Ontario Court of Appeal
Encyclopedia
The Court of Appeal for Ontario (frequently referred to as Ontario Court of Appeal or OCA) is headquartered in downtown
Toronto
, in historic Osgoode Hall
.
The Court
is composed of 24 judge
s who hear over 1,500 appeals each year, on issues of private law
, constitutional law, criminal law, administrative law
, and other matters. The Supreme Court of Canada
hears appeals from less than 3% of the decisions of the Court of Appeal; in a very practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Canada's most populous province. Among the Court of Appeal's most notable decisions was a 2003 ruling that legalized same-sex marriage in Ontario
, making Canada the first jurisdiction in the world where same-sex marriage was legalized by a court ruling. Among many judges from the Court
who have been elevated to the Supreme Court of Canada
are Justices Rosalie Abella
, Louise Arbour
, Peter Cory, Louise Charron
, Andromache Karakatsanis
, Bora Laskin
, Michael Moldaver and Bertha Wilson
. Justice Bertha Wilson
was the first female justice on both the Ontario Court of Appeal (1975) and the Supreme Court of Canada (1982).
The court derives its jurisdiction from Ontario's Courts of Justice Act.
Downtown Toronto
Downtown Toronto is the central business district of Toronto, Ontario, Canada. It is approximately bounded by Bloor Street to the north, Lake Ontario to the south, the Don River to the east, and Bathurst Street to the west...
Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
, in historic Osgoode Hall
Osgoode Hall
Osgoode Hall is a landmark building in downtown Toronto constructed between 1829 and 1832 in the late Georgian Palladian and Neoclassical styles. It houses the Ontario Court of Appeal, the Divisional Court of the Superior Court of Justice, and the Law Society of Upper Canada...
.
The Court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
is composed of 24 judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s who hear over 1,500 appeals each year, on issues of private law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
, constitutional law, criminal law, administrative law
Canadian administrative law
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies. That is, the law concerns the manner in which courts can review the decisions of administrative decision-makers such as a board, tribunal, commission, agency or minister...
, and other matters. The Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
hears appeals from less than 3% of the decisions of the Court of Appeal; in a very practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Canada's most populous province. Among the Court of Appeal's most notable decisions was a 2003 ruling that legalized same-sex marriage in Ontario
Same-sex marriage in Ontario
The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Rev. Brent Hawkes on January 14, 2001....
, making Canada the first jurisdiction in the world where same-sex marriage was legalized by a court ruling. Among many judges from the Court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
who have been elevated to the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
are Justices Rosalie Abella
Rosalie Abella
Rosalie Silberman Abella, is a Canadian jurist. She was appointed in 2004 to the Supreme Court of Canada, becoming the first Jewish woman to sit on the Canadian Supreme Court bench.- Early life :...
, Louise Arbour
Louise Arbour
Louise Arbour, is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda...
, Peter Cory, Louise Charron
Louise Charron
Louise Charron is a Canadian jurist. She was appointed to the Supreme Court of Canada in October, 2004, and is the first native-born Franco-Ontarian Supreme Court judge...
, Andromache Karakatsanis
Andromache Karakatsanis
Andromache Karakatsanis is a Canadian jurist. She was nominated to the Supreme Court of Canada by Stephen Harper in October 2011. She is the first Greek-Canadian judge on the Court.- Early life :...
, Bora Laskin
Bora Laskin
Bora Laskin, PC, CC, FRSC was a Canadian jurist, who served on the Supreme Court of Canada for fourteen years, including a decade as its Chief Justice.-Early life:...
, Michael Moldaver and Bertha Wilson
Bertha Wilson
Bertha Wernham Wilson, CC was a Canadian jurist and the first woman Puisne Justice of the Supreme Court of Canada.-Early life:...
. Justice Bertha Wilson
Bertha Wilson
Bertha Wernham Wilson, CC was a Canadian jurist and the first woman Puisne Justice of the Supreme Court of Canada.-Early life:...
was the first female justice on both the Ontario Court of Appeal (1975) and the Supreme Court of Canada (1982).
The court derives its jurisdiction from Ontario's Courts of Justice Act.
