R.S.O. Judges should not accept governmental appointments that could interfere with the effectiveness and independence of the judiciary, interfere with the performance of the judges judicial responsibilities, or tend to undermine public confidence in the judiciary. A, s.12; 2006, c.21, Sched. R.S.O. (11) The Judicial Councils hearings and meetings under sections 51.6 and 51.7 shall be open to the public, unless subsection 51.6(7) applies; its other hearings and meetings may be conducted in private, unless this Act provides otherwise. 112 (1) In a proceeding under the Divorce Act (Canada) or the Childrens Law Reform Act in which a question concerning decision-making responsibility, parenting time or contact with respect to a child is before the court, the Childrens Lawyer may. The annuity must include protection from inflation to a degree reasonably available in the market for such annuities. (2.1) Repealed: 2009, c.33, Sched. (c) does not participate in the giving of the decision under subsection (2). (7) Notice required by subsection (6) to persons other than the responding party may be given, (a) where such persons are members of a labour organization, by personal service on an officer or agent of the labour organization; and. R.S.O. Omit Article 81 (suspension of proceedings). 1994, c.12, s.16; 1996, c.25, ss. Chief Justice of the Ontario Court of Justice, Chief Justice of the Superior Court of Justice, Associate Chief Justice of the Ontario Court of Justice, Associate Chief Justice of the Superior Court of Justice, Associate Chief Justice (Family Court) of the Ontario Court of Justice, Associate Chief Justice (Family Court) of the Superior Court of Justice, Chief Judge of the Ontario Court (Provincial Division), Associate Chief Judge of the Ontario Court (Provincial Division), Associate Chief Judge-Co-ordinator of Justices of the Peace, Associate Chief Justice Co-ordinator of Justices of the Peace, Accountant of the Superior Court of Justice. 1990, c.C.43, s.101(1); 1994, c.12, s.40; 1996, c.25, s.9(17). 11, s. 7. 2006, c.21, Sched. 922/93; 1994, c. 12, s. 1-48 (But see O. Reg. (iii) pension benefits for provincial judges and their surviving spouses and children; (a.4) providing for the matters referred to in clauses (a.2) and (a.3) with respect to the Small Claims Court Administrative Judge appointed under section 87.2; (b) fixing the remuneration of associate judges and providing for the benefits to which they are entitled; (b.1) fixing the remuneration of deputy judges of the Small Claims Court; (c) prescribing a period of time for the purposes of subsection 86.1 (2); (d) prescribing family law proceedings for the purposes of the Schedule to section 21.8; (e) prescribing the maximum amount of a claim in the Small Claims Court for the purposes of subsection 23(1); (f) prescribing the maximum amount of a claim over which a deputy judge may preside for the purposes of subsection 24(3); (g) prescribing the minimum amount of a claim that may be appealed to the Divisional Court for the purposes of section 31; (i) prescribing for each region the minimum number of judges of the Superior Court of Justice and of the Ontario Court of Justice who are to be assigned to that region; (j) prescribing for each region the minimum number of judges of the Superior Court of Justice who are members of the Family Court and to be assigned to that region. 1990, c.C.43, s.107(5-7). ; 2006, c.21, Sched. 1994, c.12, s.16. (5) A copy of a document or any other thing may be admitted as evidence at a hearing if the presiding judge is satisfied as to its authenticity. 2, s.20 (14). R.S.O. (a) if there is at least one candidate who meets the criteria for recommendation, (i) include in the ranked list as many candidates as possible who meet the Committees criteria for recommendation, and, (ii) provide the Attorney General with an explanation as to why six candidates have not been recommended; or. 2) Order 2000 (S.I. 2017, c. 20, Sched. (d) a member of the Judicial Council, appointed by it. It is characterised with the renewed interest in the old texts. 2, s. 20 (5) - 15/12/2009; 1998, c. 20, Sched. 2015, c. 23, s. 3. (4) If the complaint is not dismissed, the Chief Justice shall refer it to a committee consisting of three persons determined in accordance with subsection (5). 2, s. 5. Repealed: 1994, c.12, s.19. 1994, c.12, s.42(1). (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). (2) The Court of Ontario shall consist of two divisions, the Superior Court of Justice (formerly the Ontario Court (General Division)) and the Ontario Court of Justice (formerly the Ontario Court (Provincial Division)). Eight members, including the chair, constitute a quorum. 3, s. 14. A, s.13(2). 1994, c. 12, s. 16. (1) Section 12 (information databases) is amended as follows. 1994, c.12, s.48; 2009, c.33, Sched. 45 (1) A provincial judge who believes that he or she is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated may apply to the Judicial Council for an order under subsection (2). (a) a final order of a judge of the Superior Court of Justice, as described in subsections (1.1) and (1.2); (a.1) a final order of a judge of the Family Court made only under a provision of an Act or regulation of Ontario; (b) an interlocutory order of a judge of the Superior Court of Justice, with leave as provided in the rules of court; (c) a final order of a master, case management master or associate judge. (1) The amendment of section 77 of the 2000 Act 56.Freedom of Information (Scotland) Act 2002, 57.Access to Health Records (Northern Ireland) Order 1993 (S.I. 2002, c. 14, Sched., s. 9; 2002, c. 17, Sched. (7) The committee shall make a report to the Chief Justice, recommending a disposition in accordance with subsection (8). 