Court of Appeal for Ontario

Canadian provincial appellate court

Court of Appeal for Ontario

The Royal Arms as displayed at Osgoode Hall

Established| 1867
Jurisdiction| Ontario
Location| Osgoode Hall, Toronto
Authorised by| Courts of Justice Act
Appeals to| Supreme Court of Canada
Number of positions| 23 (plus supernumeraries)
Website| ontariocourts.ca/coa
Chief Justice of Ontario
Currently| Michael Tulloch
Since| December 19, 2022

The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto (also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice).

## Description

[edit]

The Court is composed of 22 judicial seats, in addition to 10 justices who currently sit supernumerary.[1] They 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 for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario.[2]

Among the Court of Appeal's most notable decisions was the 2003 ruling in Halpern v Canada (AG) that found defining marriage as between one man and one woman to violate Section 15 of the Canadian Charter of Rights and Freedoms, legalizing same-sex marriage in Ontario and 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 Mahmud Jamal, as well as Bertha Wilson, who was the first female justice on both the Court of Appeal for Ontario (1975) and the Supreme Court of Canada (1982).

The Court of Appeal derives its jurisdiction from Ontario's Courts of Justice Act.

## Current judges

[edit]

A courtroom at Osgoode Hall. Over the dais are the Royal Arms of the United Kingdom, which until 1931 were the Royal Arms for general purposes throughout the British Empire. The Statute of Westminster 1931 effectively elevated the Royal Arms of Canada to the position of the King's Royal Arms for general purposes across Canada, which is why the Royal Arms of Canada are now used in courtrooms built since 1931 to represent the Canadian Crown. Position  | Name  | Appointed  | Nominated by  | Position(s) Prior to Appointment*

|
|
|
|

Chief Justice  | Michael Tulloch[3] | 30 June 2012
19 December 2022 (as chief)  | Harper
J. Trudeau  | Superior Court of Justice (2003 to 2012)
Private practice
Associate Chief Justice  | J. Michal Fairburn[4] | 18 July 2017
3 September 2020 | J. Trudeau  | Superior Court of Justice (December 16, 2014 to July 18, 2017)
Stockwoods

Ontario Crown Law Office

Justice  | Jill Copeland  | 28 March 2022 | J. Trudeau  | Superior Court of Justice (2017 to 2022)
Ontario Court of Justice (2014 to 2017)

Justice  | Steve A. Coroza[5] | 6 April 2020 | J. Trudeau  | Superior Court of Justice (2013 to 2020)
Ontario Court of Justice (2009 to 2013)

Justice  | Jonathan Dawe  | 6 November 2023 | J. Trudeau  | Superior Court of Justice (2018 to 2023)
Justice  | Jonathon George  | 20 December 2021 | J. Trudeau  | Superior Court of Justice (2016 to 2021)
Ontario Court of Justice (2012 to 2016)

Justice  | Lise Favreau  | 20 December 2021 | J. Trudeau  | Superior Court of Justice (2017 to 2021)
Justice  | Sally Gomery  | 6 November 2023 | J. Trudeau  | Superior Court of Justice (2017 to 2023)
Justice  | C. William Hourigan[6] | 2 October 2013 | Harper  | Superior Court of Justice (2009 to 2013)
Fasken Martineau LLP (1992 to 2009)
Justice  | Grant Huscroft[7] | 16 December 2014 | Harper  | Professor, Western Law School (2002 to 2014)
University of Auckland (1992 to 2001)
Justice  | Lene Madsen  | 1 May 2024 | J. Trudeau  | Superior Court of Justice (2016 to 2024)

Justice  | Bradley W. Miller[8] | 26 June 2015 | Harper  | Superior Court of Justice

Justice  | Patrick Monahan  | 15 May 2023 | J. Trudeau  | Superior Court of Justice (2017 to 2023)
Justice  | David M. Paciocco[9] | 7 April 2017 | J. Trudeau  | Ontario Court of Justice
Professor at University of Ottawa and Counsel at Edelson Clifford D'Angelo
Justice  | Renee Pomerance  | 24 July 2024 | J. Trudeau  | Superior Court of Justice (2006 to 2024)
Justice  | Mohammed Rahman  | 7 March 2025 | J. Trudeau  | Superior Court of Justice (2022 to 2025)
Ontario Court of Justice (2016 to 2022)
Justice  | Lois Roberts[10] | 5 May 2015 | Harper  | Superior Court of Justice (2008 to 2015)
Genest Murray LLP (1988 to 2008)
Cassels Brock (1987 to 1988)
Justice  | Lorne Sossin | 26 November 2020 | J. Trudeau  | Superior Court of Justice (2018 to 2020)
Dean, Osgoode Hall Law School (2010 to 2018)
Justice  | Julie Thorburn  | 1 September 2019 | J. Trudeau  | Superior Court of Justice (2006 to 2019)
Justice  | Gary T. Trotter[11][12] | 20 October 2016 | J. Trudeau  | Superior Court of Justice (2008 to 2016)
Ontario Court of Justice (2005 to 2008)
Professor at Queen's University (2003 to 2016)
Ontario Crown Counsel (1988 to 2000)
Justice  | Darla Wilson  | 1 May 2024 | J. Trudeau  | Superior Court of Justice (2007 to 2024)
Justice  | Benjamin Zarnett  | 9 November 2018 | J. Trudeau  | Goodmans LLP

