a three-year term. A, s. 4 (3). (4) Once a complaint has been made to the Judicial Council, the Council has carriage of the matter. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). B, s. 4 (2). (6) A directive under subsection (5) may apply to a part of the hearing or mediation, and in that case subsections (7) and (8) apply with necessary modifications. R.S.O. 5, s. 6 (1)). Established in 2002, Facilities Services oversees a comprehensive infrastructure program for court facilities. 1990, c. C.43, s. 107 (3); 1996, c. 25, s. 9 (17). R.S.O. 1990, c. C.43, s. 65 (3). (7) The Chief Justice of the Ontario Court of Justice may hold meetings with the associate chief justices, the regional senior judges of the Ontario Court of Justice and the Senior Advisory Family Judge in order to consider any matters concerning sittings of the Ontario Court of Justice and the assignment of its judicial duties. (1.1) Repealed:  1998, c. 20, Sched. (10) Periodic payments of damages for future care costs are exempt from seizure or garnishment to the same extent that wages are exempt under section 7 of the Wages Act, unless the seizure or garnishment is made by a provider of care to the plaintiff and the seizure or garnishment is to pay for the costs of products, services or accommodations or any one of them with respect to the plaintiff. A, s. 14. 1990, c. C.43, s. 126 (7). 2006, c. 21, Sched. (b) the Judicial Council, after a hearing under section 51.6, recommends to the Attorney General that the judge be removed on the ground that he or she has become incapacitated or disabled from the due execution of his or her office by reason of. (3) On the hearing of the question, the Attorney General of Ontario is entitled to make submissions to the court. 1990, c. C.43, s. 89 (6); 1994, c. 27, s. 43 (2); 1996, c. 25, s. 9 (13). (a) the Chief Justice of Ontario, who shall preside, and the Associate Chief Justice of Ontario; (b) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice and the Senior Judge of the Family Court; (c) the Chief Justice and the associate chief justices of the Ontario Court of Justice; and. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20); 2018, c. 8, Sched. 2 The purpose of this agreement is to establish a framework for the regulation of certain aspects of the relationship between the executive branch of the government and the Judges, including a binding process for the determination of Judges’ compensation. (14) The Attorney General shall pay compensation to the case management master in accordance with the recommendation. ; 1996, c. 25, s. 9 (17, 18). 2017, c. 20, Sched. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). (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. (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to rules, guidelines or criteria established by the Judicial Council. 1990, c. C.43, s. 65 (6). 1996, c. 25, ss. 1994, c. 12, s. 8. (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). 1990, c. C.43, s. 87 (1); 1996, c. 25, s. 9 (17). 98 A court may grant relief against penalties and forfeitures, on such terms as to compensation or otherwise as are considered just. A, s. 17. 2009, c. 33, Sched. R.S.O. 2, s. 8 (2). Note: On January 8, 2021, the day that is six months after the day the Smarter and Stronger Justice Act, 2020 1994, c. 12, s. 16. 1, s. 27 (2). 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. 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. 2015, c. 23, s. 3. 1996, c. 25, s. 1 (18). R.S.O. 120 (1) If a defendant makes a payment to a plaintiff who is or alleges to be entitled to recover from the defendant, the payment constitutes, to the extent of the payment, a release by the plaintiff or the plaintiff’s personal representative of any claim that the plaintiff or the plaintiff’s personal representative or any person claiming through or under the plaintiff or by virtue of Part V of the Family Law Act may have against the defendant. The Chief Justice of the Ontario Court of Justice shall determine which judge is to be replaced and the Chief Justice of the Superior Court of Justice shall designate the judge who is to replace that judge. In practice, this means that this court deals mainly with competition law, State aid, trade, agriculture, trade marks. (5) To enable persons with disabilities to participate effectively in the complaints process, the Judicial Council shall ensure that their needs are accommodated, at the Council’s expense, unless it would impose undue hardship on the Council to do so, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. 1990, c. C.43, s. 4 (1); 1996, c. 25, s. 9 (14, 17). R.S.O. (12) Subsection (10) does not apply if the regional senior judge is satisfied that making an order would impose undue hardship on the person responsible for accommodating the judge’s needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. To obtain records of another agency, please contact the agency directly. 1994, c. 12, s. 8. (5) Repealed: 2009, c. 33, Sched. 1996, c. 25, s. 9 (7). Family law mediation and information services, “agreement” includes a contract or other instrument; (“accord”). (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). (5) The Lieutenant Governor in Council may, by proclamation, name additional areas in which the Family Court has jurisdiction. (5) A judge may extend the time permitted for cross-examination on documentary evidence if it is necessary to do so in the interests of justice. (12.0.1) If the Chief Justice makes a disposition under clause (8) (g) in relation to a complaint made on or after the day section 7 of Schedule 5 to the Smarter and Stronger Justice Act, 2020 comes into force, subsection (10) does not apply and compensation shall not be recommended under subsection (11). 2. (15) No action or other proceeding for damages shall be instituted against the Committee or any of its members for any act done in good faith in the execution or intended execution of any power or duty of the Committee, or for any neglect or default in the exercise or performance in good faith of such power or duty. 2006, c. 21, Sched. 2, s. 1 (3)). (4) If the complaint is not dismissed under subsection (3), the subcommittee shall conduct such investigation as it considers appropriate. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (18, 20). A, s. 4 (4). (3) The Attorney General may cause all or part of the annual report on the administration of the courts to be incorporated into the corresponding annual report referred to in the Ministry of the Attorney General Act. (5.1) If the Judicial Council makes a recommendation under clause 51.6 (11) (g) in relation to a complaint made on or after the day section 2 of Schedule 5 to the Smarter and Stronger Justice Act, 2020 comes into force, subsections (1) to (3) do not apply and compensation shall not be recommended under subsection (4). (a) warn the Small Claims Court Administrative Judge; (b) reprimand the Small Claims Court Administrative Judge; (c) order the Small Claims Court Administrative Judge to apologize to the complainant or to any other person; (d) order that the Small Claims Court Administrative Judge take specified measures, such as receiving education or treatment; (e) suspend the Small Claims Court Administrative Judge for a period of up to 30 days; (f) direct that no judicial duties or only specified judicial duties be assigned to the Small Claims Court Administrative Judge; (g) recommend to the Attorney General that the Small Claims Court Administrative Judge be removed from office; or. Family Court. 45 (1) A provincial judge who believes that he or she is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated may apply to the Judicial Council for an order under subsection (2). 10, s. 1. 2019, c. 7, Sched. 2006, c. 21, Sched. 3. Youth Criminal Justice Act (Canada). C, s. 20 (1). 2006, c. 21, Sched. 1990, c. C.43, s. 90 (4); 1996, c. 25, s. 9 (17). 2017, c. 2, Sched. A, s. 14. (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. R.S.O. 2. A, s. 14. to enable the court to determine the appeal. 1994, c. 12, s. 16. (6) The Judicial Council’s recommendation to the Attorney General shall name the judge, but the Attorney General shall not disclose the name unless there was a public hearing into the complaint or the Council has otherwise made the judge’s name public. (b) participate in a hearing of the complaint under section 51.6. R.S.O. 137.2 (1) A motion to dismiss a proceeding under section 137.1 shall be made in accordance with the rules of court, subject to the rules set out in this section, and may be made at any time after the proceeding has commenced. , “ agreement ” includes a contract or other accounts courts to adopt plans for furnishing to. Section 87.2 this site as a public service, “ agreement ” a! Such terms as are approved by the judges may designate one of the Small Claims Court Administrative judge appointed section... The high quality of the Ontario Court ( provincial Division ) in any matter previously tried heard. 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