Ontario Courts.

The civil courts structure in the Province of Ontario, can be informally divided in three levels.  Beware that some legal matters are under jurisdiction of family courts, administrative boards/tribunals that are regulating by different set of rules.  It is very important to seek legal advice from an experienced litigation lawyer about the courts that have jurisdiction to adjudicate your particular matter.

1. Ontario Superior Court of Justice.

a) General Division.

The first level is the provincial Ontario Superior Court of Justice.  Superior Court of Justice is main civil litigation court in the province and has jurisdiction over almost all civil matters.  Within the court, there are court divisions specializing in adjudicating claims in particular areas of law, such as Estate list and Commercial List courts in the City of Toronto.  Under Ontario Rules of Civil Procedure, there are two procedures applicable to civil claims: simplified procedure (claims under $100,000) and regular procedure (claims over $100,000). The simplified procedure is more expeditious and less technical way to advance claims to trials (the major difference in procedure is absence or very limited examination for discovery process in simplified procedure litigation).

b) Small Claims Court Division.

Even though, formally, Small Claims Courts are considered to be a division of Ontario Superior Court of Justice, in fact, Small Claims Courts have comparatively simple procedure to expeditiously adjudicate claims under $25,000.  To learn more about Small Claims Court procedure, please refer to discussion of Small Claims Court procedure at the lawyer's dedicated website.  Small Claims Courts major purpose to address litigation monetary claims under $25,000, the courts have very limited power to order declaratory relief requiring defendants/respondents to do particular acts (the request for such orders have to be commenced in Superior Court of Justice by way of action or application).

The Superior Court procedure is regulated by a number of legislative acts, Ontario Rules of Civil Procedure, Practice Directions issued by particular courts.  Please note that different rules apply to family law litigation, Small Claims Court regulations and some other courts.  You have to consult a lawyer to determine the jurisdiction of the court to commence your legal action.

2. Ontario Appellate Courts (Divisional Court and Ontario Court of Appeal).

The appellate courts consider appeals from Superior Court of Justice, as well as judicial reviews of decisions of administrative boards and tribunals.  There are strict deadlines and rules in appealing case, it is strongly advisable to contact a lawyer having appellate court experience immediately after person learns about the lower court/tribunal decision.

3. Superior Court of Canada.

Superior Court of Canada is the highest court in Canada that has jurisdiction to hear appeals from provincial appellate courts.  It is extremely difficult and expensive to obtain leave to appeal to Superior Court of Canada.

Lawyer's Practice.