the damages, including damages for breaches occurring after the commencement of the proceeding, shall be assessed down to the time of the assessment. 3. 15, s. 8 (2). 2, s. 15. A, s. 4 (3). A, s. 14. “labour dispute” means a dispute or difference concerning terms, tenure or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. The Attorney General, or a person mentioned in clause (2) (b) and designated by the Attorney General. 1990, c. C.43, s. 103 (3); 2017, c. 24, s. 75. (2) Subsection (1) applies, with necessary modifications, in respect of directing and supervising the sittings and assigning the judicial duties of masters and case management masters. (2) The following persons shall preside over meetings of the Committee, by rotation at intervals fixed by the Committee: 1. R.S.O. 33.1 (1) Any person may make a complaint alleging misconduct by a deputy judge, by writing to the judge of the Superior Court of Justice designated by the regional senior judge in the region where the deputy judge sits. A reference in an Act or regulation to a county or district for judicial purposes is, in the case of an area described below, deemed to be a reference to all the area in the areas described below: i. 1990, c. C.43, s. 123 (2). (2) The Chief Justice shall review the complaint and may dismiss it without further investigation if, in his or her opinion, it is frivolous or an abuse of process, or concerns a minor matter to which an appropriate response has already been given. A, s. 3. R.S.O. 1990, CHAPTER C.43. (4) Once a complaint has been made to the Judicial Council, the Council has carriage of the matter. (b) if the mediation does not result in a disposition or if the Council is of the opinion that the disposition is not in the public interest, (ii) refer the complaint to the Chief Justice, with or without imposing conditions as referred to in subsection 51.4 (15), or. 2015, c. 23, s. 3. Other prescribed domestic trade agreements that the Government of Ontario has entered into with the government of another province or territory of Canada, the Government of Canada or any combination of those governments. (2) Repealed: 2009, c. 33, Sched. (b) a party may make a motion to the chief judge for an order that the matter be reheard. Chief Justice, Associate Chief Justice and regional senior judges of Superior Court of Justice; Senior Judge of Family Court. 141 (1) Unless an Act provides otherwise, orders of a court arising out of a civil proceeding and enforceable in Ontario shall be directed to a sheriff for enforcement. 48. 1994, c. 12, s. 13; 1996, c. 25, s. 9 (14). (4) Each of the members of the Family Rules Committee appointed under clauses (2) (e), (f), (g), (i), (j), (k), (l) and (m) shall hold office for a period of three years and is eligible for reappointment. (11) The Statutory Powers Procedure Act does not apply to the Judicial Council’s activities under subsections (8) and (10). A, s. 14. (b) where such persons are not members of a labour organization, by posting the notice in a conspicuous place at the location of the activity sought to be restrained where it can be read by any persons affected. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). 2006, c. 21, Sched. Guidelines and rules of procedure for the purpose of subsection 51.4 (21). (5) The liability for damages under subsection (4) and the amount thereof may be determined in the proceeding in respect of which the certificate was registered or in a separate proceeding. (3) Fees for the provision of the mediation services may be collected by or on behalf of a service provider to the extent permitted and in accordance with the agreement entered into by the service provider under subsection (2). (4) A judge may, on motion, order that the stay is lifted at an earlier time if, in his or her opinion, (a) the stay is causing or would likely cause undue hardship to a party to the tribunal proceeding; or. 1990, c. C.43, s. 27. (a) draw inferences of fact from the evidence, except that no inference shall be drawn that is inconsistent with a finding that has not been set aside; (b) receive further evidence by affidavit, transcript of oral examination, oral examination before the court or in such other manner as the court directs; and. (4) The Family Court has jurisdiction in the City of Hamilton and in the additional areas named in accordance with subsection (5). (“fournisseur de services”) 2018, c. 17, Sched. (3) The judge shall notify the regional senior judge, the complainant and the deputy judge in writing of a dismissal under subsection (2), giving brief reasons for it. 138 As far as possible, multiplicity of legal proceedings shall be avoided. (d) not more than two other persons, appointed by the Attorney General with the concurrence of the judges mentioned in clause (a) and the lawyers appointed under clause (c). A judge mentioned in clause (1) (a), selected by the judges mentioned in that clause. 1994, c. 12, s. 16. (7) Where an order has been made that proceedings be heard either at the same time or one immediately after the other, the judge presiding at the hearing nevertheless has discretion to order otherwise. 1990, c. C.43, s. 112 (1); 1994, c. 27, s. 43 (2). (6) The order binds the Crown. (3) A regional senior judge of the Superior Court of Justice may delegate to a judge of the Superior Court of Justice in his or her region the authority to exercise specified functions. 