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

• 2025-11-20 RND Capital v. Mikhail et al, 2025 ONSC 6494 (CanLII)
  Key Words: Civil procedure — Summary judgment — Genuine issue for trial — Plaintiff sought summary judgment to enforce mortgage loan agreement and dismiss counterclaim — Defendants alleged conspiracy and fraudulent misrepresentation — Whether credibility issues and evidentiary gaps precluded summary judgment — Rule 20.04(2)(a) of the Rules of Civil Procedure — Summary judgment denied due to unresolved credibility issues and intertwined claims requiring trial
  Property — Mortgage enforcement — Default — Plaintiff sought possession of property and repayment of mortgage loan — Defendants defaulted on payments — Whether plaintiff entitled to possession and repayment under mortgage terms — Standard Charge Terms permitting possession upon default — Genuine issue requiring trial regarding enforceability of terms and damages
  Evidence — Credibility — Fraudulent misrepresentation — Defendants alleged collusion between plaintiff and mortgage brokers — Contradictory evidence from plaintiff regarding broker involvement — Gaps in evidence regarding appraisal and broker communications — Whether credibility issues required trial — Rule 20.04(2.1) enhanced fact-finding powers insufficient to resolve credibility disputes
  Torts — Conspiracy — Fraudulent misrepresentation — Defendants alleged conspiracy to place them in financial desperation — Elements of civil conspiracy under Cement LaFarge and Lilleyman v. Bumble Bee Foods LLC — Whether defendants to counterclaim acted unlawfully or with intent to harm — Genuine issue requiring trial regarding alleged conspiracy and damages
  Contracts — Mortgage loan agreement — Enforceability of terms — Plaintiff sought repayment of principal, interest, and fees — Defendants alleged agreement was disadvantageous due to fraudulent conduct — Whether terms of agreement enforceable and amounts owed — Standard Charge Terms and independent legal representation considered — Trial required to determine enforceable terms and damages
• 2025-11-20 Fazzari v. Fazzari, 2025 ONSC 6462 (CanLII)
  Key Words: Family — Equalization of net family property — Matrimonial home — Farm properties — Calculation of net family property — Equalization payment of $322,241.37 ordered — Survivor pension included in net family property — Should the survivor pension and other assets be included in the net family property calculation? — Family Law Act, R.S.O. 1990, c. F.3 — Framework for determining equalization payments
  Family — Post-separation adjustments — Mortgage payments — Property taxes — Maintenance costs — Adjustments for payments made post-separation towards jointly owned properties — Are post-separation adjustments owed for payments made by one spouse after separation? — Adjustments awarded for mortgage, property taxes, and maintenance costs
  Family — Partition and sale of jointly owned properties — Matrimonial home and farm properties — Order for sale under the Partition Act — Resistance to sale by co-owners — Should an order for the sale of jointly owned properties be granted? — Prima facie right to partition and sale absent malicious or vexatious conduct
  Contracts — Land transfer agreement — Validity and enforceability — Alleged agreement transferring family properties to a corporation owned by one son — Evidence of fabrication and inconsistencies — Is the land transfer agreement genuine, and if so, should it be set aside? — Agreement found invalid due to lack of authenticity and unconscionability
  Estates and trusts — Resulting trust — Constructive trust — Ownership of farm properties — Presumption of resulting trust rebutted — Gift of property to adult children — Do the sons hold the farm properties in trust for their parents? — Ownership determined to reflect legal title, with no unjust enrichment
• 2025-11-19 Pozgaj v. CIBC, 2025 ONSC 6412 (CanLII)
  Key Words: Civil procedure — Class actions — Settlement approval — Distribution protocol — Notice plan — Whether the settlement agreement is fair, reasonable, and in the best interests of the class — Court approved settlement of $26 million, pro rata distribution, and cy-près remainder to Osgoode IPC — Principles from Nunes v. Air Transat and Robinson v. Medtronic applied
  Estates and trusts — Breach of trust — Mutual funds — Trailing commissions — Whether payment of trailing commissions to discount brokers constituted breaches of trust, fiduciary duty, and contract — Defendants settled without admitting liability — Class Proceedings Act, 1992, S.O. 1992, c. 6
  Professional responsibility — Class counsel fees — Contingency fee agreements — Whether 28% contingency fee and disbursements are fair and reasonable — Court approved $7.28 million in fees and $95,881.90 in disbursements — Retainer agreement and quantum meruit principles applied
  Civil procedure — Litigation funding — Interim payment to funder — Security for costs — Whether interim payment of $1.075 million to funder and release of $400,015 security for costs should be approved — Court approved interim payment and release of security — Funding agreement terms upheld
  Civil procedure — Representative plaintiff — Honorarium — Exceptional service — Whether $10,000 honorarium to representative plaintiff is justified — Court approved honorarium for significant contributions, public advocacy, and exceptional engagement — Fresco v. CIBC and Westwood v. TD Asset Management applied