Current Justices
| Position | Name | Appointed | Nominated by | Position Prior to Appointment* |
|---|---|---|---|---|
| Chief Justice of Ontario | Warren Winkler Warren Winkler Warren Keith Winkler is a Canadian jurist and the current Chief Justice of Ontario. Appointed by Prime Minister Stephen Harper on June 1, 2007, Winkler was previously Regional Senior Judge of the Ontario Superior Court of Justice for the Toronto Region.-Biography:Born in Virden, Manitoba, Winkler... |
June 1, 2007 | Harper | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Associate Chief Justice of Ontario | Dennis O'Connor Dennis O'Connor (judge) Dennis R. O'Connor is the current Associate Chief Justice of Ontario and sits on the Court of Appeal for Ontario.O'Connor attended Osgoode Hall Law School of York University in Toronto. He practised law from 1973 until 1976. From 1976 to 1980 he became a teacher at the University of Western Ontario... |
1998/2001 | Chretien | Lawyer at Borden Ladner Gervais LLP Borden Ladner Gervais Borden Ladner Gervais LLP is the largest full-service Canadian law firm. The Firm has over 750 lawyers, intellectual property agents and other professionals in offices in Calgary, Montréal, Ottawa, Toronto, Vancouver and Waterloo Region... |
| Justice | Robert P. Armstrong | January 25, 2002 | Chretien | Lawyer at Torys LLP Torys Torys LLP is a Canadian international business law firm with offices in Toronto, Calgary and New York, United States. Torys serves clients in Canada, the United States, and globally. It is one of the Canadian "seven sisters" law firms.... |
| Justice | Robert A. Blair | November 5, 2003 | Chretien | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | Eleanore A. Cronk | July 31, 2001 | Chretien | Lawyer at Lax O'Sullivan Cronk LLP |
| Justice | David H. Doherty David H. Doherty David H. Doherty is a current Justice of the Ontario Court of Appeal. He was initially appointed September 1, 1990 and was previously a Judge of the Supreme Court of Ontario from September 2, 1988.-References:*... |
September 1, 1990 | Mulroney | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | Gloria J. Epstein | October 12, 2007 | Harper | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | Kathryn N. Feldman | June 11, 1998 | Chretien | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | Eileen E. Gillese | 2002 | Chretien | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | Stephen T. Goudge | 1996 | Chretien | Lawyer at Gowling, Strathy & Henderson LLP Gowlings Gowling Lafleur Henderson LLP, Gowlings, is Canada's second largest full-service law firm, with over 750 professionals practising in 10 cities in Canada, Russia, China and the United Kingdom.... |
| Justice | Russell G. Juriansz | March 12, 2004 | Martin | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | Harry S. Laforme Harry S. Laforme Harry S. Laforme is a judge at the Court of Appeal for Ontario who was educated at Osgoode Hall Law School of York University in Toronto .... |
November 2004 | Martin | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | Susan E. Lang | March 12, 2004 | Martin | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | John I. Laskin | January 1994 | Chretien | Lawyer at Davies Ward & Beck LLP Davies Ward Phillips & Vineberg Davies Ward Phillips & Vineberg LLP is an integrated firm of more than 240 lawyers with offices in Toronto, Montreal, and New York. It is one of the Toronto law firms known as the Seven Sisters. Davies focuses on business law and is consistently at the heart of large and complex commercial and... |
| Justice | Jean L. MacFarland | November 19, 2004 | Martin | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | James C. MacPherson | 1999 | Chretien | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | Marc Rosenberg | December 1995 | Chretien | Assistant Deputy Attorney General Attorney General of Ontario The Attorney General of Ontario is a senior member of the Executive Council of Ontario and governs the Ministry of the Attorney General of Ontario - the department responsible for the oversight of the justice system within the province. The Attorney General is an elected Member of Provincial... (Public Law and Policy Division and Civil Law Division) |
| Justice | Paul Rouleau | April 2005 | Martin | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | Robert J. Sharpe | 1999 | Chretien | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | Janet M. Simmons | August 2000 | Chretien | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | David Watt | October 12, 2007 | Harper | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
| Justice | Karen M. Weiler | March 12, 1992 | Mulroney | Superior Court of Justice Ontario Superior Court of Justice The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999... |
Past Justices
- Michael Moldaver (1995-2011)
- Andromache KarakatsanisAndromache KarakatsanisAndromache Karakatsanis is a Canadian jurist. She was nominated to the Supreme Court of Canada by Stephen Harper in October 2011. She is the first Greek-Canadian judge on the Court.- Early life :...
(2010-2011) - Marvin A. Catzman (1988 - 2007)
- Roy McMurtryRoy McMurtryRoland "Roy" McMurtry, OC, OOnt is a judge and former politician in Ontario, Canada and the current Chancellor of York University.-Early life:McMurtry was born in Toronto and educated at St. Andrew's College, graduating in 1950...
as Chief Justice (1996 - 2007) - Louise CharronLouise CharronLouise Charron is a Canadian jurist. She was appointed to the Supreme Court of Canada in October, 2004, and is the first native-born Franco-Ontarian Supreme Court judge...
(1995 - 2004) - Rosalie AbellaRosalie AbellaRosalie Silberman Abella, is a Canadian jurist. She was appointed in 2004 to the Supreme Court of Canada, becoming the first Jewish woman to sit on the Canadian Supreme Court bench.- Early life :...
(1992 - 2004) - Louise ArbourLouise ArbourLouise Arbour, is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda...
(1990 - 1999) - Charles DubinCharles DubinCharles Leonard Dubin, OC, O.Ont, QC was a Canadian lawyer and former Chief Justice of Ontario. He is best known for leading the Dubin Inquiry into the use of steroids by athletes.-Early life:...
