A collection of judgments of the Superior Court of Justice, primarily released after October 1, 2002, is posted on CanLII. The CanLII website is not an exhaustive source of judgments of the Superior Court of Justice. The official version of the reasons for judgment is the signed original or handwritten endorsement in the court file. In the event that there is a question about the content of a judgment, the original in the court file takes precedence.

Judgments are available in the language provided.

Copies of judgments of the Superior Court of Justice can be obtained by contacting the respective court administrative office where the matter was heard. A photocopy charge is payable. Judgments are also available on a number of subscription based services such as LexisNexis® Quicklaw^TM and WestlawNext® Canada.

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• Superior Court of Justice Recent Decisions
• Superior Court of Justice Divisional Court Recent Decisions

Superior Court of Justice Recent Decisions

• 2026-01-02 Sullivan v. Culic et al, 2026 ONSC 23 (CanLII)
  Key Words: Estates and wills — Substitute decision-making — Interim relief — Consent interim order restricting attorney for property’s access — Should funds held in trust be transferred to the applicant’s counsel and access to investment accounts prevented? — Serious concerns regarding attorney’s actions noted — Substitute Decisions Act, 1992 referenced in banking communications — Consent terms accepted — Interim order granted
  Procedure — Pleadings — Amendment — Motion to add party — Should the notice of application be amended to name the incapable person’s son as a respondent? — Proper party to the application acknowledged — No opposition from the Public Guardian and Trustee — Amendment uncontroversial — Amendment allowed
  Estates and wills — Attorneys for property — Removal — Is interim removal of the attorney for property appropriate without notice to the parties? — Court expresses serious concerns and questions utility of attorney remaining — Notice to attorney, Public Guardian and Trustee and son required — Invitation to bring further motion on short notice — Interim removal not ordered
• 2026-01-02 Dependable Mechanical Systems Inc. v. Concord Adex Developments Corp., 2026 ONSC 21 (CanLII)
  Key Words: Contracts — Notice and claims under fixed price subcontracts — Delay and escalation — Whether written notice and a claim for delay costs were properly given — Email notice under subcontract Article 7.1 considered — Sufficiency and timeliness of October 27, 2022 email arguable — Distinction from Elegant Façade applied — Reasonable basis for claim not disproved — Reduction of security refused
  Contracts — Waiver and collateral condition — Promise not to pursue escalation — Whether January 13, 2023 promise bars further escalation claims — Absence of contractual condition in Gratuitous Payment Agreements — Technicore waiver test considered — Subsequent conduct and payments to suppliers suggesting waiver of waiver — Binding effect requires trial determination — Motion dismissed
  Construction — Construction Act — Lien security reduction — Whether the quantum of escalation claim lacks a reasonable basis — Modified total cost methodology scrutinised — Backup for materials and labour reviewed — Lack of tender documents and expert report not fatal on this motion — Genuine issues requiring trial persist — Reduction of security refused
  Construction — Construction Act — s. 44(5) test — What is the applicable test to reduce posted security — Structform summary judgment analogy and Pentad evidentiary framework reconciled — Moving parties bear legal and persuasive burden, best foot forward — Responding party bears evidentiary burden — Test applied to deny reduction — Motion dismissed
• 2025-12-31 Foto v. City of London, 2025 ONSC 7276 (CanLII)
  Key Words: Procedure — Discovery — Leave to examine second corporate representative — Rules of Civil Procedure, r. 31.03(2)(b) — Did the Associate Justice misapply the Fischer test for a second representative? — Palpable and overriding error versus correctness under Housen v. Nikolaisen — Proportionality and incompleteness assessed — Application of Longo and Fischer endorsed — Appeal dismissed
  Procedure — Discovery — Hybrid process and written questions — Whether reliance on an alleged agreement about written questions caused a palpable and overriding error — Absence of transcript and appellant’s onus considered — Proportionality in limiting duration and format affirmed — City of Hamilton v. Attorney General referenced for hybrid discovery — Order for limited discovery confirmed — Appeal dismissed
• 2025-12-30 Mittal v. Department of National Defence, 2025 ONSC 7256 (CanLII)
  Key Words: Labour and employment — Federal public sector labour relations — Jurisdictional bar — FPSLRA, s. 236 — Are negligence and harassment claims in court barred where matters relate to terms and conditions of employment? — Broad right to grieve under s. 208(1) applied — Workplace harassment and employer negligence characterized as employment disputes — Action precluded by grievance regime — Claims struck
  Procedure — Pleadings — Motion to strike — Rules of Civil Procedure, r. 21.01(1)(b) — Does the statement of claim disclose a reasonable cause of action in malicious prosecution? — Elements from Nelles v. Ontario considered — Absence of reasonable and probable cause and malice not pleaded — Generous reading insufficient — Claim struck
  Procedure — Amendments — Leave to amend — Motion following strike under r. 21.01(1)(b) — Should leave to amend be granted to recast claims as malicious prosecution? — Deficiencies exceed technical drafting issues — No particulars of malice or lack of reasonable and probable cause — Clearest of cases to deny amendment — Leave refused
  Procedure — Discovery — Examinations for discovery — Request to compel production of former colleagues after striking of claims — Is an order for discovery appropriate where the statement of claim is struck in its entirety? — Relief unnecessary and premature — Motion rendered moot by dismissal of action — Request dismissed as moot
• 2025-12-29 Pichette v. 13941281 Canada Inc., 2025 ONSC 7231 (CanLII)
  Key Words: Procedure — Striking pleadings — Non-payment of costs and failure to comply — Whether the statement of defence should be struck under Rules 57.03(2) and 60.12 — Opportunity to cure default given, merits and context considered, Koohestani v. Mahmood — Failure to comply with interlocutory orders and costs orders despite adjournment — Motion granted — Statement of defence struck
  Contracts — Real estate transactions — Agreement of Purchase and Sale — Whether inability to secure financing excuses failure to complete an unconditional agreement — Vendor entitled to retain deposit on purchaser default, De Palma, Mikhalenia, Tribute — Defendant waived conditions and did not close, no viable defence pleaded on liability or damages — Defence found lacking merit