• 2025-11-19 Francis v. Ventura-Francis, 2025 ONSC 6437 (CanLII)
  Key Words: Family — Child support — Imputation of income — Fraudulent non-disclosure — Mother’s income imputed at $74,323.70 for 2022, $75,175.46 for 2023, and $74,749.58 for 2024 — Should the July 10, 2023 order be set aside due to fraudulent non-disclosure? — Rule 25(19) of the Family Law Rules applied to set aside the order based on fraud
  Evidence — Fraudulent non-disclosure — Financial disclosure — Mother failed to disclose significant income in bank records — Father alleged fraudulent intent — What constitutes fraud under Rule 25(19) of the Family Law Rules? — Fraud requires proof of false representation made knowingly or recklessly with wrongful intent
  Civil procedure — Costs — Reimbursement of costs — Father sought reimbursement for $16,862.50 in costs incurred due to failed binding JDR and financial investigations — Should the father be reimbursed for costs thrown away? — Court declined to order repayment absent clear evidence of entitlement
  Family — Financial disclosure — Ongoing obligations — Mother ordered to provide annual financial disclosure of all bank deposits to ensure accurate child support calculations — Should the mother be required to provide ongoing financial disclosure? — Court ordered annual disclosure to maintain transparency and fairness in child support determinations
• 2025-11-18 Stajic v. Wayland Group and Ward, 2025 ONSC 6393 (CanLII)
  Key Words: Civil procedure — Mareva injunction — Renewal and extension — Plaintiffs sought to renew and extend a Mareva injunction to include disclosure of banking information from law firms previously paid by the defendant — Defendant failed to appear or respond to the motion — Should the Mareva injunction be extended to include disclosure of banking information? — Interests of justice favour disclosure to prevent asset dissipation and protect investors' claims
  Evidence — Solicitor-client privilege — Banking information — Plaintiffs sought disclosure of banking information from law firms previously paid by the defendant — Law firms argued that such information is presumptively privileged — Does solicitor-client privilege prevent disclosure of banking information? — Privilege does not shield clients from disclosing relevant financial information in properly constituted proceedings
  Professional responsibility — Clarification of prior endorsement — Non-party allegations — Counsel for a non-party objected to references in a prior endorsement that recited allegations against the non-party — Should the court clarify that prior references to allegations do not constitute findings of fact? — Court clarified that prior statements were a recitation of allegations, not findings of fact

Superior Court of Justice Divisional Court Recent Decisions

• 2025-11-20 Atkinson v. Economical, 2025 ONSC 6463 (CanLII)
  Key Words: Administrative law — Quashing of tribunal decisions — Remittal for further adjudication — Human Rights Tribunal of Ontario (HRTO) decisions quashed, including reconsideration decision — Licence Appeal Tribunal (LAT) decisions quashed, including reconsideration and cancellation decisions — Matters remitted to respective tribunals for further adjudication — Whether tribunal decisions were properly quashed and remitted — Governing principles for judicial review of administrative decisions
  Statutory interpretation — Tribunal decisions — Human Rights Tribunal of Ontario (HRTO) — Licence Appeal Tribunal (LAT) — Interpretation of statutory authority to reconsider and cancel prior decisions — Whether tribunal decisions exceeded statutory authority or were procedurally unfair — Governing principles for statutory interpretation in administrative law
  Rights and freedoms — Judicial review — Directions to tribunal — Appellant sought directions to HRTO on how further adjudication should be conducted — Court declined to provide directions — Whether judicial directions to administrative tribunals infringe on tribunal independence — Governing principles for judicial restraint in administrative law
  Civil procedure — Tribunal hearings — Prompt scheduling — Licence Appeal Tribunal (LAT) encouraged to schedule a prompt hearing given the length of time the matter has been outstanding — Whether procedural fairness requires expedited scheduling — Governing principles for procedural fairness in administrative law
• 2025-11-20 Enei v. Enei, 2025 ONSC 6279 (CanLII)
  Key Words: Family — Property division — Unjust enrichment — Unequal division of net family property — Summary judgment — Appellant alleged Respondent diverted funds and sought unequal division of property — Did the motion judge err in granting partial summary judgment and dismissing claims for unjust enrichment and unequal division? — Summary judgment appropriate where no genuine issue for trial — Family Law Act, R.S.O. 1990, c. F.3, s. 5(6)
  Civil procedure — Disclosure — Appellant sought additional disclosure of Respondent's financial records — Motion judge dismissed disclosure motion as interlocutory and not properly before the court — Did the motion judge err in dismissing the motion for disclosure? — Interlocutory orders require leave to appeal — Family Law Rules, O. Reg. 114/99
