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

• 2025-12-11 VanMar Constructors ON 1028 Inc. v. Travelers Insurance Company of Canada, 2025 ONSC 6959 (CanLII)
  Key Words: Insurance — Performance bond — Limitation period — When did the Bond limitation period commence — Preconditions that trigger Travelers’ obligations present by March 14, 2022 — Declared in default by the Obligee and Obligee having performed obligations — Suit must be commenced within two years — Plain language of the Bond applied — Action dismissed
  Contracts — Interpretation — Implied terms — Should the court read words into the Bond to require formal notice — Intention of the parties as expressed by the language they have employed — Courts should be reluctant to rewrite the words of a written contract — Surrounding circumstances cannot create a new agreement — Implied terms not necessary — Action dismissed
  Limitation periods — Discovery — Limitations Act, 2002, s. 4 — Is the action statute barred under the Limitations Act, 2002 — Defendant submits claim discovered by March 14, 2022 — Not necessary to consider the statutory limitation period after finding on Bond limitation period — Alternative argument not determined — Action dismissed
• 2025-12-09 Webster v. Dinardo, 2025 ONSC 6903 (CanLII)
  Key Words: Procedure — Res judicata — Issue estoppel — Whether res judicata bars the plaintiff’s second summary judgment motion — Identity of issues and parties and finality established — Application of Toronto v. C.U.P.E., 2003 SCC 63 — Prior summary judgment determined loss‑of‑value damages — r. 21.01(3)(d) motion to strike grounded — Motion to strike granted, second summary judgment motion dismissed
  Procedure — Estoppel — Cause of action estoppel — Does cause of action estoppel preclude renewed loss‑of‑value damages? — Factors from Dosen and The Catalyst Capital Group Inc. applied — Same cause, reasonable diligence, and final judgment found — Obligation to advance all claims in prior motion confirmed — Relitigation barred — Motion to strike granted, second summary judgment motion dismissed
  Procedure — Abuse of process — Relitigation — Is the second summary judgment motion an abuse of process due to relitigation? — Attempt to re‑litigate damages previously dismissed — Court’s discretion to prevent misuse of process exercised — Reference to Glenrio Financing decision — Fairness concerns not engaged — Motion to strike granted, second summary judgment motion dismissed
  Procedure — Rules of Civil Procedure — Rule 20.07, “other relief” — Does r. 20.07 permit pursuit of “other relief” where the head of damages was previously dismissed? — Interaction with r. 25.06(9)(a) pleading requirements — “Other relief” does not override res judicata — No reservation to pursue new valuation evidence — Motion to strike granted, second summary judgment motion dismissed
• 2025-12-09 Re Shaw, 2025 ONSC 6385 (CanLII)
  Key Words: Bankruptcy and insolvency — Surplus income — Definition of total income — Whether advances from a third party during bankruptcy are “total income” under s. 68(2)(a) BIA — Characterisation of advances as liabilities with interest, term, and prepayment rights — Not advances for future services — Use of funds does not alter debt nature — Amounts not total income
  Statutory interpretation — Bankruptcy and Insolvency Act — Modern principle — Textual, contextual and purposive analysis applied to s. 68 — Interpretation Act, s. 12 — Breadth of “revenues of whatever nature” considered — Does the definition convert loans into income? — Harmonious reading with scheme and purpose of surplus income — Amounts not total income
  Bankruptcy and insolvency — Rehabilitation — Fresh start — Whether the rehabilitation principle affects classification under s. 68 — Incurring debt during bankruptcy raised but distinguished from income analysis — Possible relevance at discharge hearing only — Rehabilitation not determinative of “total income” characterisation — Amounts not total income
• 2025-12-09 Vacarro v. Vacarro et al., 2025 ONSC 6521 (CanLII)
  Key Words: Estates and wills — Powers of attorney — Gifts — Whether attorney for property could validly gift the Residential Property by transfer into joint tenancy — Interpretation of POA in light of will and SDA — Presumption of resulting trust and fiduciary obligations engaged — Need for Estate participation identified — Determination deferred