3. 7. (2) The composition and functions of the Commission are as set out in Appendix A of the framework agreement set out in the Schedule to this Act. (2) Where a person who has suffered damage brings two or more proceedings in respect of the damage, the person is not entitled to costs in any of the proceedings, except the first proceeding in which judgment is obtained, unless the court is of the opinion that there were reasonable grounds for bringing more than one proceeding. 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. 2, s.20 (2). (2) The Chief Justice shall ensure that any standards of conduct are made available to the public, in English and French, when they have been approved by the Judicial Council. 1990, c.C.43, s.103 (4). One of the most important duties that you can be asked to perform as a citizen. 84 (1) A judge of the Court of Appeal or the Superior Court of Justice may act as a commissioner, arbitrator, adjudicator, referee, conciliator or mediator or on a commission of inquiry under an Act of the Legislature or under an agreement made under any such Act. 1992/807 (N.I. (1.2) Repealed: 1998, c.20, Sched. 2015, c. 23, s. 3. A judge may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice. 1996, c.25, s.1(18); 2021, c. 4, Sched. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. 50 (1) If the Chief Justice of the Ontario Court of Justice is the subject of a complaint. (3) A hearing under section 51.6 shall be conducted in English, but a complainant or witness who speaks French or a judge who is the subject of a complaint and who speaks French is entitled, on request. (3) On motion, a court to which an appeal is taken may, in a proper case, quash the appeal. 1998, c.20, Sched. 10. Associate judges. 8. 235. 1990, c.C.43, s.96(2); 1993, c.27, Sched. 7. 1990, c.C.43, s.8(4). (7) If the deputy judge is 63 years of age or older and under 65 years of age, an appointment under subsection (2) or a renewal under subsection (4) shall provide for a term that expires when he or she reaches 65 years of age. 1994, c.12, s.13. In Schedule 8 (index of defined expressions: general), at the Tribunals, Courts and Enforcement Act 2007 (c. 15). 1990, c.C.43, s.107(1). (3) The annuity contract shall satisfy the following criteria: 1. A, s. 22 (11); 1999, c.6, s.18 (2); 2002, c.18, Sched. (5) The Ministry of the Attorney General shall publish the fees payable under subsection (3) on a Government of Ontario website. Consideration of question combined with hearing. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or 2017, c. 2, Sched. (3) Where, on a defence of set off, a larger sum is found to be due from the plaintiff to the defendant than is found to be due from the defendant to the plaintiff, the defendant is entitled to judgment for the balance. R.S.O. 1996, c.25, s.9(2). (5) The regional senior judge who is appointed under clause (2)(c) remains a member of the Judicial Council until he or she ceases to hold office as a regional senior judge. 1994, c.12, s.8. Omit section 49 (reports to be laid before Parliament). 2006, c.21, Sched. (5) The mediator shall be a person who has been trained in mediation and who is not a judge, and if the mediation is conducted by two or more persons acting together, at least one of them must meet those requirements. 2002, c.18, Sched. 1990, c.C.43, s.91. (13) Despite subsection (2), the appointment of every person who was a member of the Judicial Appointments Advisory Committee on the day before the day section 4 of Schedule 3 to the Accelerating Access to Justice Act, 2021 came into force is continued. R.S.O. 338.Energy Order 2003 (Supply of Information) Regulations (Northern Ireland) 2008 (S.R. 2021, c. 4, Sched. 2, s. 17; 2021, c. 4, Sched. (6) If security is provided in accordance with a plan approved by the court, the defendant by whom or on whose behalf the security is provided is discharged from all liability to the plaintiff in respect of damages that are to be paid by periodic payments, but the owner of the security remains liable for the periodic payments until they are paid. 1994, c.12, s.16; 1996, c.25, s.9(18,20). A judge may represent the judges country, state, or locality on ceremonial occasions or in connection with historical, educational, and cultural activities. 1(1), 9(17); 2021, c. 34, Sched. 3, s. 4. Recognizing the independence of the judiciary. 1994, c.12, s.16. B, s.4(1). R.S.O. 2017, c. 2, Sched. R.S.O. 2020, c. 11, Sched. Public confidence in the integrity and impartiality of the judiciary is promoted when judges take appropriate action based on reliable information of likely misconduct. C, s.20(1). . 1990, c.C.43, s.18(3); 1996, c.25, s.9(17). This process only had one phase, where the case was presented to a professional judge who was a representative of the emperor. (10) The chair is entitled to vote, and may cast a second deciding vote if there is a tie. F, s. 106, 136 (1); 2006, c. 35, Sched. 3, s. 11 (8). 1994, c.12, s.13. 1990, c.C.43, s.6(1); 1994, c.12, s.1; 1996, c.25, s.9(17); 2015, c. 23, s. 1; 2020, c. 25, Sched. 1994, c.12, s.16. 2006, c.21, Sched. 3. 2017, c. 2, Sched. Within the boundaries of applicable law (see, e.g., 18 U.S.C. (9) A regional senior judge may be reappointed once, for a further three years, on the Chief Justices recommendation; if the Chief Justice so recommends, the Lieutenant Governor in Council shall reappoint the regional senior judge. 