147 (1) The courts shall have such seals as are approved by the Attorney General. (2) With respect to all functions performed by the Public Guardian and Trustee in his or her capacity as Accountant of the Superior Court of Justice, the Public Guardian and Trustee Act and the regulations made under that Act prevail over subsection (1) and the regulations made under it. (a) the jurisdiction of a master conferred by the rules of court; and. A, s. 13 (2). 1994, c. 12, s. 16. 1990, c. C.43, s. 104. R.S.O. 2017, c. 2, Sched. Under the Courts of Justice Act:. A, s. 22 (3); 2015, c. 27, Sched. 25 The parties agree that the Commission in making its recommendation on provincial judges’ compensation shall give every consideration to, but not limited to, the following criteria, recognizing the purposes of this agreement as set out in paragraph 2: (b) the need to provide fair and reasonable compensation for judges in light of prevailing economic conditions in the province and the overall state of the provincial economy. A, s. 12. (2) A motion for interim or other interlocutory relief in a proceeding referred to in the Schedule that is required or permitted by the rules or an order of a court to be heard and determined in a part of Ontario where the Family Court has jurisdiction shall be heard and determined in the Family Court. 2020, c. 11, Sched. 2018, c. 17, Sched. Periodic payment, medical malpractice actions. R.S.O. 32 (1) A regional senior judge of the Superior Court of Justice may, with the approval of the Attorney General, appoint a lawyer to act as a deputy judge of the Small Claims Court. 3. 1990, c. C.43, s. 65 (5). A, s. 22 (12); 2006, c. 21, Sched. (9.2) The case management master and the complainant are parties to any appeal and the Attorney General is the respondent. 2006, c. 21, Sched. 1996, c. 25, s. 1 (18); 2002, c. 18, Sched. 1994, c. 12, s. 34; 1996, c. 25, s. 9 (14). 1994, c. 12, s. 16. 1994, c. 12, s. 16. (d) the regional senior judges of the Superior Court of Justice and of the Ontario Court of Justice. (“trimestre”) R.S.O. A, s. 22 (8). 2006, c. 21, Sched. R.S.O. 1990, c. C.43, s. 53 (4). (6) A proceeding that is transferred to another court under clause (1) (d) shall be titled in the court to which it is transferred and shall be continued as if it had been commenced in that court. A, s. 22 (11); 1999, c. 6, s. 18 (2); 2002, c. 18, Sched. Matters that are assigned by law to the judiciary, including authority to direct and supervise the sittings and the assignment of the judicial duties of the court. 2, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 86.1 (5) of the Act is repealed. Note: On January 8, 2021, the day that is six months after the day the Smarter and Stronger Justice Act, 2020 (3) Every judge of the Superior Court of Justice is also a judge of the Small Claims Court. a party may make a motion to the chief judge for an order that the matter be reheard. (2) Subsections 66 (2), (3) and (5) apply with necessary modifications to the Family Rules Committee making rules under subsection (1). (3) On motion by a person against whom a proceeding is brought, a judge shall, subject to subsection (4), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest. 1994, c. 12, s. 16. (3) The framework agreement forms part of this Act. Although every effort is made to maintain accurate information on this site, the Michigan Supreme Court does not … 2009, c. 33, Sched. 2, s. 5. Same, Chief Justice and associate chief justices. the remaining judges may complete the hearing and give the decision of the court but, if the remaining judges are equally divided, a party may make a motion to the chief judge for an order that the matter be reheard. R.S.O. 1994, c. 12, s. 16; 1996, c. 25, s. 9 (15, 18, 20). Chapter 2: Appointment and Payment of Counsel § 210 Representation under the CJA § 220 Appointment of Counsel § 230 Compensation and Expenses of Appointed Counsel. (c) order the judge to apologize to the complainant or to any other person; (d) order that the judge take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a judge; (e) suspend the judge with pay, for any period; (f) suspend the judge without pay, but with benefits, for a period up to thirty days; or. 98 A court may grant relief against penalties and forfeitures, on such terms as to compensation or otherwise as are considered just. Professional Child Visitation Monitor. “service provider” means a person or entity that has entered into an agreement with the Crown in right of Ontario under subsection (2). R.S.O. 31 An appeal lies to the Divisional Court from a final order of the Small Claims Court in an action, (a) for the payment of money in excess of the prescribed amount, excluding costs; or. A, s. 6. 115 Where a person is required to give security in respect of a proceeding in a court, a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance is sufficient, unless the court orders otherwise. (4) The Lieutenant Governor in Council may, on the recommendation of the Attorney General, appoint two provincial judges as associate chief justices of the Ontario Court of Justice. R.S.O. For the purposes of an application under section 45, one of the members of the Judicial Council who is a provincial judge shall be replaced by a judge of the Superior Court of Justice. 90 of 17 June 2005. 96 (1) Courts shall administer concurrently all rules of equity and the common law. A, s. 5 (4). 1996, c. 25, ss. A, s. 14. 25 The Small Claims Court shall hear and determine in a summary way all questions of law and fact and may make such order as is considered just and agreeable to good conscience. 