Proceeding in Divisional Court

From Riverview Legal Group


Proceeding in Divisional Court

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

21 (1) A proceeding in the Divisional Court shall be heard and determined by three judges sitting together.

(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.
(3) A motion in the Divisional Court shall be heard and determined by one judge, unless otherwise provided by the rules of court.