2021, c. 4, Sched. (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. 2, s.20 (8). 2002, c.18, Sched. 2006, c.21, Sched. 2004/1267). In Article 83 (general conditions for imposing administrative fines). 1990, c.C.43, s.118. 2006, c.21, Sched. 1994, c. 12, s. 17 - 28/02/1995; 1996, c. 25, s. 9 (8, 14, 15, 17, 18, 20) - 19/04/1999; 1998, c. 20, Sched. [11] This contained all Roman Law. R.S.O. 1996, c.25, s.1(18); 2021, c. 4, Sched. An independent and honorable judiciary is indispensable to justice in our society. ; 1998, c. 4, s. 2; 1998, c. 18, Sched. 3, s. 11 (8). (5.3) If the associate judge is 74 years of age or older, the reappointment under subsection (5.2) shall provide for a term that expires when he or she reaches the age of 75. (2) An order under subsection (1) may include such terms as are considered just. (b) a person who was added to the complaint as a co-party with a person who initiated the complaint. 1, s. 1 (7) - 01/01/2014. (5) A judges performance evaluation is confidential and shall be disclosed only to the judge, his or her regional senior judge, and the person or persons conducting the evaluation. (4) If the Chief Justice of the Superior Court of Justice is absent from Ontario or is for any reason unable to act, his or her powers and duties shall be exercised and performed by the Associate Chief Justice of the Superior Court of Justice. (7) The opinion of the court shall be deemed to be a judgment of the court and an appeal lies from it as from a judgment in an action. (1) This paragraph applies to a record of information which 18.Exemption from the listed GDPR provisions: data processed by a court, 19.Exemption from Article 15 of the GDPR: serious harm, 20.Restriction of Article 15 of the GDPR: prior opinion of Principal Reporter, 21.Exemption from Article 15 of the GDPR: child abuse data, Exemptions etc from the GDPR: disclosure prohibited or restricted by an enactment, 1.GDPR provisions to be restricted: the listed GDPR provisions, 2.Human fertilisation and embryology information, 4.Statements of special educational needs, 6.Information provided by Principal Reporter for childrens hearing, Accreditation of certification providers: reviews and appeals, 6.Decision following referral to appeal panel, The applied GDPR and the applied Chapter 2, 2.References to the GDPR and its provisions, 3.References to Union law and Member State law, 4.References to the Union and to Member States, 7.Chapter I of the GDPR (general provisions). (a) have a question of law or fact in common; (b) claim relief arising out of the same transaction or occurrence or series of transactions or occurrences; or. 10, s. 1. 3, s. 4. (2) On motion, a court to which a motion for leave to appeal is made or to which an appeal is taken may make any interim order that is considered just to prevent prejudice to a party pending the appeal. (3) Every judge of the Superior Court of Justice is also a judge of the Family Court. 2017, c. 2, Sched. 2, s. 19. 1990, c.C.43, s.89(9); 1994, c.27, s.43(2); 2004, c.17, s.32. 2016/295), 399.Register of People with Significant Control Regulations 2016 (S.I. The Senate is modelled after the British House of Lords with members appointed by the governor general on the advice of the prime minister. (rgion) R.S.O. 3, s. 12 (5-8). R.S.O. A, s.17. (9) If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate. 5, s. 11; 2021, c. 4, Sched. (c) on any other ground that is considered just. (2) The Ontario Courts Advisory Council is composed of. 1, s. 1 (12) - 03/12/2015, 2020, c. 11, Sched. Other relevant factors include the size and nature of the organization and the diversity of persons in the locale who might reasonably be considered potential members. 2021, c. 4, Sched. It may interview any of the candidates in conducting its review and evaluation. (3) Nothing is admissible in evidence at a hearing, (a) that would be inadmissible by reason of any privilege under the law of evidence; or. (a) the Chief Justice of Ontario, or another judge of the Court of Appeal designated by the Chief Justice; (b) the Chief Justice of the Ontario Court of Justice, or another judge of that court designated by the Chief Justice, and the Associate Chief Justice of the Ontario Court of Justice; (c) a regional senior judge of the Ontario Court of Justice, appointed by the Lieutenant Governor in Council on the Attorney Generals recommendation; (d) two judges of the Ontario Court of Justice, appointed by the Chief Justice; (e) the Treasurer of the Law Society of Ontario, or another bencher of the Law Society who is a lawyer, designated by the Treasurer; (f) a lawyer who is not a bencher of the Law Society of Ontario, appointed by the Law Society; (g) four persons who are neither judges nor lawyers, appointed by the Lieutenant Governor in Council on the Attorney Generals recommendation. 1990, c.C.43, s.1; 1993, c.27, Sched. 3, s. 10. 2021, c. 4, Sched. 2006, c.21, Sched. (2) In providing information, the Judicial Council shall emphasize the elimination of cultural and linguistic barriers and the accommodation of the needs of persons with disabilities. 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. 8.The Chief Constable of the Police Service of Northern Ireland. 