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

• 2025-07-03 LaFrance v. LaFrance et al., 2025 ONSC 3984 (CanLII)
  Key Words: Estates and trusts — Costs in estate litigation — Family estate disputes — Divided success at trial — Plaintiff declared director of company and estate granted resulting trust over property — Primary claims dismissed — Should costs be awarded in estate disputes with mixed success? — Costs declined due to divided success and judicial resolution of legitimate estate issues
  Civil procedure — Costs — Rule 49 Offer to Settle — Plaintiff argued defendants did not achieve better result than offer — Valuations of companies not determined at trial — Should costs be awarded based on Rule 49 Offer to Settle? — Offer’s success could not be ascertained due to lack of financial documentation
  Family — Estate disputes — Costs in family property disputes — Judicial resolution of legitimate issues — Should costs be declined in family estate disputes where parties failed to agree on important matters? — Costs declined as inappropriate in family estate disputes requiring judicial resolution
• 2025-07-03 Kiosk Design Inc. v. El-Riffaey, 2025 ONSC 3970 (CanLII)
  Key Words: Property — Equitable mortgage — Consent Order — Legal fees — Whether the May 30, 2024 consent Order created an equitable mortgage in favour of the Defendants' former counsel for $90,000 in legal fees — Test for equitable mortgages — No intention to grant a security interest to counsel — Conditional nature of the Order — Principles from Greenspan v. Van Clieaf, 2023 ONCA 681 applied
  Professional responsibility — Legal fees — Solicitor-client relationship — Whether Blaney McMurtry LLP is entitled to $90,000 in legal fees under the May 30, 2024 consent Order — Collateral attack on consent Orders — Defendants bound by unvaried consent Order — Clatney v. Quinn Thiele Mineault Grodzki LLP, 2016 ONCA 377 applied
  Civil procedure — Fee assessment — Solicitor's Act — Whether Defendants can assess legal fees at less than $90,000 under the May 30, 2024 consent Order — Section 3(b) limitation period under the Solicitor's Act — Consent Order terms binding unless varied or set aside — Assessment adjourned pending motion outcome
  Property — Loan refusal — Mareva injunction — Whether Defendant's refusal to accept a private lender's loan proposal was unreasonable under the May 30, 2024 consent Order — High interest rates and short-term repayment obligations deemed unreasonable — No obligation to accept unfavorable loan terms — Conditional nature of loan provisions in the Order
• 2025-07-02 Zuccarini v. Zuccarini, 2025 ONSC 3925 (CanLII)
  Key Words: Civil procedure — Orders — Terms of orders — Separate representation — Plaintiffs sought to include a term in the order requiring each defendant to be separately represented, including the Estate — Defendants proposed alternative language referencing self-representation and pending motions — Should the terms of the order reflect the requirement for separate representation? — Orders must reflect the court’s decision without extraneous or narrative language
  Civil procedure — Orders — Deadlines for compliance — Plaintiffs proposed a deadline for defendants to retain new counsel — Defendants opposed inclusion of such a term — Should the order include a deadline for retaining new counsel? — No basis for inclusion of a deadline where the ruling did not address it
  Civil procedure — Representation of estates — Litigation administrator — Rule 10.02 — Plaintiffs sought appointment of a litigation administrator for the Estate — Defendants proposed allowing the action to proceed without a representative for the Estate under Rule 10.02 — What is the appropriate process for determining representation of the Estate? — Appointment of a litigation administrator required; Rule 10.02 to be addressed in a separate motion
  Estates and trusts — Representation of estates — Litigation administrator — Plaintiffs sought appointment of a litigation administrator for the Estate — Defendants proposed alternative mechanisms under Rule 10.02 — What is the appropriate process for determining representation of the Estate? — Appointment of a litigation administrator required; further determination to be made by the presiding judge
  Civil procedure — Costs — Case conference costs — Parties agreed that costs of the June 30, 2025, case conference should be determined as part of the costs of the removal motion and motion to strike — Should the costs of the case conference be determined separately? — Costs to be addressed in the broader costs hearing scheduled for early 2026
• 2025-07-02 Bélanger v. Ontario (Transportation), 2025 ONSC 3933 (CanLII)
  Key Words: Civil procedure — Summary judgment — Partial summary judgment — Plaintiffs sought partial summary judgment to preclude the defendant from disputing facts regarding the driver's conduct in a civil negligence action — Whether partial summary judgment is appropriate when facts arise from a prior Highway Traffic Act trial — Rule 20.04 of the Rules of Civil Procedure — Framework from Hryniak v. Maudlin governing summary judgment motions
  Transportation — Road maintenance — Negligence — Plaintiffs alleged that deficient road maintenance by the Ministry of Transportation caused a motor vehicle accident — Defendant argued that the driver’s negligence caused or contributed to the accident — Whether the Ministry could be held liable for failing to maintain Highway 11 — Standard of care for road maintenance in negligence claims
  Torts — Negligence — Doctrine of abuse of process — Plaintiffs argued that relitigation of the driver’s role in the accident would constitute an abuse of process — Whether findings from a Highway Traffic Act trial preclude the defendant from raising the driver’s negligence as a defence — Application of the doctrine of abuse of process by relitigation in civil actions
  Evidence — Use of prior findings — Highway Traffic Act trial — Plaintiffs relied on findings from a prior trial acquitting the driver of careless driving to argue that the driver exercised reasonable care — Whether findings from a provincial offences trial can be determinative in a civil negligence action — Distinction between burdens of proof in criminal and civil proceedings
• 2025-07-02 1660841 Ontario Ltd. v. 2259778 Ontario Inc., 2025 ONSC 3937 (CanLII)
  Key Words: Lease — Commercial lease — Breach of lease terms — Tenant operated a granite and marble fabrication business — Breach of lease provisions by cutting a hole in the concrete floor, clogging the floor drain, and leaving debris — Landlord awarded $68,043.52 in damages for repairs and waste removal — Did the tenant breach the lease, and are the damages reasonably foreseeable? — Breach of lease terms and foreseeability of damages established
  Civil procedure — Summary judgment — Tenant failed to file evidence or submissions and did not attend the hearing — Landlord moved for summary judgment — Should summary judgment be granted in favour of the landlord? — Summary judgment granted as no genuine issue for trial existed under Rule 20
  Contracts — Breach of contract — Damages — Landlord sought damages for tenant’s breach of lease — Damages included repair costs and waste removal — Are the damages flowing from the breach of contract quantifiable and reasonable? — Damages awarded as reasonably foreseeable and quantifiable
  Lease — Costs — Motion for summary judgment — Landlord sought $5,000 in costs for the motion — Is the landlord entitled to costs of the motion? — Costs awarded as fair and reasonable in the circumstances