2, s. 2 (2). (9) The Chief Justice of the Ontario Court of Justice, or another judge of that court designated by the Chief Justice, shall chair all other meetings and hearings of the Judicial Council. 2018, c. 17, Sched. Subcommittee recommendations with respect to interim suspension shall be made to the appropriate regional senior judge of the Superior Court of Justice, to whom subsections 51.4 (10) and (11) apply with necessary modifications. (2) Complaints against provincial judges may be made in English or French. 79.1 (1) For administrative purposes related to the administration of justice in the province, Ontario is divided into the regions prescribed under subsection (2). (f) any other factor which it considers relevant to the matters in issue. A, s. 15. “future care costs” means the cost of medical care or treatment, rehabilitation services or other care, treatment, services, products or accommodations that is incurred at a time after judgment; (“coûts des soins futurs”), “medical malpractice action” means an action for personal injuries alleged to have arisen from negligence or malpractice in respect of professional services requested of, or rendered by, a health professional who is a member of a health profession as defined in the Regulated Health Professions Act, 1991 (4) Where an obligation enforceable in Ontario provides for a manner of conversion to Canadian currency of an amount in a foreign currency, the court shall give effect to the manner of conversion in the obligation. 2, s. 10. 2006, c. 21, Sched. 1994, c. 12, s. 16. 1994, c. 12, s. 16. The constitutional validity or constitutional applicability of an Act of the Parliament of Canada or the Legislature, of a regulation or by-law made under such an Act or of a rule of common law is in question. 2006, c. 21, Sched. 2015, c. 23, s. 3. 1990, c. C.43, s. 95 (3); 1996, c. 25, s. 9 (18). A, s. 13 (2). 2, s. 5. Recognizing the independence of the judiciary. (16) The Judicial Council shall not make an order under subsection (13) against a person without ensuring that the person has had an opportunity to participate and make submissions. A, s. 14. All the area in the County of Haliburton. In practice, this means that this court deals mainly with competition law, State aid, trade, agriculture, trade marks. A complainant or witness at whose request an order was made under subsection (9). R.S.O. (2) The Lieutenant Governor in Council may by regulation increase the number of judges of the Court of Appeal who are in addition to the Chief Justice and the Associate Chief Justice. The information is updated frequently based upon the needs of our users. (4) The members hold office for three-year terms and may be reappointed. On the request of a party or counsel who speaks English or French but not both, the court shall provide interpretation of anything given orally in the other language at hearings referred to in paragraphs 2 and 3 and at examinations out of court, and translation of reasons for a decision written in the other language. (2) Despite subsection (1), a judge appointed as a full-time magistrate, judge of a juvenile and family court or master before December 2, 1968 shall retire upon attaining the age of seventy years. 2015, c. 23, s. 3. (2) To enforce an order described in subsection (1), a party in whose favour the order is made shall file a certified copy of the order with the Superior Court of Justice. 1994, c. 12, s. 16. R.S.O. 148.2 (1) An order against a person to pay tariff costs to a party to an agreement listed in section 148.1 may, for the purpose of its enforcement only, be made an order of the Superior Court of Justice if the order is against, (a) a person who initiated the complaint; or. 1994, c. 12, s. 16. 1996, c. 25, s. 1 (18). (b) the harm likely to be or have been suffered by the responding party as a result of the moving party’s expression is sufficiently serious that the public interest in permitting the proceeding to continue outweighs the public interest in protecting that expression. A lawyer appointed under clause (1) (c), selected by the lawyers appointed under that clause. (4) This section applies to provincial judges who have not yet attained retirement age and to provincial judges whose continuation in office after attaining retirement age has been approved under subsection 47 (3), (4) or (5). 441/97, s. 2; 2002, c. 17, Sched. Prevention of Proceedings that Limit Freedom of Expression on Matters of Public Interest (Gag Proceedings), Dismissal of proceeding that limits debate. 2002, c. 18, Sched. (2) Subsection (1) does not prevent the temporary assignment of a provincial judge to a location anywhere in Ontario. 1990, c. C.43, s. 126 (3). 33 (1) A council known as the Deputy Judges Council in English and as Conseil des juges suppléants in French is established. 1990, c. C.43, s. 137. 2, s. 1 (2). These policies and procedures represent the guidelines of the Judicial Conference of the United States for the administration and operation of the Criminal Justice Act (CJA). (2) The Divisional Court has jurisdiction to hear and determine an appeal that lies to the Superior Court of Justice if an appeal in the same proceeding lies to and is taken to the Divisional Court. Regard to all the members hold office for seven years changes since its enactment in 1916 from 20... S. 14 ; 2018, c. 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