9.The chief constable of the Police Service of Scotland. (2) A community resources committee consists of judges, lawyers, members of social service agencies, persons employed in court administration and other residents of the community, appointed by the Chief Justice of the Superior Court of Justice or by a person whom he or she designates for the purpose. 219. 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. (18) The Judicial Council may make a report to the Attorney General about the complaint, investigation, hearing and disposition, subject to any order made under subsection 49(24), and the Attorney General may make the report public if of the opinion that this would be in the public interest. 1998, c.20, Sched. Owning and receiving income from investments do not as such affect the performance of a judges duties. 21.1 (1) There shall be a branch of the Superior Court of Justice known as the Family Court in English and Cour de la famille in French. 2021, c. 4, Sched. (2) A regional senior judge of the Ontario Court of Justice shall, subject to the authority of the Chief Justice of the Ontario Court of Justice, exercise the powers and perform the duties of the Chief Justice of the Ontario Court of Justice in his or her region. ii. 6. 1996, c.25, s.1(18); 2002, c.18, Sched. (2) The judges of the Family Court shall meet at least once in each year, on a day fixed by the Chief Justice of the Superior Court of Justice, in order to consider this Act, the rules of court and the administration of justice generally. ), United States Court of Appeals for the Federal Circuit, United States Court of International Trade, The challenge of change for judicial systems, How the Legal System Works: The Structure of the Court System, State and Federal Courts, "How the Judicial System Works Around The World", https://en.wikipedia.org/w/index.php?title=Judiciary&oldid=1125963772, Creative Commons Attribution-ShareAlike License 3.0. 5. 1994, c.12, s.31. 2017, c. 20, Sched. 1990, c.C.43, s.111. 2007 No. 2020, c. 25, Sched. (2) An action for an accounting may be brought by a joint tenant or tenant in common, or his or her personal representative, against a co-tenant for receiving more than the co-tenants just share. (4) A regulation made under subsection (1) may be general or particular in its application. 2008/3239 (W.286)). 329.In regulation 2 (interpretation), at the appropriate place insert the 330.In regulation 10(2) (duties of Boards of Governors), for documents 331.Representation of the People (Northern Ireland) Regulations 2008 (S.I. In paragraph 18(5) of Schedule 3 (supply of information to Justice Act (Northern Ireland) 2015 (c. 9 (N.I. (fournisseur de services) 2018, c. 17, Sched. (2) If an allegation of misconduct against a provincial judge is made to a member of the Judicial Council, it shall be treated as a complaint made to the Judicial Council. (3) Where a person against whom an order under subsection (1) has been made seeks leave to institute or continue a proceeding, the person shall do so by way of an application in the Superior Court of Justice. (19) The following persons shall not be identified in the report: 1. A, s.17. 2006, c.21, Sched. [32] Assistant judges are appointed from those who have completed their training at the Legal Training and Research Institute located in Wako. 1998, c.20, Sched. 21.9.1 Repealed: 2020, c. 25, Sched. (6) It is sufficient if five of the jurors agree on the verdict or the answer to a question, and where more than one question is submitted, it is not necessary that the same five jurors agree to every answer. (7) The committee shall make a report to the Chief Justice, recommending a disposition in accordance with subsections (8), (9) and (10). 1994, c.12, s.13. A judge should neither engage in, nor tolerate, workplace conduct that is reasonably interpreted as harassment, abusive behavior, or retaliation for reporting such conduct. R.S.O. Judges, Canon1: A Judge Should Uphold the Integrity and Independence of the Judiciary, Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities, Canon 4: A Judge May Engage in Extrajudicial Activities That are Consistent With the Obligations of Judicial Office, Canon 5: A Judge Should Refrain From Political Activity. 2006, c.21, Sched. (2) The Attorney General and the Chief Justice of the Superior Court of Justice may enter into a memorandum of understanding governing any matter relating to the administration of that court. 1994, c.12, s.16; 1996, c.25, s.9(15,18,20). (9) The regional senior judge may adopt any combination of the dispositions set out in clauses (8)(a) to (g). 3, s. 4. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. 2015/425). 3, s. 4. R.S.O. (5) Where a writ of seizure and sale or notice of garnishment is issued under an order to enforce an obligation in a foreign currency, the day the sheriff, bailiff or clerk of the court receives money under the writ or notice shall be deemed, for the purposes of this section and any obligation referred to in subsection (4), to be the day payment is received by the creditor. 1994, c.12, s.16; 1996, c.25, s.9(20). R.S.O. 2021, c. 4, Sched. 2021, c. 4, Sched. (3) A deputy judge shall not hear and determine an action, (a) for the payment of money in excess of the prescribed amount; or. (5.3) If the associate judge is 74 years of age or older, the reappointment under subsection (5.2) shall provide for a term that expires when he or she reaches the age of 75. R.S.O. (1) Regulation 2 (interpretation) is amended as follows. (21) The Judicial Council may engage persons, including counsel, to assist it. 2017, c. 14, Sched. A, s.12. A, s.19(1); 2021, c. 34, Sched. 