Superior Court of Justice Divisional Court Recent Decisions

• 2026-01-02 United Association of Canada v. Labourers' International Union of North America, Local 1059, 2026 ONSC 18 (CanLII)
  Key Words: Administrative law — Judicial review — Reasonableness — BOSTA relevance — Whether failure to consider the Building Opportunities in the Skilled Trades Act, 2021 rendered the decisions unreasonable — Decision examined as a whole under Vavilov — Tribunal expertise and construction labour relations deference emphasized — Coherent rationale for treating safety legislation as non‑determinative — Application dismissed
  Administrative law — Standard of review — Vavilov — Presumptive reasonableness — What standard and degree of deference apply to Ontario Labour Relations Board work‑assignment decisions — No correctness yardstick imposed — Decision intelligible, transparent and justified within statutory and factual constraints — Specialised tribunal interpreting its home statute — Application dismissed
  Labour and employment — Labour relations boards — Jurisdictional disputes — Labour Relations Act, 1995, s. 99 — Did the Board reasonably apply its six traditional work‑assignment factors to the installation work — Safety, skills and training neutral — Area practice weighed heavily for Labourers — Reconsideration upholding original allocation — Application dismissed
• 2025-12-31 Gorscak v. Jarzabek, 2025 ONSC 4855 (CanLII)
  Key Words: Lease and tenancy — Residential tenancies — Eviction — RTA s. 66(1), s. 83 — Whether eviction requires proof of negligence — Board must consider all of the circumstances before ordering eviction — Refusal to hear evidence on alleged illegal lockout — Eviction Order and Review Order set aside — Matter remitted to the Landlord and Tenant Board — Costs awarded
  Statutory interpretation — Residential Tenancies Act, 2006 — s. 66(1) — Whether negligence must be established — Impairment includes both actual impairment and a real risk of impairment — Board member went further than needed in finding negligence — Inconsequential error under Courts of Justice Act, s. 134(6) — No intervention on this ground
  Administrative law — Procedural fairness — Landlord and Tenant Board hearing — Whether refusal to permit evidence on alleged illegal lockout denied procedural fairness — Mandatory duty to consider all circumstances under RTA s. 83(1) — Failure to consider relevant circumstances is an error of law — Procedural unfairness found — Eviction Order and Review Order set aside — Matter remitted
  Administrative law — Tribunal reconsideration — LTB review — Test for review — Whether Review Member misstated the test by referring only to “serious errors of law” — Scope of “serious error” under Rules of Procedure and Interpretation Guideline 8 — Misstatement found but not determinative — Review Order set aside with Eviction Order on other grounds
• 2025-12-29 MINKARIOUS v. 1788795 ONTARIO INC., 2025 ONSC 7245 (CanLII)
  Key Words: Labour and employment — Constructive dismissal — Poisoned work environment — Potter v. New Brunswick Legal Aid Services Commission applied — Whether employer’s course of conduct made continued employment intolerable — Unannounced home visit, adversarial texts, privacy intrusions — Persaud v. Telus Corporation distinguished — Findings of credibility owed deference — Constructive dismissal affirmed — Appeal dismissed
