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

• 2026-08-27 The Corporation of the Town of Saugeen Shores v. 2706913 Ontario Inc., 2026 ONSC 4927 (CanLII)
  Key Words: Procedure — Arbitration — Competence-competence — Arbitration Act, 1991, s. 17 — Who decides whether issues are arbitrable under art. 13.1 of the Lease — Dell Computer Corp. v Union des consommateurs, Uber Technologies Inc. v. Heller, Peace River Hydro Partners v. Petrowest Corp. applied — Exceptions for pure law and superficial review rejected — Application dismissed
  Contracts — Lease — Contractual interpretation — Art. 13.1 arbitration, art. 8.2 Operating Standards, art. 8.3 adherence to Operating Standards, Force Majeure provisions — If the court is the venue, are the issues arbitrable under art. 13.1 — Court finds arbitrator should decide arbitrability and declines to decide the second issue — Application dismissed
• 2026-08-27 Furtado v. De Sousa et al, 2026 ONSC 4916 (CanLII)
  Key Words: Procedure — Costs — Pierringer agreement — All-inclusive settlement — Fixing costs component as of settlement date — Whether costs reflect reasonable proportion of fees and disbursements incurred pursuing both defendants — Deduction from settlement proceeds before credit against jury award to prevent double recovery — Full indemnity costs fixed
  Procedure — Costs — Credit against damages — All-inclusive settlement proceeds — How to determine costs attributable to settling defendant rather than “additional expenses” only — Consideration of result, proportionality, and r. 57.01 factors — Settlement compared to total jury award as indicator of significance — Apportionment set at 25% plus defendant-specific disbursements — Costs deducted
  Procedure — Costs — Contingency fee — Solicitors Act — Whether Contingency Fee Retainer Agreement affects costs allocation — Solicitors Act, s. 20 and s. 20.1 applied — Costs assessed in the usual manner under r. 57.01 without reduction for contingency arrangement — Costs award capped by amount payable under agreement — Cap set using 30% of net jury award — Cap applied
  Insurance — Statutory accident benefits — Costs incidental to proceeding — Whether costs of pursuing statutory accident benefits should be considered in assessing costs — Cadieux v. Cloutier factors noted but information missing — Statutory accident benefits reduction accrued to non-settling defendant only — Not fair to notionally visit those costs on settling defendant — Claim for those costs disallowed without prejudice — Claim disallowed
  Procedure — Costs — Disbursements and HST — Full indemnity — Recoverability and reasonableness of disbursements actually paid — CRA policy statement P-209R accepted on HST billing for non-agency disbursements — Disbursement for assessment without report disallowed — Accident benefits-related disbursements disallowed — Defendant-specific engineering reports allocated 100% to settling defendant — Total full indemnity costs fixed at $74,934.33 — Costs fixed
• 2026-08-26 The Estate of Sean Craddock et al. v. Daviau, 2026 ONSC 4881 (CanLII)
  Key Words: Estates and wills — Estate administration — Estate Trustee authority — Vesting of estate property under Estates Administration Act — Power to dispose of real property under Trustee Act and will — Beneficiary status as residual beneficiary and estate liquidity — Authority to sell established — Estate application granted substantially, beneficiary application dismissed
  Estates and wills — Beneficiaries — Occupation of estate property — Whether residual beneficiary has right of occupation or proprietary interest — Will did not devise property or confer life interest, trust interest, or right of occupation — Extrinsic evidence of alleged wishes and Robinson Estate v. Robinson inadmissibility principles — No legal basis to remain — Vacant possession ordered
  Procedure — Interlocutory relief — Injunction and certificate of pending litigation — RJR-MacDonald Inc. v. Canada (Attorney General) test and balance of convenience — Whether claim discloses triable issue respecting an interest in land for CPL — Dispute characterized as estate administration, not interest in land — Injunction refused, CPL refused, application dismissed
  Estates and wills — Equitable remedies — Occupation rent and carrying costs — Occupation rent grounded in equitable principles and Filippelli Estate, Bergmann v. McMahon, Officer v Estate of Officer, Broos v. Broos — Continued occupation after agreed vacancy date and deprivation to estate — Utility-related expenses attributable to occupation, taxes and insurance treated as ownership costs — Occupation rent awarded, carrying costs partly allowed
