Superior Court

In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases. A superior court is "superior" relative to a court with limited jurisdiction (see lower court), which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts (see court of appeal).

The term "superior court" has its origins in the English court system. The royal courts were the highest courts in the country, with what would now be termed supervisory jurisdiction over baronial and local courts. Decisions of those courts could be reviewed by the royal courts, as part of the Crown's role as the ultimate fountain of justice. The royal courts became known as the "superior courts", while lower courts whose decisions could be reviewed by the royal courts became known as "inferior courts". The decisions of the superior courts were not reviewable or appealable, unless an appeal was created by statute.

Superior Courts in Canada exist at the federal, provincial and territorial levels.

The provincial and territorial superior courts of original jurisdiction are courts of general jurisdiction: all legal matters fall within their jurisdiction, unless assigned elsewhere by statute passed by the appropriate legislative authority. Their jurisdiction typically includes civil lawsuits involving contracts, torts, property, and family law. They also have jurisdiction over criminal prosecutions for indictable offences under the Criminal Code of Canada. They also hear civil appeals from decisions of the provincial and territorial "inferior" courts, as well as appeals from those courts in summary conviction matters under the Criminal Code. They also have jurisdiction of judicial review over administrative decisions by provincial or territorial government entities such as labour boards, human rights tribunals and licensing authorities.

The superior courts of appeal hear appeals from the superior courts of original jurisdiction, as well as from the inferior courts and administrative tribunals. The jurisdiction of the superior courts of appeal are entirely statutory. The details of their jurisdiction will vary depending on the laws passed by the federal government and the particular province or territory.

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