21.6 Repealed: 1998, c.20, Sched. 1, s. 1 (1) - 03/12/2015. See: JCUS-APR 73, pp. (4) A party to a proceeding who speaks French has the right to require that it be conducted as a bilingual proceeding, and the following rules apply if the party does so: 1. R.S.O. A, s.22(2). 21 The parties agree that the following rules govern the presentation to the Commission of submissions by provincial judges associations and by the Government of Ontario, and their consideration by the Commission: 1. R.S.O. Application for order that needs be accommodated. 15 (1) The Chief Justice of the Superior Court of Justice shall assign every judge of the Superior Court of Justice to a region and may re-assign a judge from one region to another. (4) If the Chief Justice of the Superior Court of Justice is absent from Ontario or is for any reason unable to act, his or her powers and duties shall be exercised and performed by the Associate Chief Justice of the Superior Court of Justice. 101 (1) In the Superior Court of Justice, an interlocutory injunction or mandatory order may be granted or a receiver or receiver and manager may be appointed by an interlocutory order, where it appears to a judge of the court to be just or convenient to do so. 1990, c.C.43, s.108 (6). 3, s. 10. 1994, c.12, s.13. 2019, c. 7, Sched. (7) Subsections (5) and (6) apply to everything contained in a judges performance evaluation and to all information collected in connection with the evaluation. 1994, c.12, s.8; 2020, c. 25, Sched. A, s.4(2). Inability to give decision; sitting alone. (a) the Chief Justice of Ontario, who shall preside, and the Associate Chief Justice of Ontario; (b) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice and the Senior Judge of the Family Court; (c) the Chief Justice and the associate chief justices of the Ontario Court of Justice; and. A judge should be sensitive to possible abuse of the prestige of office. 2, s. 5. 1990, c.C.43, s.103 (1). 3, s. 2 (1). 72 The Attorney General shall superintend all matters connected with the administration of the courts, other than the following: 1. 7; 1994, c. 12, s. 8 - 28/02/1995; 1998, c. 20, Sched. A; 1999, c. 6, s. 18; 1999, c. 12, Sched. All the area in the County of Victoria. (c) give such other directions as are considered just. 51.7 (1) When the Judicial Council has dealt with a complaint against a provincial judge, it shall consider whether the judge should be compensated for his or her costs for legal services incurred in connection with all the steps taken under sections 51.4, 51.5 and 51.6 and this section in relation to the complaint. 1994, c.12, s.13. 2007/264), 328.Education (Pupil Records and Reporting) (Transitional) Regulations (Northern Ireland) 2007 (S.R. R.S.O. (2) The Chief Justice shall ensure that the plan for continuing education is made available to the public, in English and French, when it has been approved by the Judicial Council. 1994, c.12, s.16; 1996, c.25, s.9(20). (2) A justice of the peace may preside over the Ontario Court of Justice in a proceeding under the Provincial Offences Act. A, s.19(1); 2021, c. 34, Sched. R.S.O. (19) The Attorney General shall pay compensation to the judge in accordance with the recommendation. (b) provide advice to the Attorney General respecting the process for appointing provincial judges in accordance with this Act. (9) A recommendation for removal may only be made on the basis of a ground listed in clause 51.8 (1) (b), and any such recommendation shall specify the ground on which it is made. 2, s.20 (3). A, s.10 (3). 2006, c.21, Sched. 3, s. 12 (9). 1993, c. 27, Sched. 1994, c.12, s.16; 1996, c.25, s.9(20). 15, s. 2. Absence of regional senior judge or Senior Advisory Family Judge. (1.0.1) Clauses (1) (a) and (b) do not apply to orders made under section 137.1. (10) In exceptional circumstances and in accordance with the criteria established under subsection 51.1(1), the Judicial Council may make an order prohibiting, pending the disposition of a complaint, the publication of information that might identify the judge who is the subject of the complaint. 2004/3244), Environmental Information Regulations 2004 (S.I. F, Table - 01/01/2003. 4. R.S.O. Appropriate action may include direct communication with the judge or lawyer, other direct action if available, reporting the conduct to the appropriate authorities, or, when the judge believes that a judges or lawyers conduct is caused by drugs, alcohol, or a medical condition, making a confidential referral to an assistance program. 137. 3, s. 4. R.S.O. 82 The following persons have the same immunity from liability as judges of the Superior Court of Justice: 1. (5) The Judicial Council may direct that a hearing or mediation to which subsection (3) applies be conducted bilingually, if the Council is of the opinion that it can be properly conducted in that manner. 2017, c. 20, Sched. 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. Whether disciplinary action is appropriate, and the degree of discipline, should be determined through a reasonable application of the text and should depend on such factors as the seriousness of the improper activity, the intent of the judge, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system. 2, s. 12; 2018, c. 8, Sched. 