Location of Hearing (Divisional Court)

From Caselaw.Ninja


Courts of Justice Act, R.S.O. 1990, c. C.43[1]

20 (1) An appeal to the Divisional Court shall be heard in the region where the hearing or other process that led to the decision appealed from took place, unless the parties agree otherwise or the Chief Justice of the Superior Court of Justice orders otherwise because it is necessary to do so in the interests of justice. 1994, c. 12, s. 7; 1996, c. 25, s. 9 (14).

(2) Any other proceeding in the Divisional Court may be brought in any region. R.S.O. 1990, c. C.43, s. 20 (2).

21 (1) A proceeding in the Divisional Court shall be heard and determined by three judges sitting together. R.S.O. 1990, c. C.43, s. 21 (1).

(2) A proceeding in the Divisional Court may be heard and determined by one judge where the proceeding,
(a) is an appeal under clause 19 (1) (c);
(b) is an appeal under section 31 from a person referred to in subsection 24 (2) presiding over the Small Claims Court; or
(c) is in a matter that the Chief Justice of the Superior Court of Justice or a judge designated by the Chief Justice is satisfied, from the nature of the issues involved and the necessity for expedition, can and ought to be heard and determined by one judge. R.S.O. 1990, c. C.43, s. 21 (2); 1996, c. 25, s. 9 (14); 2017, c. 2, Sched. 2, s. 2.
(3) A motion in the Divisional Court shall be heard and determined by one judge, unless otherwise provided by the rules of court. R.S.O. 1990, c. C.43, s. 21 (3).
(4) A judge assigned to hear and determine a motion may adjourn it to a panel of the Divisional Court. R.S.O. 1990, c. C.43, s. 21 (4).
(5) A panel of the Divisional Court may, on motion, set aside or vary the decision of a judge who hears and determines a motion. R.S.O. 1990, c. C.43, s. 21 (5).

[1]

References

  1. 1.0 1.1 Courts of Justice Act, R.S.O. 1990, c. C.43, <https://www.ontario.ca/laws/statute/90c43#BK24>, reterived 2021-04-07