The Supreme Court is comprised of a General Division and a Family Division. The jurisdiction of the General Division is set out in sections 43.1 and 43.2 of the Judicature Act.
GEOGRAPHIC JURISDICTION
The General Division may sit and exercise its jurisdiction in any place in the Province.
SUBJECT-MATTER JURISDICTION
The General Division has jurisdiction over the following types of matters.
Civil Jurisdiction
General
The General Division has jurisdiction over a wide range of civil matters (for example, lawsuits in contract, accident cases, commercial lawsuits, etc.). There is no upper or lower monetary limit on the claims which can be heard in Supreme Court. With that said, cases involving $25,000 or less are often brought to Small Claims Court in the Provincial Court of Newfoundland and Labrador.
Probate and Administration
The General Division has jurisdiction over the appointment and supervision of executors and administrators of the estates of deceased persons. The General Division may also re-seal foreign grants of Letters of Probate or Administration, so that Executors and Administrators appointed in other jurisdictions may deal with the assets of the deceased in the Province of Newfoundland and Labrador.
Guardianship
The General Division has jurisdiction over the appointment and supervision of guardians of persons who, for a variety of reasons, need help to make decisions about their personal or financial affairs.
Appeals and Judicial Review
The General Division hears appeals from the Provincial Court under the Small Claims Act. The General Division also hears appeals and applications for judicial review of decisions from certain administrative tribunals, such as the Residential Tenancies Board, and many professional disciplinary bodies.
Criminal Jurisdiction
General
Criminal matters involving serious criminal charges are often heard in General Division of the Supreme Court. All jury trials are held in Supreme Court, although some criminal cases will be heard before a judge-alone. Other criminal matters may instead be heard in the Provincial Court.
Appeals and Judicial Review
The General Division hears appeals from summary conviction matters tried in the Provincial Court. The General Division also hears applications for orders in the nature of an order for certiorari, habeas corpus, mandamus, procedendo and prohibition in criminal proceedings.
Family Jurisdiction
General
In areas of the Province where the Family Division does not operate, the General Division may hear matters relating to divorce, the division of matrimonial property, spousal/partner support, child support, and parenting. The General Division does not hear child protection or adoption matters; those are instead heard in the Provincial Court.
Appeals
In areas of the Province where the Family Division does not operate, the General Division may hear appeals in family cases originally heard in the Provincial Court under the Children’s Law Act and the Family Law Act.