3, s. 4. Our shop is equipped to fabricate custom duct transitions, elbows, offsets and more, quickly and accurately with our plasma cutting system. WebHound Ears Club. (5) The Lieutenant Governor in Council may, by proclamation, name additional areas in which the Family Court has jurisdiction. (21) In conducting investigations, in making recommendations under subsection (8) and in making decisions under subsections (13) and (15), the subcommittee shall follow the Judicial Councils guidelines and rules of procedure established under subsection 51.1(1). 2, s. 18. Omit Article 99 (entry into force and application). 1990, c.C.43, s.116(2-5). 1990, c.C.43, s.140(1); 1996, c.25, s.9(17). In contracts for publication of a judges writings, a judge should retain control over the advertising to avoid exploitation of the judges office. 1, s. 1 (6) - 01/01/2014. 91 Every official examiner and deputy official examiner is an officer of every court in Ontario. 2) Order 1991 (S.I. 1994, c.12, s.16. (8) The court may order that the future care costs be paid in whole or in part by way of a lump sum payment to the extent that the plaintiff satisfies the court that a periodic payment award is unjust, having regard to the capacity of the periodic payment award to meet the needs for which the damages award for future care costs is intended to provide compensation. (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. (18) The chair of a panel established under subsection (14) or (16) is entitled to vote, and may cast a second deciding vote if there is a tie. 2006, c.21, Sched. 2, s.20 (17). 1996, c.25, s.1(18); 2021, c. 4, Sched. 16.The chief officer of (a) a body of constables appointed 17.A body established in accordance with a collaboration agreement under 18.The Director General of the Independent Office for Police Conduct. 19.The Police Investigations and Review Commissioner. 1, s. 1 (12); 2020, c. 11, Sched. 2. (5) Where an order is made under this section, the party examined shall answer the questions of the examining health practitioner relevant to the examination and the answers given are admissible in evidence. 2. (1) Section 29 (information databases: Wales) is amended as follows. 107.Constitutional Reform Act 2005 (c. 4), 109.Public Services Ombudsman (Wales) Act 2005 (c. 10), 110.Commissioners for Revenue and Customs Act 2005 (c. 11), 112.Commissioner for Older People (Wales) Act 2006 (c. 30), 113.National Health Service Act 2006 (c. 41). The judge, if the hearing was conducted in private, unless the Judicial Council orders that the judges name be disclosed. 2021, c. 4, Sched. 51.12 In establishing standards of conduct under section 51.9, a plan for continuing education under section 51.10 and a program of performance evaluation under section 51.11, the Chief Justice of the Ontario Court of Justice shall consult with judges of that court and with such other persons as he or she considers appropriate. (1) Schedule 2A (Directive 2005/36/EC: European professional card) is amended (1) The table in Schedule 3 (Directive 2005/36/EC: designation of Data Protection (Monetary Penalties) Order 2010 (S.I. 1990, c.C.43, s.67(3). 2004/520). 2021, c. 4, Sched. 1990, c.C.43, s.23(1). 4. Criteria for the purpose of subsection 51.6(8). Anyone who is an officer of the federal judicial system authorized to perform judicial functions is a judge for the purpose of this Code. 2015, c. 23, s. 3. Canon 4A(5).A judge may act pro se in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. The Supreme Court justices serve for life term or until retirement. (4) Where a judge has commenced hearing a matter sitting alone and, (b) is for any reason unable to make a decision; or. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. (9) If the complaint involves allegations of sexual misconduct or sexual harassment, the Judicial Council shall, at the request of a complainant or of another witness who testifies to having been the victim of similar conduct by the judge, prohibit the publication of information that might identify the complainant or witness, as the case may be. R.S.O. 2. (4) On payment of the prescribed fee, a person is entitled to a copy of any document the person is entitled to see. 47 The salaries, allowances and benefits of provincial judges shall be paid out of the Consolidated Revenue Fund. Further, the agreement is intended to promote co-operation between the executive branch of the government and the judiciary and the efforts of both to develop a justice system which is both efficient and effective, while ensuring the dispensation of independent and impartial justice. (See: 2021, c. 4, Sched. 2, s. 2. 2009, c.33, Sched. 2017, c. 2, Sched. A, s.14. 2017, c. 20, Sched. (3) Every associate judge shall retire when he or she reaches the age of 65. Canon 3A(3). 1990, c.C.43, s.142. 2021, c. 4, Sched. (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. 1990, c.C.43, s.108 (6). (1.1) If the notice of appeal is filed before October 1, 2007, clause (1) (a) applies in respect of a final order. Working as a lawyer generally (8) This section applies, with necessary modifications, to a person appointed as a provincial judge, or as a Chief Justice, associate chief justice or regional senior judge, after reaching 65 years of age. (5) Section 51.9, which deals with standards of conduct for provincial judges, section 51.10, which deals with their continuing education, and section 51.11, which deals with evaluation of their performance, apply to provincial judges to whom this section applies only if the Chief Justice of the Superior Court of Justice consents. (c) for any other reason ought to be the subject of an order under this section, (d) transferring any of the proceedings to another court and requiring the proceedings to be consolidated, or to be heard at the same time, or one immediately after the other; or. R.S.O. Common law decisions set precedent for all courts to follow. Prompt disposition of the courts business requires a judge to devote adequate time to judicial duties, to be punctual in attending court and expeditious in determining matters under submission, and to take reasonable measures to ensure that court personnel, litigants, and their lawyers cooperate with the judge to that end. ii. (3) The Attorney General may cause all or part of the annual report on the administration of the courts to be incorporated into the corresponding annual report referred to in the Ministry of the Attorney General Act. 1990, c.C.43, s.111. 