Supernumerary Justices

Position  | Name  | Appointed  | Nominated by  | Position(s) Prior to Appointment*

|
|
|
|

Supernumerary Justice  | David M Brown[13] | 16 December 2014 | Harper  | Superior Court of Justice (2006 to 2014)
Supernumerary Justice  | Eileen E. Gillese | 5 January 2002 | Chrétien  | Superior Court of Justice (1999 to 2002)
Supernumerary Justice  | Alison Harvison Young | 31 August 2018 | J. Trudeau  | Superior Court of Justice (2004 to 2018)
Supernumerary Justice  | James C. MacPherson | 25 May 1999 | Chrétien  | Superior Court of Justice
Supernumerary Justice  | Peter Lauwers[14] | 14 December 2012 | Harper  | Superior Court of Justice (2008 to 2012)
Miller Thompson LLP
Supernumerary Justice  | Ian Nordheimer[15] | 15 September 2017 | J. Trudeau  | Superior Court of Justice (1999 to 2017)

Counsel with Fraser & Beatty / Dentons LLP

Supernumerary Justice  | Sarah Pepall | 10 April 2012 | Harper  | Superior Court of Justice
Supernumerary Justice  | Paul Rouleau[16] | 15 April 2005 | Martin  | Superior Court of Justice (2002 to 2005)
Heenan Blaikie
Supernumerary Justice  | Janet M. Simmons | 23 August 2000 | Chrétien  | Superior Court of Justice
Supernumerary Justice  | Katherine van Rensburg[6] | 2 October 2013 | Harper  | Superior Court of Justice (2006 to 2013)
Gowling Lafleur Henderson LLP

## Chief Justices of Ontario

[edit]

Number | Name | Years

|
|

1 | Sir William Buell Richards[note 1] | 1868–1875
2 | Robert Alexander Harrison[note 1] | 1875–1878
3 | Thomas Moss | 1878–1881
4 | John Godfrey Spragge | 1881–1884
5 | Sir John Hawkins Hagarty | 1884–1897
6 | Sir George William Burton | 1897–1900
7 | John Douglas Armour | 1900–1902
8 | Sir Charles Moss | 1902–1912
9 | Sir William Ralph Meredith | 1912–1923
10 | Sir William Mulock | 1923–1936
11 | Newton Rowell | 1936–1938
12 | Robert Spelman Robertson | 1938–1952
13 | John Wellington Pickup | 1952–1957
14 | Dana Porter | 1958–1967
15 | George Alexander Gale | 1967–1976
16 | Willard Estey | 1976–1977
17 | William Goldwin Carrington Howland | 1977–1990
18 | Charles Dubin | 1990–1996
19 | Roy McMurtry | 1996–2007
20 | Warren Winkler[17] | 2007–2013
21 | George Strathy | 2014–2022
22 | Michael Tulloch | 2022–present

## Past judges

[edit]

