| Court Name: | Court of Appeal for Ontario |
| Established: | 1867 |
| Jurisdiction: | Ontario |
| Location: | Osgoode Hall, Toronto |
| Authority: | Courts of Justice Act |
| Appealsto: | Supreme Court of Canada |
| Positions: | 23 (plus supernumeraries) |
| Website: | ontariocourts.ca/coa |
| Chiefjudgetitle: | Chief Justice of Ontario |
| Chiefjudgename: | Michael Tulloch |
| Termstart: | 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).
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.
| Position | Name | Appointed | Nominated by | Position(s) Prior to Appointment* | |
|---|---|---|---|---|---|
| Chief Justice | Michael Tulloch[3] | (as chief) | Harper J. Trudeau | Superior Court of Justice (2003 to 2012) Private practice | |
| Associate Chief Justice | J. Michal Fairburn[4] | J. Trudeau | Superior Court of Justice (December 16, 2014 to July 18, 2017) Stockwoods Ontario Crown Law Office | ||
| Justice | Jill Copeland | J. Trudeau | Superior Court of Justice (2017 to 2022) Ontario Court of Justice (2014 to 2017) | ||
| Justice | Steve A. Coroza[5] | J. Trudeau | Superior Court of Justice (2013 to 2020) Ontario Court of Justice (2009 to 2013) | ||
| Justice | Jonathan Dawe | J. Trudeau | Superior Court of Justice (2018 to 2023) | ||
| Justice | Jonathon George | J. Trudeau | Superior Court of Justice (2016 to 2021) Ontario Court of Justice (2012 to 2016) | ||
| Justice | Lise Favreau | J. Trudeau | Superior Court of Justice (2017 to 2021) | ||
| Justice | Sally Gomery | J. Trudeau | Superior Court of Justice (2017 to 2023) | ||
| Justice | C. William Hourigan[6] | Harper | Superior Court of Justice (2009 to 2013) Fasken Martineau LLP (1992 to 2009) | ||
| Justice | Grant Huscroft[7] | Harper | Professor, Western Law School (2002 to 2014) University of Auckland (1992 to 2001) | ||
| Justice | Lene Madsen | J. Trudeau | Superior Court of Justice (2016 to 2024) | ||
| Justice | Bradley W. Miller[8] | Harper | Superior Court of Justice | ||
| Justice | Patrick Monahan | J. Trudeau | Superior Court of Justice (2017 to 2023) | ||
| Justice | David M. Paciocco[9] | J. Trudeau | Ontario Court of Justice Professor at University of Ottawa and Counsel at Edelson Clifford D'Angelo | ||
| Justice | Renee Pomerance | J. Trudeau | Superior Court of Justice (2006 to 2024) | ||
| Justice | Lois Roberts[10] | Harper | Superior Court of Justice (2008 to 2015) Genest Murray LLP (1988 to 2008) Cassels Brock (1987 to 1988) | ||
| Justice | Lorne Sossin | J. Trudeau | Superior Court of Justice (2018 to 2020) Dean, Osgoode Hall Law School (2010 to 2018) | ||
| Justice | Julie Thorburn | J. Trudeau | Superior Court of Justice (2006 to 2019) | ||
| Justice | Gary T. Trotter[11] [12] | 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 | Katherine van Rensburg | Harper | Superior Court of Justice (2006 to 2013) Gowling Lafleur Henderson LLP | ||
| Justice | Darla Wilson | J. Trudeau | Superior Court of Justice (2007 to 2024) | ||
| Justice | Benjamin Zarnett | J. Trudeau | Goodmans LLP |
Supernumerary Justices
| Position | Name | Appointed | Nominated by | Position(s) Prior to Appointment* |
|---|---|---|---|---|
| Supernumerary Justice | David M Brown[13] | Harper | Superior Court of Justice (2006 to 2014) | |
| Supernumerary Justice | Mary Lou Benotto[14] | Harper | Superior Court of Justice (1996 to 2013) Family Court (2001 to 2005) Chapell Bushell Stewart (1978 to 2001) | |
| Supernumerary Justice | Eileen E. Gillese | Chrétien | Superior Court of Justice (1999 to 2002) | |
| Supernumerary Justice | Alison Harvison Young | J. Trudeau | Superior Court of Justice (2004 to 2018) | |
| Supernumerary Justice | James C. MacPherson | Chrétien | Superior Court of Justice | |
| Supernumerary Justice | Peter Lauwers[15] | Harper | Superior Court of Justice (2008 to 2012) Miller Thompson LLP | |
| Supernumerary Justice | Ian Nordheimer[16] | J. Trudeau | Superior Court of Justice (1999 to 2017) Counsel with Fraser & Beatty / Dentons LLP | |
| Supernumerary Justice | Sarah Pepall | Harper | Superior Court of Justice | |
| Supernumerary Justice | Paul Rouleau[17] | Martin | Superior Court of Justice (2002 to 2005) Heenan Blaikie | |
| Supernumerary Justice | Janet M. Simmons | Chrétien | Superior Court of Justice | |
| Number | Name | Years | |
|---|---|---|---|
| 1 | Sir William Buell Richards | 1868–1875 | |
| 2 | Robert Alexander Harrison | 1875–1878 | |
| 3 | 1878–1881 | ||
| 4 | 1881–1884 | ||
| 5 | 1884–1897 | ||
| 6 | 1897–1900 | ||
| 7 | 1900–1902 | ||
| 8 | 1902–1912 | ||
| 9 | 1912–1923 | ||
| 10 | Sir William Mulock | 1923–1936 | |
| 11 | 1936–1938 | ||
| 12 | 1938–1952 | ||
| 13 | 1952–1957 | ||
| 14 | 1958–1967 | ||
| 15 | 1967–1976 | ||
| 16 | 1976–1977 | ||
| 17 | 1977–1990 | ||
| 18 | 1990–1996 | ||
| 19 | 1996–2007 | ||
| 20 | Warren Winkler[18] | 2007–2013 | |
| 21 | George Strathy | 2014–2022 | |
| 22 | Michael Tulloch | 2022–present |
| Name | Time in Office | Nominated by | Position(s) Prior to Appointment* | |
|---|---|---|---|---|
| Edward W. Ducharme http://www.justice.gc.ca/eng/news-nouv/ja-nj/2012/doc_32721.html https://windsorstar.com/news/honourable-justice-edward-ducharme-passes-away | 2012 - 2013 | Stephen Harper | ||
| Marc Rosenberg[19] | 1995–2015 | Jean Chretien | ||
| 1996–2014 | Jean Chretien | |||
| Warren Winkler, Chief Justice | 2007–2013 | |||
| 1998–2012 | Jean Chretien | |||
| 1995–2011 | Jean Chretien | |||
| 2010–2011 | ||||
| 1988–2007 | ||||
| Roy McMurtry | 1996–2007 as Chief Justice | |||
| 1995–2004 | Jean Chretien | |||
| 1992–2004 | ||||
| 1990–1999 | ||||
| 1973–1996 (1992–1996 as Chief Justice) | ||||
| William Goldwin Carrington Howland as Chief Justice | 1977–1992 | |||
| 1985–1993 | ||||
| 1981–1989 | ||||
| 1974–1987 as Associate Chief Justice | ||||
| 1975–1982 | ||||
| 1973–1988 | ||||
| 1965–1970 | ||||
| 1990–2007 | ||||
| 1942–1944 | ||||
| 1933–1935 | ||||
| Newton Rowell as Chief Justice | 1936–1937 | |||
| Sir William Mulock as Chief Justice | 1923–1936 | |||
| 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 |
| 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 |