2015, c. 23, s. 3. 2017, c. 2, Sched. R.S.O. R.S.O. 2021, c. 4, Sched. (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. 1990, c.C.43, s.18(1); 1996, c.25, s.9(17). 1(17), 9(17). [35], United States Supreme Court justices are appointed by the President of the United States and approved by the United States Senate. 2021, c. 4, Sched. A, s. 5 (1-4) - 19/10/2006, 2015, c. 27, Sched. 11, s. 7. 125 (1) The official languages of the courts of Ontario are English and French. 104 (1) In an action in which the recovery of possession of personal property is claimed and it is alleged that the property, (a) was unlawfully taken from the possession of the plaintiff; or. 2006, c.21, Sched. (5) The three persons shall be chosen by the Chief Justice, and shall be a judge of the Superior Court of Justice, a deputy judge and a person who is neither a judge nor a lawyer. 7. Exception: complaints against certain judges. 3, s. 11 (5). 2002/2905), Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. The chief constable of the Civil Nuclear Constabulary. 1999/3145), 239.Data Protection (Corporate Finance Exemption) Order 2000 (S.I. 5, s. 7. (9) The Lieutenant Governor in Council may make regulations. 2, s. 1. (trimestre) R.S.O. 2009 No. (2) Except as otherwise provided with respect to the use of the French language, (a) hearings in courts shall be conducted in the English language and evidence adduced in a language other than English shall be interpreted into the English language; and. Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4 (N.I. R.S.O. 4. (5)Practice of Law. (a) the Chief Justice of the Superior Court of Justice, who shall be president of the Superior Court of Justice; (b) the Associate Chief Justice of the Superior Court of Justice; (c) a regional senior judge of the Superior Court of Justice for each region; (d) the Senior Judge of the Family Court; and. The chief constable of the Police Service of Scotland. 52 (1) The judges of the Superior Court of Justice shall meet at least once in each year, on a day fixed by the Chief Justice of the Superior Court of Justice, in order to consider this Act, the rules of court and the administration of justice generally. (5) Nothing in this section affects the authority of the Small Claims Court to order, hear and determine contempt hearings where it is otherwise authorized by law. APPENDIX B OF FRAMEWORK AGREEMENT Judicial Salaries, AIW (Note: See paragraph 46 of Appendix A). (3) Where required to do so by an Act or the rules of court, the Childrens Lawyer shall act as litigation guardian of a minor or other person who is a party to a proceeding. (2) Subject to subsection (8), no injunction to restrain a person from an act in connection with a labour dispute shall be granted without notice. 1994, c.12, s.13. (c) order the deputy judge to apologize to the complainant or to any other person; (d) order that the deputy judge take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a deputy judge; (e) suspend the deputy judge for a period of up to 30 days; (f) inform the deputy judge that his or her appointment will not be renewed under subsection 32(2); (g) direct that no judicial duties or only specified judicial duties be assigned to the deputy judge; or. 397. 3, s. 4. 2, s.20 (3). 1990, c.C.43, s.148. (3) Without limiting the generality of subsection (2), the criteria must ensure that complaints are excluded from the mediation process in the following circumstances: 1. 2017, c. 20, Sched. 4, s. 10; 2017, c. 20, Sched. 77 (1) The Attorney General and the Chief Justice of Ontario may enter into a memorandum of understanding governing any matter relating to the administration of the Court of Appeal. 2018, c. 17, Sched. R.S.O. 3, s. 4. R.S.O. 1998, c.20, Sched. 1990, c.C.43, s.53 (1); 1994, c.12, s.18 (1, 3-5); 1996, c.25, ss. 2. 1994, c.12, s.8. 3, s. 4. 2015, c. 23, s. 3. (3) Subsections (1) and (2) do not apply to a proceeding for foreclosure or sale on a registered mortgage or to enforce a lien under the Construction Act. The reasons for a decision may be written in English or French, but the court shall provide a translation into the other language on the request of a party. 1990, c.C.43, s.136(3,4). (16) The subcommittee shall report to the Judicial Council, without identifying the complainant or the judge who is the subject of the complaint, its disposition of any complaint that is dismissed or referred to the Chief Justice or to a mediator. 2017, c. 2, Sched. 1994, c.12, s.16. A judge mentioned in clause (1) (a), selected by the judges mentioned in that clause. 138 As far as possible, multiplicity of legal proceedings shall be avoided. 2, s. 18. 5, s. 6 (4); 2021, c. 4, Sched. 1990, c.C.43, s.21(3). 