  Trusts — Resulting trusts — Estate property — Whether proceeds from sale are impressed with a trust for the Estate — Pecore v. Pecore applied to inter vivos transfer to adult children — Whether joint tenant’s share should be paid out despite potential trust claim — Payment withheld — Payout refused
  Procedure — Parties — Joinder and directions — Whether the Estate must be joined and issues determined in the Estate proceeding — Non‑joinder of necessary party noted — Motion for directions in Estate proceeding required — Abuse of process concerns regarding related Investment Property addressed — Application for distribution declined
  Evidence — Settlement privilege — Without prejudice communications — Admissibility of counsel’s emails said to be “without prejudice” — Whether communications constituted settlement discussions attracting privilege — Court not required to finally decide admissibility — Evidentiary weight unnecessary to outcome — No ruling on privilege made
• 2025-12-09 R v. Thamilarasan Velauther, 2025 ONSC 6877 (CanLII)
  Key Words: Rights and freedoms — Charter rights and remedies — Search and seizure — Whether s. 8 breach warranted sentence reduction under s. 24(1) — ICIT deployment unnecessary, excessive and disproportionate — Failure to conduct Threat Level Assessment — Strip searches, removal of clothing and property, dignity not preserved — s. 23.1, Ministry of Correctional Services Act, manner unreasonable — Sentence reduced
  Criminal and statutory offences — Sentencing — Joint submissions — Deference owed to a joint submission on sentence under Anthony‑Cook — Serious firearm and trafficking offences with prior firearm history — Court emphasising denunciation of ICIT Charter violations within sentencing — Whether proposed term is contrary to public interest — High deference applied — Joint submission accepted
  Criminal and statutory offences — Sentencing — Presentence custody conditions — Whether particularly harsh remand conditions mitigate sentence — Inmate left in boxer shorts, bedding delayed, property removed, pepper ball launchers displayed — Human dignity and proportionality considered, Nasogaluak cited — Conditions during entire duration of presentence custody treated as mitigating — Sentence reduced

Superior Court of Justice Divisional Court Recent Decisions

• 2025-12-11 Christie v. Human Rights Tribunal of Ontario, 2025 ONSC 6928 (CanLII)
  Key Words: Administrative law — Judicial review — Prematurity — Whether prematurity should be separated from the full application — Adequate alternatives and exceptional circumstances considered — Applicant did not seek reconsideration at the Human Rights Tribunal of Ontario — Panel concludes it is not advisable to separate prematurity from other issues — Prematurity to be decided with the full application — Prematurity issue adjourned
  Procedure — Adjournment — Bifurcation — Separate hearing on prematurity scheduled — Submissions on prematurity heard — Whether an adjournment and case management directions should be made — Parties to email the Court office within two weeks for a hearing date — As agreed, no order as to costs for this hearing — Adjournment ordered
• 2025-12-10 Taccone et al. v. Registrar, Funeral, Burial and Cremation Services Act, 2002, 2025 ONSC 6879 (CanLII)
  Key Words: Administrative law — Judicial review — Standard of review — Vavilov framework applied to reconsideration decision — What is the applicable standard of review for the Registrar’s decision? — Reasonableness standard accepted by the parties — Focus on justification, transparency and intelligibility — Respect for specialised expertise — Reasonableness standard confirmed
  Administrative law — Reasonableness — Reimbursement refusal under FBCSA — Was the Registrar’s decision declining further reimbursement reasonable? — Failure to consider prior directions expanding investigation scope — Faulty tool-based analysis of invoices — Misapprehension of evidence and context — Logical fallacies identified under Vavilov — Decision quashed
  Statutory interpretation — Enabling authority — Incidental powers — FBCSA, s. 96(4) and Legislation Act, 2006, s. 78 — Does undertaking an investigation include reimbursement of reasonably incurred costs? — Powers include those practically necessary to achieve statutory purpose — Framework from ATCO Gas and Green cited — Authority to reimburse recognised