  Family — Equalization of net family property — Unconscionability — Appellant claimed unequal division of property prior to equalization determination — Did the motion judge err in addressing unequal division before equalization? — Equalization payment parameters known except for minor issue — No unconscionability found under s. 5(6) of the Family Law Act
  Evidence — Forensic report — Expert evidence — Appellant alleged motion judge erred in rejecting forensic report by Appellant's expert — Did the motion judge make a palpable and overriding error of fact in assessing the evidence? — Motion judge preferred Respondent's reconciliation of financial records over expert report — High threshold for palpable and overriding error not met
• 2025-11-19 Apitipi Anicinapek Nation v. Ontario, 2025 ONSC 5033 (CanLII)
  Key Words: Administrative law — Judicial review — Jurisdiction of Divisional Court — Application for judicial review challenging decision under Lakes and Rivers Improvement Act (LARIA) — Applicant seeking declaration of unconstitutionality of legislative framework — Whether Divisional Court has jurisdiction to hear constitutional challenge — Jurisdiction of Divisional Court limited to statutory powers under Judicial Review Procedure Act — Constitutional challenge transferred to Superior Court — Judicial Review Procedure Act, R.S.O. 1990, c. J.1, s. 2(1)
  Constitution — Legislative framework — Constitutionality — Duty to consult — Applicant alleging LARIA framework unconstitutional for failing to trigger duty to consult under s. 35 of Constitution Act, 1982 — Whether constitutional challenge ancillary to judicial review application — Constitutional challenge not within Divisional Court jurisdiction — Proper forum for constitutional challenges is Superior Court — Constitution Act, 1982, s. 35
  Civil procedure — Evidence — Judicial review — Motion to strike evidence — Applicant submitting expert affidavits not before decision-maker — Whether evidence admissible under exceptions for judicial review — Motion to strike adjourned to panel hearing judicial review application — Courts reluctant to decide admissibility of evidence in advance of merits hearing — Humberplex Developments v. Attorney General for Ontario, 2023 ONSC 2962
• 2025-11-19 Lamba v. Registrar Trust in Real Estate Services Act, 2002 and The Licence Appeal Tribunal, 2025 ONSC 6338 (CanLII)
  Key Words: Administrative law — Procedural fairness — Standard of review — Tribunal decisions subject to appellate standards of review — Correctness for questions of law, palpable and overriding error for questions of fact or mixed fact and law — Procedural fairness claims assessed without a standard of review — Did the Tribunal breach procedural fairness in its decisions? — Framework from Vavilov and Abrametz applied
  Civil procedure — Judicial review — Discretion to refuse judicial review — Tribunal decisions subject to statutory appeal — Whether judicial review should proceed when statutory appeal is available — Court exercised discretion to hear judicial review — Yatar v. TD Insurance Meloche Monnex applied
  Professional responsibility — Procedural fairness — Court reporter — Tribunal allowed Appellant to retain a court reporter but did not require Registrar to pay — Appellant failed to retain a court reporter despite permission — No denial of procedural fairness found
  Evidence — Summons request — Tribunal denied Appellant's request to summon Registrar — Evidence sought deemed irrelevant to issues in dispute — Tribunal's decision upheld as reasonable and procedurally fair — Statutory Powers Procedure Act and Tribunal Rules applied
  Statutory interpretation — Real estate registration — Tribunal dismissed appeal of Registrar's Notice of Proposal to refuse registration — Appellant failed to meet burden under s. 17 of Trust in Real Estate Services Act, 2022 — Tribunal's decision upheld as reasonable — Framework for statutory interpretation applied
• 2025-11-19 Carrubba-Gomes v. Gomes, 2025 ONSC 6377 (CanLII)
  Key Words: Family — Spousal support — Interim orders — High-income payor — Spousal Support Advisory Guidelines (SSAGs) — Whether the motion judge erred in law by failing to consider, analyze, and apply the SSAGs in determining interim spousal support — SSAGs as a tool for predictability and fairness — Interim orders subject to trial adjustment — No reversible error found — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), ss. 15.2(4), 15.2(6)
  Family — Spousal support — Interim orders — Budget analysis — Whether the motion judge erred in focusing on the recipient's budget rather than the SSAGs — Needs and means tests emphasized in interim orders — Temporary nature of interim orders — Motion judge's discretion upheld — Interim spousal support of $45,000 per month within SSAG range for high-income payor
  Family — Spousal support — Net disposable income (NDI) — High-income cases — Whether the motion judge erred in allocating a disproportionate share of NDI to the recipient — Fielding v. Fielding principle on avoiding 50/50 NDI split in high-income cases — Allocation of 56.6% NDI to recipient upheld — No error in considering recipient's needs and payor's means — Interim orders subject to trial adjustment
  Civil procedure — Appeals — Standard of review — Interim spousal support orders — Whether appellate courts should interfere with interim orders — Deference to motion judge's discretion — Correctness standard for legal errors — Palpable and overriding error for mixed fact and law — Interim orders reviewed for reasonableness and temporary nature — Housen v. Nikolaisen, 2002 SCC 33