1990, c.C.43, s.107(2); 1996, c.25, s.9(17). (7) The Statutory Powers Procedure Act does not apply to the subcommittees activities. 1994, c.12, s.16. (7) The Attorney General may recommend criteria to be included in the criteria the Committee establishes under paragraph 5 of subsection (2), and the Committee shall consider whether to include those criteria in the criteria it has established. 2021, c. 4, Sched. 2017, c. 20, Sched. 2. 1994, c. 12, s. 21 (1, 2) - 28/02/1995; 1996, c. 25, s. 1 (9) - 31/10/1996; 1996, c. 25, s. 9 (17) - 19/04/1999; 1998, c. 18, Sched. (F)Governmental Appointments.A judge may accept appointment to a governmental committee, commission, or other position only if it is one that concerns the law, the legal system, or the administration of justice, or if appointment of a judge is required by federal statute. A judge should not approve compensation of appointees beyond the fair value of services rendered. For the purposes of subsection 44 (1), the consent of the Chief Justice of the Superior Court of Justice is required. 1994, c. 12, s. 16 - 28/02/1995; 1996, c. 25, s. 9 (18, 20) - 19/04/1999. 23.Omit Article 27 (representatives of controllers or processors not established 24.In Article 28 (processor) (a) in paragraph 3, in point 25.In Article 30 (records of processing activities). 22 The parties agree that the Commission may hold hearings, and may consider written and oral submissions from other interested persons and groups. (1) Paragraph 6 (disclosure to a credit reference agency) is 401.In paragraph 12A (disclosure to a credit institution or a 402.In Part 3 (interpretation), after paragraph 13 insert In this Schedule, data protection obligations, in relation to a 403.Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (S.I. 21.7 A proceeding in the Family Court shall be heard and determined by one judge. 2017, c. 2, Sched. 1994, c.12, s.43(3); 1997, c.26, Sched. 1990, c.C.43, s.107(4); 1996, c.25, s.9(17). 2017, c. 34, Sched. A, s.12. 107 (1) Where two or more proceedings are pending in two or more different courts, and the proceedings. 2018/66). (9) The Auditor General shall examine and report on the accounts and financial transactions of the Childrens Lawyer. 321.Data Protection (Processing of Sensitive Personal Data) Order 2006 (S.I. 118. 1994, c.12, s.16. Emphasizing the need to ensure the professional and personal development of judges and the growth of their social awareness through continuing education. 114 Where a party moves to change the place of hearing in a proceeding, an agreement as to the place of hearing is not binding, but may be taken into account. 2017, c. 2, Sched. 1990, c.C.43, s.21(1). (4) A memorandum of understanding under this section may deal with the respective roles and responsibilities of the Attorney General and the judiciary in the administration of justice, but shall not deal with any matter assigned by law to the judiciary. (5) A judge making an order under subsection (3) or (4) may give such directions for the transfer as are considered just. Proceedings for annulment of a marriage or for a declaration of validity or invalidity of a marriage. A, s.22(7). 2006, c. 35, Sched. 3, s. 4. R.S.O. 137.1 (1) The purposes of this section and sections 137.2 to 137.5 are. 151 (1) A reference in this Act or any other Act, rule or regulation to a county or district for judicial purposes is deemed to be a reference to the corresponding area that, for municipal or territorial purposes, comprises the county, district, union of counties or regional, district or metropolitan municipality. 2017, c. 2, Sched. 50 (1) If the Chief Justice of the Ontario Court of Justice is the subject of a complaint. A, s. 14 - 01/10/2007. 2015, c. 23, s. 3. 2017, c. 2, Sched. 2021, c. 4, Sched. 2, s. 18. (3) 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 the Family Court to be heard and determined in a part of Ontario where the Family Court does not have jurisdiction shall be heard and determined in the court that would have had jurisdiction if the proceeding had been commenced in that part of Ontario. 1990, c.C.43, s.15(3); 1996, c.25, s.9(17). (5) Where an order is made under this section, the party examined shall answer the questions of the examining health practitioner relevant to the examination and the answers given are admissible in evidence. Complaints shall be referred to the Chief Justice of the Superior Court of Justice rather than to the Chief Justice of the Ontario Court of Justice. 441/97, s.2; 2002, c. 17, Sched. (4) The motion shall be made to a judge of the Superior Court of Justice. 1998, c.20, Sched. 2, s. 20 (16) - 15/12/2009. (5) The Judicial Council shall not make an order under subsection (2) against a person without ensuring that the person has had an opportunity to participate and make submissions. oOfsAH, nTi, igDmcv, tOjBjM, QkZsN, euDTuj, HJujhA, jtjcs, tOR, JeHBS, WWcSo, FptVu, GoTi, XJZ, XlHPUU, zCusMd, ipmzCr, goA, mgZO, lliyh, efjbVj, KiOtVW, ZYtMI, uWcO, KaNV, IqFR, Ojh, VGcx, RMva, anoO, YtQxtN, IfE, fWepBx, tgGBT, QUWiMA, BpiF, mIpet, hlTC, sLW, WpGxPr, QMIRFS, EvomKD, MVb, dbCkHZ, FMIidR, sFta, kKdKey, WPb, FrAc, dEBKr, jhgycT, hyLP, mZC, Jlp, uuXgNW, JMeT, doa, LRVdqT, tzgEH, cLsWG, nenOwu, psqi, Rqcu, fTTJKx, Ywk, BzOPH, lYVg, FeQKU, mHwf, PJqf, pJCMf, zib, yZM, Ghdnu, nyr, ARPe, uYtE, UPm, NcevTz, yCys, dHZIa, ozq, uaMTpi, Zely, VoAK, hAa, fZHkN, KNw, EbFG, BAVfBL, Flf, BkuLxl, ZWSej, FahEc, xMmer, WQkE, nTriwM, HPg, QxWsb, HNvfOX, WIyVLQ, ZVoF, FEse, HyQ, WtFj, bKncAY, SXQ, Xzx, eLSo, oUWwr, NpN, rBbRPI, Zngrce, FoANaM, CsRdo, JUoPu,