Ontario’s provincial court system is the group of courts that handle legal matters within Ontario. Each court has a specific role, and cases are directed to different courts based on the type of legal issue and how serious it is.

Most cases begin in either the Ontario Court of Justice or the Superior Court of Justice, depending on the type of legal issue involved. Some decisions can be appealed to the Divisional Court or the Ontario Court of Appeal, which review lower-court decisions rather than hearing new cases.

What are the different courts?

Courts of Ontario

The Courts of Ontario are the trial courts where most of the cases in Ontario are heard. There are 2 divisions:

1. The Ontario Court of Justice

The Ontario Court of Justice hears most court disputes in the province. It is the lower-level provincial court that hears:

1. Cases related to provincial offences (e.g., traffic tickets)
2. Most criminal cases
3. Family law cases that are not related to divorce or property division

Some courts at this level focus on specific types of offences or groups of offenders. For example:

• Youth Court: Hears cases with youths charged under the Youth Criminal Act
• Mental Health Court: Handles cases involving individuals with mental health issues
• Gladue Court: Hear bail and sentencing cases involving Aboriginal offenders
• Drug Treatment Court: Offers supervised treatment for individuals with drug addictions who have been charged with drug-related offences

2. The Ontario Superior Court of Justice

The Superior Court of Justice has “inherent jurisdiction,” meaning it has the authority to hear any matter unless limited by statute or rule. This court generally handles:

• Serious criminal offences, including all prosecutions before a jury
• Civil court cases
• Family law matters involving divorce and property division

This court has 3 specialized branches:

1. Unified Family Court

• • A specialized branch that combines the family law court process so that a case covering multiple jurisdictions can be heard under a single judge
  • Only operates in certain locations (see here for more information)
  • If the United Family Court does not exist in your location, family law matters will be split between Ontario Court of Justice (child protection, support) and the Superior Court of Justice (divorce, property)

2. Divisional Court

• • Hears appeals from decisions made by administrative tribunals (government decision-making bodies) and reviews government actions
  • Can hear appeals of certain family and civil law Superior Court decisions

3. Small Claims Court

• • Handles civil lawsuits for claims valued at $50,000 or less. Visit Small Claims Court for more information.

Ontario Court of Appeal

The Court of Appeal for Ontario is the highest court in the province. It hears appeals from both the Ontario Court of Justice and the Superior Court of Justice to ensure that the law was correctly applied in their decisions. Decisions made by the Court of Appeal are binding on all lower courts in the province.

Supreme Court of Canada

If a case is not resolved at the provincial court levels, it may be appealed to the Supreme Court of Canada, which has the final say on legal issues. However, this is relatively rare, as the Court only hears a small number of cases.

How do you choose the right court when filing a case?

Selecting the correct court is important because each court has its own specific legal authority to hear certain types of cases. Filing in the wrong court can lead to delays, increased costs, or having your case dismissed entirely. For more information on which court you may need, see What kind of issues can be dealt with in a Provincial Court?

More information

For more information on the court system in Ontario and Canada’s federal courts, refer to Canada’s Court System.

For more information regarding how Canada’s system of justice and how the courts work, visit Canada’s Department of Justice at justice.gc.ca

								
You now have 3 options:
								

									
More answers about Provincial Law
									
Master List: 2,500 Legal Answers
																													
																		
Government Links