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

• 2026-09-17 Karagan v. Seemann, 2026 ONSC 5278 (CanLII)
  Key Words: Limitation periods — Limitations Act, 2002 — Discoverability — Due diligence — Whether the application was barred based on s. 4 and s. 5(1) — s. 5(2) presumption and prior owner’s knowledge considered — Applicant failed to prove discovery within two years — Claim found discoverable earlier — Damages partly barred
  Civil liability — Torts — Nuisance — Surface water drainage — Whether recurring damage from redirected runoff is a continuing nuisance — Substantial and unreasonable interference with use and enjoyment of land — Chaudière and Roberts applied to lawful act with later damage — New cause of action arises as nuisance continues — Continuing nuisance found
  Limitation periods — Remedies — Time-barred damages — Continuing nuisance — Whether damages are limited to the two years before issuance while other relief proceeds — Damages sustained more than two years before issuance barred — Damages within two years allowed — Mandatory injunction for corrective work not barred — Motion granted in part, claim allowed in part
• 2026-09-17 Riedel v. Sangha, 2026 ONSC 5258 (CanLII)
  Key Words: Trusts — Costs — Public policy — Trust creation problems caused by the settlor — Whether costs should be paid from the trust where litigation clarifies what trusts existed, who settled them, who beneficiaries and trustees were — Estates costs principles extended to trusts, ensuring proper administration — Costs ordered paid from trust
  Trusts — Costs awards — Mixed success — Whether either side was the successful party on the motion and application — Applicant succeeded in establishing trusts were not as described, but did not establish invalidity — Respondent upheld validity on different terms than alleged — Payment of costs from the trust justified by ambiguities and administration needs — Costs payable out of trust
  Procedure — Costs discretion — Fixing costs — Courts of Justice Act, s. 131 — Rules of Civil Procedure, r. 57.01 — How to fix fair and reasonable partial indemnity and full indemnity costs — Indemnity, reasonable expectations, complexity and importance considered — Costs fixed and payable from trust
  Procedure — Costs — Trustees — Whether any costs award should be made in favour of trustees — Trustees’ costs expected to have been paid out of the trust in any event — No basis to order costs be paid by any other party — No costs award made in favour of trustees
  Procedure — Costs — Abandoned application — Rules of Civil Procedure, r. 38.08(3) — Whether respondent was entitled to costs after application abandoned — Whether costs are compensatory where respondent did not fund legal costs and bill was excessive — Motion for costs should not have been incurred — Each to bear own costs
• 2026-09-16 Mian v. Mian, 2026 ONSC 5219 (CanLII)
  Key Words: Procedure — Motions — Contempt and abuse of process — Bifurcation into liability and penalty phases — Motion seeking contempt, abuse of process, stay, leave to amend counterclaim, full indemnity costs — Trial adjourned to adjudicate first phase — Parties directed to attend penalty or remedy hearing — Motion allowed
  Procedure — Contempt of court — No-dealings order — Carey v Laiken, 2015 SCC 17, three-element test — Did the no-dealings order clearly enjoin dealing with listed properties and was it knowingly breached — Sale by power of sale and registration of a vendor take back mortgage found intentional — Contempt found
  Procedure — Contempt of court — Production order — Carey v Laiken, 2015 SCC 17, clear order, knowledge, intentional breach — Whether failure to provide information, documents, tenancies, rent, taxes, insurance, utilities, maintenance, and transactions amounts to contempt — Half-hearted compliance and stonewalling found — Contempt found
  Procedure — Abuse of process — Non-compliance with court orders — Behn v. Moulton Contracting Ltd., 2013 SCC 26, public interest in administration of justice — Whether flouting no-dealings order and successive undertakings constitutes abuse of process on a balance of probabilities — Self-help and intentional non-compliance found to bring administration of justice into disrepute — Abuse of process found