  Evidence — Admissibility — Reopening evidentiary record — Whether late home inspection report tendered during closing submissions should be admitted — Report not filed in application materials, not attached to affidavit, no opportunity for cross-examination — Procedural unfairness and orderly conduct of proceeding — Record not reopened — Report not admitted into evidence
• 2026-08-26 Re Hope, 2026 ONSC 4888 (CanLII)
  Key Words: Bankruptcy and insolvency — Trustee in bankruptcy — Proof of claim — Appeal of Notice of Disallowance under Bankruptcy and Insolvency Act, s. 135(4) — Creditor sought to set aside disallowance and admit claim as proven — Court set aside Notice of Disallowance and directed parties to continue discussions regarding validity of claim — Appeal granted in part
  Bankruptcy and insolvency — Claims procedure — Reasons for disallowance — Bankruptcy and Insolvency Act, s. 135(3) — Whether Notice of Disallowance stating “failed to respond” gives sufficient reasons — Requirement that reasons justify and explain rationale and refer to facts relied on — Insufficient reasons found to prevent meaningful appeal — Notice of Disallowance set aside
  Procedure — Appeals — Bankruptcy appeal procedure — Whether appeal under Bankruptcy and Insolvency Act, s. 135(4) is a true appeal — Hearing de novo not a matter of right and discretionary to prevent injustice — Bankruptcy of Verinder Malhotra applied — Need for adequate reasons to frame the appeal emphasised — Appeal determined on record — Appeal allowed in part
  Bankruptcy and insolvency — Proof of claim — Admission as proven claim — Whether Court should order creditor’s claim admitted as a proven claim in the bankruptcy — Court declined to make a proven-claim order in the circumstances — Trustee and creditor’s counsel directed to re-engage on validity based on motion records — Request to admit claim dismissed
• 2026-08-26 Beach v. Royal and SunAlliance Insurance Company, 2026 ONSC 4901 (CanLII)
  Key Words: Procedure — Costs — Discretion to fix costs on motions — Courts of Justice Act, s. 131(1), Rules of Civil Procedure, rr. 57.01, 57.03, 37.09 — Fairness, reasonableness and proportionality — Consideration of offers to settle and divided success — Costs fixed for some motions, each party to bear own costs on one motion
  Procedure — Costs — Timing and allocation — Whether costs should be reserved to the trial judge — Motions judge to determine costs at this stage — Presumptive entitlement of predominantly successful party — Costs not “in the cause” and not reserved — Reliance on r. 57.03(1)(a) — Costs determined now
  Procedure — Costs — Abandoned motion — Rules of Civil Procedure, r. 37.09(3) — Whether an abandoned motion remains a separate, discrete motion requiring a response — Effect of undertakings answered after service and ongoing obligation to answer undertakings — Partial entitlement to costs for abandoned motion — Costs awarded
  Procedure — Costs — Contested motion on production and privilege — Litigation privilege date and Schedule B documents — Whether materials were improperly excessive and whether duplicative work should be reduced — Application of r. 57.01 factors, fairness, reasonableness and proportionality — Successful party awarded reduced all-inclusive costs
  Procedure — Costs — Divided success — Whether each party should bear its own costs where success was divided — Court’s view on divided success maintained — No different order more just on that motion — Each party to bear own costs for that motion — No costs awarded on that motion

Superior Court of Justice Divisional Court Recent Decisions

• 2026-08-26 Taha et al. v. Equitable Bank, 2026 ONSC 4886 (CanLII)
  Key Words: Lease and tenancy — Residential tenancies — Consent orders — Attornment of rents — Termination of tenancy by consent before the Landlord and Tenant Board — Whether the Form N4 and related documents were defective — Rent paid to the owner after notice of attornment — Sheriff’s eviction contemplated — Motion dismissed with costs
  Limitation periods — Appeals — Extension of time — Residential Tenancies Act, 2006 — Whether the 30-day appeal period should be extended — No reasonable explanation for delay in filing a notice of appeal — Intention to appeal arose well beyond the appeal period — Ongoing prejudice from non-payment of rent — Extension refused
  Statutory interpretation — Statutory appeal — Questions of law — Residential Tenancies Act, 2006 — Whether the proposed appeal raises a question of law — Statutory appeal limited to questions of law — No error of law identified in the consent order — Notice of appeal discloses no question of law — Leave to appeal dismissed
