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Although the claims of civil proceeding are permitted to be tried before a jury, courts have broad discretion to strike the jury and proceed with a judge-only trial. The Ontario Rules of Civil Procedure have been largely adopted by Manitoba, Prince Edward Island, and the Northwest Territories. [citation needed]
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
The last edition of the RSO was dated 1990 pursuant to the Statutes Revision Act, 1989, consolidating the statutes in force prior to January 1, 1991. [ 3 ] More recently, acts have been consolidated on the e-Laws website, organized by reference to their existing citations in the Statutes of Ontario or Revised Statutes of Ontario.
This court is subordinate in relationship to the "superior" courts. The phrase "provincial court" or "territorial court" is often used to mean a lower court whose decisions can be reviewed by a superior court. Decades ago [when?], they were managed at the local municipal level. The Ontario Court of Justice is a division of the Court of Ontario. [7]
By the Law Reform Act, 1909, [61] which came into force on 1 January 1913, the Supreme Court of Judicature for Ontario became the Supreme Court of Ontario, with two branches: (1) the Appellate Division; and (2) the High Court Division. The former was only appellate while the latter was a court of original jurisdiction; however, any judge of the ...
The Substitute Decisions Act (the Act) is an act of the Legislative Assembly of Ontario in Ontario, Canada.It establishes the legal criteria determining when a person has the ability to make decisions that are fundamental to his/her well-being.
Section 92(14) of the Act gives the provincial legislatures the power to create provincial courts and to assign jurisdiction to them, as well as determine the rules of civil procedure in those courts. Section 97 of the Act provides that the judges of the courts of Ontario, Nova Scotia and New Brunswick must be appointed from the bars of those ...
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.