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

• 2026-01-22 Primosig v. Proctor, 2026 ONSC 446 (CanLII)
  Key Words: Procedure — Crown notice — Proceedings Against the Crown Act — Whether ten day notice under s. 5(1)(c), s. 7(3) applies or the sixty day notice in s. 7(1) — Allegations concern acts and omissions of officers, not ownership or control of property — Failure to give proper notice renders second action a nullity — Summary judgment granted against Crown in second action
  Limitation periods — Discoverability — Limitations Act, 2002 — Was the third action commenced more than two years after the claim was discovered? — Presumption in s. 5(2) rebutted by later discovery through Wagg productions — Reasonable person analysis under s. 5(1)(b) not met by Crown — Action not statute barred — Summary judgment dismissed in third action
  Civil liability — Negligence — Police duty of care — Do police owe a private law duty of care on these facts? — Foreseeability and proximity assessed in light of knowledge of inebriated pedestrians on Highway 26 and police decision making — Relationship potentially close and direct per Hill framework — Genuine issue requiring a trial
  Procedure — Crossclaims — Survival and case management — Do crossclaims survive dismissal of the claim against the Crown and should actions be heard together? — Crossclaims independent under Rule 28.01 and Lucas v. Gagnon — Crossclaims preserved — Actions to be heard together or one after the other — Crossclaims preserved and joint hearing directed
• 2026-01-21 Desormeaux v. Oloko, 2026 ONSC 162 (CanLII)
  Key Words: Business associations — Derivative actions — Leave under CBCA s. 239 — Whether notice, good faith, and interests of the corporation satisfied — Notice given within timeline — Subjective and objective good faith established — Arguable case advanced — Company effectively in gridlock and at risk of bankruptcy — Leave to commence derivative action granted
  Business associations — Corporate remedies — Legal fees under CBCA s. 241(d) — Whether the corporation should pay the applicant’s reasonable legal fees for the derivative action — Fees payable until the matter is finally decided, quantum to be determined at hearing — Order for reasonable legal fees made
• 2026-01-21 Weaver v. Robson, 2026 ONSC 351 (CanLII)
  Key Words: Property — Land titles — Rectification — Land Titles Act, s. 159 — Whether there is a mistake on title warranting rectification — Easement registered contrary to Committee of Adjustment decision — Permanent easement required, temporary easement registered in error — Municipality consents to rectification — Certificate and time‑limited easement clearly registered in error — Erroneous instrument deleted and permanent easement substituted — Motion granted
  Statutory interpretation — Planning Act — Certificate of consent — Planning Act, s. 53(42) — Does s. 53(42) bar rectification of a mistakenly registered easement instrument? — Certificate is conclusive of consent, not immunity from rectification — Process protected, not registration errors — Interaction with Land Titles Act, s. 159 — Court’s authority to correct mistaken registration affirmed — Motion granted
• 2026-01-20 Al-Hasnawi et al. v. The Corporation of the City of Hamilton et al., 2026 ONSC 274 (CanLII)
  Key Words: Professional responsibility — Disqualification of counsel — Inherent jurisdiction — Whether to remove Plaintiffs’ counsel for repeated non‑compliance — Fair‑minded, reasonably informed member of the public test applied — Right to counsel of choice acknowledged but not absolute — Administration of justice brought into disrepute — Inordinate delay prejudicing both sides — Motion granted
  Professional responsibility — Standards — MacDonald Estate v. Martin, McKercher, S.B. v. J.M. — Highest level of restraint before interfering — Moving party bears burden, motion not tactical — Balancing counsel of choice, integrity of profession, and mobility — Test satisfied on the facts — Removal necessary for proper administration of justice — Motion granted
  Procedure — Case management — Peremptory orders — Failure to attend case conferences and comply with timetable — Whether non‑compliance and delay warrant court intervention — Rule 30.10 motion not brought, Affidavit of Documents outstanding — Action stalled at pleadings stage, prejudice found — Counsel removed to advance proceedings — Motion granted
• 2026-01-20 R. v. Marshall, 2026 ONSC 353 (CanLII)
  Key Words: Procedure — Issue estoppel — Res judicata in criminal proceedings — Whether prior jury acquittal on self‑defence precluded relitigation of belief and purpose across the entire incident — Scope of necessary findings from verdict assessed under R. v. Mahalingan — Findings confined to initial shooting behind SUV — Issue estoppel limited
  Criminal and statutory offences — Self‑defence — Reasonable belief of force — Criminal Code, s. 34(1)(a) — Did the accused reasonably believe force or a threat of force when he took the vehicle? — Group dynamic and chaotic scene considered, R. v. Sels cited — Belief assessed from accused’s circumstances, Khill applied — Reasonable belief not disproved
  Criminal and statutory offences — Self‑defence — Defensive purpose — Criminal Code, s. 34(1)(b) — Whether the accused acted for the purpose of defending or protecting himself when he took the vehicle — Motive may evolve, partial defensive purpose sufficient, Khill and R. v. E.J. considered — Crown failed to negate defensive purpose within brief timeline — Defensive purpose not disproved
  Criminal and statutory offences — Self‑defence — Reasonableness of response — Criminal Code, s. 34(1)(c) — Was the robbery a reasonable response in the circumstances? — Alternatives available, proportionality and accused’s role weighed, Khill and R. v. Owusu referenced — Brandishing handgun at innocent third parties aggravated response — Response unreasonable — Self‑defence not available — Guilty of robbery