  Procedure — Stay pending appeal — Interim relief — Whether enforcement should be stayed pending the proposed appeal — Serious issue to be tried, irreparable harm, and balance of convenience considered — No irreparable harm found and proposed appeal lacks merit — Balance of convenience favours landlord — Stay refused, motion dismissed with costs
• 2026-08-25 Taylor v. Human Rights Tribunal of Ontario, 2026 ONSC 4873 (CanLII)
  Key Words: Appeals — Leave to appeal — Extension of time
• 2026-08-24 Kayonga v. Social Benefits Tribunal et al., 2026 ONSC 4848 (CanLII)
  Key Words: Administrative law — Appeal — Error of law — Social Benefits Tribunal decision upholding Administrator’s overpayment assessment — Whether Tribunal made an error of law — Re-arguing the Tribunal appeal not the purpose of an appeal — Disputing weighing of evidence not a ground of appeal — Appeal dismissed
  Administrative law — Bad faith — Discretionary decision-making — Alleged bad faith in Administrator’s assessment of overpayment — Whether Tribunal erred in rejecting bad faith assertions — Intake process, change of caseworker and communication difficulties relied on — Tribunal found evidence supported repayment obligation — Appeal dismissed
  Administrative law — Reasonableness — Delay — Delay between overpayment period and later assessment — Whether delay made assessment unreasonable or legally incorrect — Tribunal found Administrator lacked accurate information until later — Unclear what steps Administrator could undertake — Appellant had information and did not disclose it — Appeal dismissed
  Pensions and social benefits — Ontario Works — Overpayment calculation — Application of Better Jobs Ontario funding to earlier months — Whether Tribunal erred applying December payment to November overpayment — Regulation, s. 48(3) applied to months income intended to cover — Funding start date supported November coverage — Appeal dismissed
• 2026-08-24 Dali v. Hlail, 2026 ONSC 4863 (CanLII)
  Key Words: Lease and tenancy — Residential tenancies — N12 notice — Good faith — Whether Board applied correct test for landlord’s genuine intention to occupy — Consideration of post-notice conduct as relevant evidence — Elkins v. Van Wissen, 2023 ONCA 789 applied — Appeal dismissed
  Lease and tenancy — Residential Tenancies Act, 2006 — Presumption of bad faith — RTA, s. 57(5) — Rebuttable presumption where unit re-rented within prescribed period — Burden on landlord to rebut on balance of probabilities — Explanation of change in circumstances rejected as unpersuasive — Appeal dismissed
  Lease and tenancy — Tenant applications — Statutory causation — RTA, s. 57 — Whether tenants vacated “as a result of” N12 notice — Board finding that tenants searched and moved because of notice — Reasons read as a whole permit meaningful appellate review — Appeal dismissed
  Administrative law — Procedural fairness — Interpretation at tribunal hearing — Whether use of tenant’s family member as interpreter caused unfairness — Member’s active supervision and warnings regarding word-for-word translation — No specific prejudice or finding traced to mistranslation — SPPA and common law fairness satisfied — Appeal dismissed
• 2026-08-19 United Steelworkers v. Greenfirst Forest Products, 2026 ONSC 4599 (CanLII)
  Key Words: Administrative law — Judicial review — Reasonableness — Whether the award was unreasonable for omitting the Letter of Understanding on weekend overtime distribution — Vavilov reasonableness framework applied, internally coherent analysis required — Central issues must be addressed per Vavilov paras. 127-128 — Failure to grapple with express LOU language rendered decision unreasonable — Award set aside — Matter remitted
  Administrative law — Scope of issues — Whether the arbitrator reasonably declined to decide student overtime compensation as not the real issue — Decision maker must address central issues raised by the parties — Vavilov emphasises justification in relation to constraining law and facts — Unexplained refusal to decide overtime question unreasonable — Matter remitted
  Administrative law — Remedies — Remittal — Should the Court decide the interpretive issue or remit to another arbitrator? — Commitment to deference and specialised labour expertise emphasised in Mason and Vavilov — Record and reasons inadequate for final determination — Remittal appropriate to different arbitrator with directions — Matter remitted
  Labour and employment — Collective agreements — Overtime distribution — Letter of Understanding governing voluntary weekend overtime and seniority-based distribution — Whether weekend cleanup work must be distributed by seniority among qualified volunteers — Interaction between management rights and express overtime distribution clause — Arbitrator failed to consider LOU — Grievance dismissed below — Award unreasonable — Matter remitted