  Administrative law — Remedies — Quashing and remitting — Appropriate remedy upon unreasonableness — Whether court should substitute its decision or remit — Record insufficient to fix amounts reasonably incurred — Limited scenarios for substitution not met under Vavilov — Decision quashed and matter remitted
• 2025-12-10 Lindsay v. Ecuhome Corp., 2025 ONSC 6744 (CanLII)
  Key Words: Procedure — Extensions of time — Review motions — Courts of Justice Act, s. 21(5) — Whether to extend time to review order of Matheson J. — Appellate standards applied, Housen v. Nikolaisen, Fontaine — Delay over ten months, prejudice to respondents and orderly administration — Related matters to be heard together, Yatar v. TD Meloche Monnex — Review motion dismissed
  Lease and tenancy — Jurisdiction — Residential Tenancies Act, 2006 — RGI subsidies — Does the LTB have jurisdiction to determine entitlement to rent‑geared‑to‑income subsidies? — LTB lacks jurisdiction over RGI and court has no greater jurisdiction — Issue finally disposed of in appeal — Arguments to contrary lack merit — Review motion dismissed
  Administrative law — Judicial review — Standard of review — Reasonableness — Are the LTB’s factual findings reviewable where the applicant seeks to re‑weigh the evidence? — Court will not re‑weigh evidence — Record provides firm factual foundation for findings — No prospect of interference on judicial review — No arguable merit — Review motion dismissed
  Procedure — Parties — Proper parties — Can the City of Toronto be a respondent to the review motion absent an order adding it as a party? — City not a party to prior proceedings — No court order adding City — Review motion dismissed as against the City — No costs ordered — Review motion dismissed
• 2025-12-10 Parousis v. Centurion Property Associates Inc., 2025 ONSC 6864 (CanLII)
  Key Words: Lease and tenancy — Remedies — Persistent late payment — Prospective conditional order requiring payment in full and on time — Application of Tataw v. Minto Developments to conditional orders — Whether discretion to impose prospective compliance terms was properly exercised — Landlord’s arrears and tenant’s abatement claims to be determined separately — Discretion reasonably exercised — Appeal dismissed
  Statutory interpretation — Residential Tenancies Act, 2006 — Meaning of “rent” — Whether “rent” requires full payment when due for s. 58(1) persistent late payment — Partial payment on due date treated as late to the extent of shortfall — “Amount required to be paid” defined and applied — Interpretation adopted by the Landlord and Tenant Board upheld — Appeal dismissed
  Statutory interpretation — Residential Tenancies Act, 2006 — Section 82(1) — Does s. 82(1) permit tenants to withhold or self‑abate rent or bar a s. 58 proceeding? — s. 82(1) confined to arrears applications under s. 69 — No express or implied authority to self‑abate — Persistent late payment proceedings may proceed notwithstanding abatement claims — Appeal dismissed
  Administrative law — Procedural fairness — Tribunal process — Whether separate proceedings for persistent late payment and arrears with abatement amount to unfairness or abuse of process — Landlord and Tenant Board entitled to manage processes and grant prospective orders — Parallel adjudication efficient and fair — No unfairness established — Appeal dismissed
• 2025-12-09 Gordon-Kay v. Sharpe, 2025 ONSC 6856 (CanLII)
  Key Words: Statutory interpretation — Residential Tenancies Act, 2006 — s.50(1)(a) — Implied good faith — Does s.50(1)(a) require a genuine intent to demolish? — Modern approach to interpretation applied — Tenant‑protection purpose, ss.73(1)(a) and 202(1) considered — Interpretation within a range of acceptable outcomes for a specialised tribunal — Board’s reading reasonable — Appeal dismissed
  Procedure — Statutory appeal — Standard of review — RTA, s.210(1) — Questions of law only — Whether LTB’s findings reveal an error of law or palpable and overriding misapprehension — Deference to specialised tribunal interpreting its home statute — Reasonableness applied to legal interpretation — No reviewable error identified — Appeal dismissed
  Lease and tenancy — Termination for demolition — N13 notice — RTA, s.57(1)(c) — Whether Board had to consider s.57(1)(c) where tenant had not vacated — Former tenant requirement and vacancy preconditions unmet — Board not obliged to address inapplicable remedy — Unlawful eviction protections enforced — Appeal dismissed