Name  | Time in Office  | Nominated by

|
|

Marc Rosenberg[18] | 1995–2015 | Jean Chretien
Stephen Goudge | 1996–2014 | Jean Chretien
Edward W. Ducharme[19][20] | 2012 - 2013 | Stephen Harper
Warren Winkler, Chief Justice | 2007–2013 |
Dennis O'Connor | 1998–2012 | Jean Chretien
Michael Moldaver[18] | 1995–2011 | Jean Chretien
Andromache Karakatsanis | 2010–2011 |
Marvin A. Catzman | 1988–2007 |
Roy McMurtry | 1996–2007 as Chief Justice |
Louise Charron[18] | 1995–2004 | Jean Chretien
Robert P. Armstrong | 2002–2013  |
Rosalie Abella | 1992–2004 |
Louise Arbour | 1990–1999 |
Charles Dubin | 1973–1996 (1992–1996 as Chief Justice) |
William Goldwin Carrington Howland as Chief Justice | 1977–1992 |
Walter Tarnopolsky | 1985–1993 |
Peter Cory | 1981–1989 |
Bert MacKinnon | 1974–1987 as Associate Chief Justice |
Bertha Wilson | 1975–1982 |
Goldwyn Arthur Martin | 1973–1988 |
Bora Laskin | 1965–1970 |
Jean-Marc Labrosse | 1990–2007 |
Roy Kellock | 1942–1944 |
Henry Hague Davis | 1933–1935 |
Newton Rowell as Chief Justice | 1936–1937 |
Sir William Mulock as Chief Justice | 1923–1936 |
John Douglas Armour | 1887–1890 (as Chief Justice) (1901–1902) |
John Hawkins Hagarty as Chief Justice | 1884–1897 |
Thomas Moss as Chief Justice | 1878–1880 |
Robert Alexander Harrison as Chief Justice | 1875–1878 |

## Chief Justices of Upper Canada (1792–1841)/Province of Canada (1841–1867)

[edit]

Number | Name | Years

|
|

1 | William Osgoode | 1792–1794
2 | John Elmsley | 1796–1802
3 | Henry Allcock | 1802–1806
4 | Thomas Scott | 1806–1816
5 | William Dummer Powell | 1816–1825
6 | Sir William Campbell | 1825–1829
7 | Sir John Beverley Robinson | 1829–1862
8 | William Henry Draper | 1863–1867

## See also

[edit]

* Courts of Ontario
* Supreme Court of Canada

## Notes

[edit]

1. ^ a b Of the Court of Queen's Bench

## References

[edit]

1. ^ "Federal Judicial Appointments - Number of Federally Appointed Judges in Canada". Office of the Commissioner for Federal Judicial Affairs. 11 March 2024.
2. ^ "Court of Appeal for Ontario". Ontario Courts. Retrieved 8 April 2013.
3. ^ "Ontario Judicial Appointments Announced" (Press release). Government of Canada. 2012-06-22. Retrieved 5 August 2018.
4. ^ "Government of Canada announces judicial appointments in the province of Ontario" (Press release). Department of Justice. 18 July 2017.
5. ^ "Ontario Judicial Appointments Announced" (Press release). Department of Justice. 6 April 2020.
6. ^ a b "Ontario Judicial Appointments Announced" (Press release). Department of Justice. 2 October 2013. Retrieved 12 March 2025.
7. ^ "Ontario Judicial Appointments Announced" (Press release). Department of Justice. 16 December 2014. Retrieved 12 March 2025.
8. ^ "Ontario Judicial Appointments Announced" (Press release). Department of Justice. 26 June 2015. Retrieved 12 March 2025.
9. ^ "Government of Canada announces judicial appointments in the province of Ontario" (Press release). Department of Justice. 7 April 2017.
10. ^ "Ontario Judicial Appointments Announced" (Press release). Department of Justice. 5 May 2015.
11. ^ "Government of Canada announces judicial appointments in the province of Ontario" (Press release). Department of Justice. 20 October 2016. Retrieved 5 March 2018.
12. ^ "Ontario Judicial Appointments Announced" (Press release). Department of Justice. 9 January 2012. Archived from the original on 9 January 2012.
13. ^ "Ontario Judicial Appointments Announced" (Press release). Department of Justice. 16 December 2014.
14. ^ "Ontario Judicial Appointment Announced" (Press release). Department of Justice. 13 May 2013. Archived from the original on 13 May 2013.
15. ^ "Government of Canada announces judicial appointment in the province of Ontario" (Press release). Department of Justice. 15 September 2017. Retrieved 12 March 2025 – via Canada Newswire.
16. ^ "Ontario Judicial Appointment Announced" (Press release). Department of Justice. 28 March 2010. Archived from the original on 28 March 2010.
17. ^ "Appointment of Chief Justice of Ontario announced" (Press release). Prime Minister of Canada. 1 June 2007. Archived from the original on 2010-03-18.
18. ^ a b c "Ontario Judicial Appointments Announced" (Press release). Department of Justice. 13 December 1995. Archived from the original on 2003-11-11. Retrieved 12 March 2025.
19. ^ "Ontario Judicial Appointments Announced" (Press release). Department of Justice. 10 April 2012. Retrieved 12 March 2025.
20. ^ "Prostate cancer claims Ontario Court of Appeal judge". Windsor Star. 3 June 2013.

## External links

[edit]

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* Ontario Courts website
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