  Labour and employment — Resignation and condonation — Abandonment — Whether delay in communicating repudiation constituted condonation — McGuinty v. 1845035 Ontario Inc. considered — Employee on medical leave did not return to work — College enrolment not clear and unequivocal resignation — Employer failed to prove abandonment — Statement of claim as timely repudiation — Appeal dismissed
  Rights and freedoms — Human rights — Employment discrimination — Ontario Human Rights Code, s. 46.1 — Whether disability was a factor in constructive dismissal — Wilson v. Solis Mexican Foods Inc. and Strudwick v. Applied Consumer considered — Pesters for private medical information and failure to respect medical leave — Damages within range and entitled to deference — Appeal dismissed
  Procedure — Appeals — Standard of review — Small Claims Court — Palpable and overriding error for facts, correctness for law — Deference to credibility findings — Maple Ridge Community Management on adequacy of Small Claims reasons — No interference with damages absent error — Allegation of counsel giving evidence rejected — Appeal dismissed
• 2025-12-23 Invoice Payment Systems Corp. v. The Block Inc., 2025 ONSC 7156 (CanLII)
  Key Words: Business associations — Corporate authority — Indoor management rule — Business Corporations Act, s. 19 — Whether project manager had ostensible authority to approve invoices — Interpretation of “issue payment” email as lack of approval authority — Deference to factual findings, no palpable and overriding error — Indoor management rule inapplicable where actual knowledge and inquiry notice — Ground of appeal dismissed
  Construction — Construction liens — Set-off under statute and equity — Construction Act, s. 17(3) — Can set-off against assignee lienholder exceed the lien and yield an award without counterclaim? — Equitable set-off a shield, not a sword, Holt v. Telford — Statutory set-off limited to determining lien amount, Sundance Development cited — Award against lienholder quashed — Appeal allowed in part
• 2025-12-22 New Sunlight Inc. v. Minister of Infrastructure, 2025 ONSC 7162 (CanLII)
  Key Words: Procedure — Motions — Pre‑hearing examinations — Judicial review — Whether the court should order an examination under r. 39.03 — Prima facie right limited in judicial review proceedings — Evidentiary basis and relevancy required per Payne and Bokhari — Proposed summons characterised as a fishing expedition and abuse of process — Motion dismissed
  Administrative law — Judicial review — Record on review — Do the proposed topics fall within exceptions permitting evidence beyond the record? — Exceptions for background, procedural defects, or complete lack of evidence reiterated from Rockcliffe Park — Topics address merits, not permissible supplementation — No basis to expand record — Motion dismissed
  Administrative law — Procedural fairness — Alleged defects — Has the applicant shown a foundation for procedural unfairness justifying limited examination? — No entitlement to reasons beyond record under Vavilov — Proposed witness not privy to decision‑making and made no recommendation — Payne distinguished on facts and evidentiary showing — Motion dismissed
  Administrative law — Expropriation — Context — Do expropriation context and absence of a hearing of necessity justify expanding the record? — Severity of governmental interference acknowledged — Transit‑oriented community designation and Expropriations Act context considered — Limits on judicial review record unchanged by context — Motion dismissed