Superior Court of Justice Divisional Court Recent Decisions

• 2026-01-21 Mehedi v. Tamlin, 2026 ONSC 407 (CanLII)
  Key Words: Procedure — Appeals — Extension of time — Test for extension applied — Whether intention, delay, prejudice and merits favour extension — Wellwood v. OPP and Rizzi v. Mavros cited — Rules rr. 62.02(3), 61.03.1(3)(a), 61.04(1) considered — One‑year unexplained delay found unreasonable — Prejudice to individual respondents recognised — Motion dismissed
  Contracts — Settlement — Enforcement — Whether motion judge erred in enforcing settlement — Minutes of settlement, release and consent order executed — Deference to factual findings on agreement reached — Finding of settlement for $4,000 available on evidence — No error of principle identified — Proposed appeal lacks merit — Extension refused
  Procedure — Costs — Discretion — Whether costs award was within range for straightforward matter — Costs as indemnity reaffirmed — Quantum consuming settlement not unfair — No error in principle by motion judge in awarding $4,000 — Additional costs on motion fixed — Costs awarded
• 2026-01-20 K.C.C. Chooka Cabinet Ltd. v. Kingsway Consulting Group Inc., 2026 ONSC 378 (CanLII)
  Key Words: Procedure — Appeals — Standard of review — Small Claims Court judgment — Did the deputy judge commit palpable and overriding error in credibility and reliability findings? — No obligation to resolve every inconsistency in a witness’s evidence — Deference to factual findings affirmed, Housen v. Nikolaisen, R. v. Kruk — Appeal dismissed
  Statutory interpretation — Criminal interest — Criminal Code, s. 347, s. 347.01 — Whether 36% prejudgment and postjudgment interest is a “criminal rate” — Application of Criminal Interest Rate Regulations, SOR/2024-114, business borrowing and APR thresholds — Credit advanced includes unpaid debts for services, Garland — Interest not criminal — Appeal dismissed
  Contracts — Interest — Prejudgment interest — Whether the contractual interest rate should govern in a breach of contract action — Contract specifies 36% for unpaid fees — Prejudgment interest ordinarily fixed per contract, Bank of America Canada v. Mutual Trust Co. — No special circumstances to depart — Interest at contractual rate affirmed — Appeal dismissed
  Contracts — Illegality — Public policy — Do public policy considerations arising from alleged illegality preclude enforcement? — Central issue was good faith reliance by service provider on information from client — Allegation of fraud rejected by credibility findings — Public policy considerations do not arise — Contract enforced — Appeal dismissed
• 2026-01-19 Matkaluk v. The Estate of Al Bouvreau, 2026 ONSC 333 (CanLII)
  Key Words: payable — unreported — thirty — inclusive — writing
• 2026-01-19 Chammah v. Legal Aid Ontario, 2026 ONSC 356 (CanLII)
  Key Words: Procedure — Judicial review — Extension of time — Judicial Review Procedure Act, s. 5(2) — Whether mandatory conditions for extension met — Length of delay minimal and explained by Portal filing issues — Presumed prejudice nominal, no actual prejudice established — Discretion to extend exercised on terms — Time to commence application extended
  Administrative law — Judicial review — Apparent grounds for relief — Limited merits inquiry under Jonker — Whether application demonstrates more than a tenable argument — Reasonableness standard engaged — Procedural fairness and Legal Aid Services Rules issues raised — Apparent grounds established for purposes of extension — Extension granted
  Administrative law — Judicial review — Amenability — Public character — Wall, Khorsand, Air Canada factors — Whether Legal Aid Ontario decision is sufficiently public to attract review — Exercise of state authority acknowledged — Determination deferred to full record, not clearly non‑public — Extension granted
• 2026-01-19 Nhlapho v. Gao, 2026 ONSC 381 (CanLII)
  Key Words: Procedure — Appeals — Dismissal as abandoned — Should the appeal be dismissed as abandoned for failure to file materials and attend? — Failure to deliver materials by deadlines fixed by the court — No one appearing at the scheduled hearing — Divisional Court case management timeline referenced — Appeal dismissed
  Procedure — Case management — Non-compliance with directions — Consequences of failure to follow directions of the case management judge and to respond to scheduling emails — Responsibility to provide an active email address to the court — Parties must monitor email while proceedings are ongoing — Directions and scheduling communications not heeded — Appeal dismissed
  Procedure — Costs — No appearance by respondent — Should costs be awarded where the respondent filed no materials and did not appear? — Respondent filed no materials and did not appear — No participation despite scheduling notice — Costs consequences in abandoned appeal addressed — No order as to costs