Superior Court of Justice Divisional Court Recent Decisions

• 2025-07-02 Douris v. Ontario (Law Enforcement Complaints Agency), 2025 ONSC 3504 (CanLII)
  Key Words: Administrative law — Police conduct complaints — Screening decisions — Consolidation of complaints — Complaints Director screened out May 2024 Complaint and consolidated it with ongoing section 71 review process — Was the decision to screen out the complaint unreasonable? — Complaints Director’s discretion under Police Services Act and Community Safety and Policing Act — Decision upheld as reasonable and justified under statutory framework
  Administrative law — Procedural fairness — Consolidation of complaints — Complaints Director directed May 2024 Complaint to be addressed in section 71 review process — Applicant alleged procedural unfairness in screening process — Did the consolidation violate procedural fairness? — Low threshold for procedural fairness at screening stage — No breach of fairness found
  Administrative law — Reasonable apprehension of bias — Complaints Director’s impartiality — Applicant alleged bias due to involvement of LECA Manager of Investigation and statements in Screening Decision — Strong presumption of impartiality — No reasonable apprehension of bias established
  Statutory interpretation — Police Services Act — Community Safety and Policing Act — Complaints Director’s discretion to screen out complaints — Public interest considerations under section 60(4) of the Police Services Act — Interpretation of statutory framework governing police conduct complaints — Decision to screen out complaint found consistent with statutory authority
  Civil procedure — Record of Proceeding — Judicial review — Applicant sought to add internal LECA documents to Record of Proceeding — Motion judge refused to include documents related to a separate complaint — Did the motion judge err in excluding documents? — Keeprite exceptions for supplementing record not met — Motion dismissed
• 2025-07-02 Sistermans v. CAA Insurance Co., 2025 ONSC 3809 (CanLII)
  Key Words: Administrative law — Judicial review — Standard of review — Tribunal decisions — Appeal and judicial review of Licence Appeal Tribunal decisions regarding capacity to settle accident benefits claim — Whether Tribunal erred in law or acted unreasonably in its findings — Whether procedural fairness was denied — Standard of review for questions of law, fact, and procedural fairness — Canada (Minister of Citizenship and Immigration) v. Vavilov framework applied
  Evidence — Capacity to contract — Presumption of capacity — Rebuttable presumption under Substitute Decisions Act — Tribunal's reliance on academic records, cognitive testing, and psychological evidence — Whether Tribunal failed to consider psychological impairments and ability to appreciate consequences of settlement — Legal standard for capacity to instruct counsel and settle claims — Koch (Re) and Carmichael v. GlaxoSmithKline Inc. applied
  Insurance — Statutory accident benefits — Settlement agreements — Capacity to settle — Tribunal's finding that applicant did not rebut presumption of capacity — Whether Tribunal's decision was unreasonable or lacked justification — Retrospective capacity assessments and their evidentiary weight — Statutory Accident Benefits Schedule, O. Reg. 34/10, s. 280 of the Insurance Act
  Civil procedure — Procedural fairness — Exclusion of expert evidence — Tribunal's refusal to admit expert report on capacity due to retrospective nature — Denial of production order for unredacted claims notes — Whether procedural rulings denied applicant a fair hearing — Baker v. Canada (Minister of Citizenship and Immigration) factors applied
• 2025-07-02 Akman v. Sonnet Insurance Company, 2025 ONSC 3924 (CanLII)
  Key Words: Civil procedure — Costs on appeal — Small Claims Court — Appeal allowed — Whether costs order at first instance survives appeal — General principle that costs orders below are set aside when an appeal is allowed — Costs awarded to successful appellant — St. Jean v. Cheung applied — Hunt v. TD Securities Inc. applied
  Insurance — Duty to defend — Landlord and Tenant Board hearing — Appeal of Small Claims Court decision — Whether insurer required to pay costs awarded at first instance after appeal success — Costs order set aside upon appeal success — General principles governing costs prevail over regulatory limits
  Statutory interpretation — Small Claims Court — Costs awards below $3,500 — O. Reg. 626/00, s. 2 — Whether regulatory limit prohibits appeal of costs award — Regulatory provision does not override general principles governing costs on appeal — Riddell v. Carefree Moving Inc. considered
• 2025-06-27 Benabed v. Levasseur, 2025 ONSC 3692 (CanLII)
  Key Words: leave — inclusive — time — extension — writing
• 2025-06-27 Montaleone v. Ontario (Attorney General), 2025 ONSC 3693 (CanLII)
  Key Words: inclusive — writing — payable — motion — leave