(1973-1996) - Walter TarnopolskyWalter TarnopolskyJustice Walter Surma Tarnopolsky was a Canadian judge, legal scholar, and pioneer in the development of human rights law and civil liberties in Canada.-Background and education:...
(1985 - 1993) - Peter Cory (1981 - 1989)
- Bertha WilsonBertha WilsonBertha Wernham Wilson, CC was a Canadian jurist and the first woman Puisne Justice of the Supreme Court of Canada.-Early life:...
(1975 - 1982) - Goldwyn Arthur MartinGoldwyn Arthur MartinGoldwyn Arthur Martin, CC, QC was a justice of the Court of Appeal for Ontario and one of the most prominent experts in criminal law in Canada....
(1973 - 1988) - Bora LaskinBora LaskinBora Laskin, PC, CC, FRSC was a Canadian jurist, who served on the Supreme Court of Canada for fourteen years, including a decade as its Chief Justice.-Early life:...
(1965 - 1970) - Jean-Marc Labrosse (1990 - 2007)
- Roy KellockRoy KellockRoy Lindsay Kellock, was a Canadian Justice of the Supreme Court of Canada. Born in Perth, Ontario, he graduated from McMaster University with a B.A. in 1915. Justice Kellock was called to bar in 1920 and appointed to the Court of Appeal for Ontario in 1942...
(1942-1944) - Henry Hague DavisHenry Hague DavisHenry Hague Davis was a Canadian lawyer and Puisne Justice of the Supreme Court of Canada.Born in Brockville, Ontario, the son of William Henry Davis and Eliza Dowsley, he received a Bachelor of Arts in 1907, a Master of Arts in 1909 and a Bachelor of Laws in 1911 all from the University of Toronto...
(1933-1935) - Newton Wesley Rowell as Chief Justice (1936-1937)
- Sir William Mulock as Chief Justice (1923-1936)
- John Douglas ArmourJohn Douglas ArmourJohn Douglas Armour was a Canadian Puisne judge of the Supreme Court of Canada.Born in the township of Otonabee, Upper Canada , the son of Samuel Armour, he was educated at Upper Canada College, and received a Bachelor of Arts degree in 1850 from the University of Toronto...
(1887-1890) as Chief Justice (1901-1902) - John Hawkins HagartyJohn Hawkins HagartySir John Hawkins Hagarty was a Canadian lawyer, teacher, and judge.Born in Dublin, Ireland, Hagarty was educated at Trinity College, Dublin for a year before emigrating to Upper Canada in 1834. He was a student-at-law in the law office of George Duggan in Toronto. He was called to the Bar in 1840...
as Chief Justice (1884–1897) - Thomas Moss as Chief Justice (1878–1880)
- Robert Alexander HarrisonRobert Alexander HarrisonRobert Alexander Harrison was an Ontario lawyer, judge and political figure. He represented West Toronto in the 1st Canadian Parliament as a Conservative member....
as Chief Justice (1875-1878) - J. S. Spragge
Chief Justice of Upper Canada
- William OsgoodeWilliam OsgoodeWilliam Osgoode was the first Chief Justice of Ontario, Canada.He was born William Osgood in London, England in 1754 to William Osgood. He attended Christ Church, Oxford and was called to the bar in 1779. On December 31, 1791, he was appointed first Chief Justice of Upper Canada...
1794–1801 - Henry AllcockHenry AllcockHenry Allcock was a judge and political figure in Upper and Lower Canada.His family was from Edgbaston and he was born in Birmingham, England in 1759 and studied law at Lincoln's Inn in London. He was called to the bar in 1791. In 1798, he was appointed judge in the Court of King's Bench of Upper...
1802-1806 - Thomas ScottThomas Scott (judge)Thomas Scott was a judge and political figure in Upper Canada.He was born in the parish of Kingoldrum, Angus, Scotland and studied law at Lincoln's Inn in London. He was called to the bar in 1793. In 1800, he was appointed attorney general in Upper Canada. He was appointed to the Executive Council...
1806-1816 - William Dummer PowellWilliam Dummer PowellWilliam Dummer Powell was a Loyalist lawyer, judge and political figure in Upper Canada.-Early life and education:...
1816-1825 - Sir William CampbellWilliam Campbell (jurist)Sir William Campbell was Chief Justice of the Supreme Court of Upper Canada and a resident of Toronto. He also held political appointments in both Nova Scotia and Upper Canada.He was born in Caithness, Scotland in 1758...
1825-1829 - Sir John Beverley RobinsonJohn Beverley Robinson, 1st BaronetSir John Beverley Robinson, 1st Baronet CB, was a lawyer, judge and political figure in Upper Canada.Robinson was born in 1791 at Berthier, Lower Canada, the son of Christopher Robinson, a United Empire Loyalist of one of the First Families of Virginia, whose grandfather came there in 1641 as...
1829-1862 - William Henry DraperWilliam Henry DraperWilliam Henry Draper was a lawyer, judge, and politician in Upper Canada later Canada West.-Personal life:...
1863-1867