  Procedure — Abuse of process — Inconsistent positions — National Bank Financial Ltd. v. Barthe Estate, 2015 NSCA 47, deception and misleading the court — Whether pleading beneficial interest through constructive trust while swearing outright ownership by inter vivos gift advances fundamentally irreconcilable positions — Withholding evidence and about-face found egregious — Abuse of process found
• 2026-09-16 Pianosi v. Pianosi Industrial Leasing Ltd., 2026 ONSC 5239 (CanLII)
  Key Words: Business associations — Ontario Business Corporations Act oppression remedy — Closely-held family company — Reasonable expectations and transparency — Whether respondents acted oppressively toward a 50% shareholder under OBCA, s. 248 — Withholding financial information, exclusion from management, self-dealing and benefits to insiders — Oppression found
  Business associations — Oppression — Reasonable expectations — Closely-held company governance — Whether a 50% shareholder has a reasonable expectation of full financial disclosure and non-self-dealing — BCE Inc. v. 1976 Debentureholders framework applied — Unilateral bonuses, interest-free loans, and exclusion from decision-making assessed — Liability under OBCA, s. 248 confirmed
  Business associations — Remedies — Buy-out and winding up — OBCA, ss. 207, 248 — Whether winding up is required or whether a buy-out is preferable given deadlock and dysfunction — Directions for a mini-trial on valuation and quantification of damages — Interim equalization payment ordered — Winding up deferred pending buy-out process
  Limitation periods — Laches and limitations — Oppression claims — Whether the claims are barred by laches and or statutory limitations where disclosure was withheld — When the claim clock started to run in light of court-ordered disclosure — Respondents’ laches and limitations arguments rejected — Claims not dismissed
  Procedure — Applications — Conversion to trial — Procedural fairness — Whether the matter should be converted to a trial due to alleged complexity and credibility issues — Oppression remedy proceedings treated as applications where issues can be decided on the record — Supplementary affidavit and expert material admitted — Conversion request abandoned, application proceeds
• 2026-09-15 Brown v. Bolarinwa, 2026 ONSC 4854 (CanLII)
  Key Words: Contracts — Agreement of purchase and sale — Formation and validity — Binding contract under seal using OREA Form 100 — Whether non est factum makes the contract void and unenforceable — Misrepresentation alleged about deposit and binding effect — Carelessness in signing not established on evidence — Defence rejected — Summary judgment granted
  Procedure — Summary judgment — Rules of Civil Procedure, r. 20.04(2) — Whether there is no genuine issue requiring a trial — Hryniak v. Mauldin framework applied — Best foot forward requirement and sufficiency of record — Enhanced fact-finding powers not exercised by associate judge — Motion granted — Summary judgment granted
  Contracts — Breach and damages — Mitigation — Anticipatory breach by repudiation of agreement to purchase property — Difference between contract price and resale price claimed — Onus to prove mitigation failure not met — Re-listing and acceptance of resale offer treated as reasonable — Damages assessed — Damages awarded
  Procedure — Stay of execution — Rules of Civil Procedure, r. 20.08 — Whether enforcement should be stayed pending determination of third-party claim — Heliotrope multi-factorial test applied — Relationship between claims found distinct and severable — Prejudice and terms of stay not supported on record — Stay refused — Summary judgment enforced

Superior Court of Justice Divisional Court Recent Decisions

• 2026-09-17 Delic v. Henley Group Ltd., 2026 ONSC 5264 (CanLII)
  Key Words: Lease and tenancy — Residential tenancies — Appeals — Residential Tenancies Act, s. 210(1) — Whether appeal raises a “question of law” — Challenge to Board’s weighing of factors under RTA s. 83 treated as fact or mixed fact and law — Divisional Court lacks jurisdiction absent legal error — Appeal quashed
  Procedure — Appeals — Quashing appeal — Courts of Justice Act, s. 134(3), Rules of Civil Procedure, Rule 2.1.01(1) — Whether appeal is manifestly devoid of merit or an abuse of process — Appeal used to obtain statutory stay and continue non-payment — “Gaming the system” found — Appeal quashed
  Procedure — Stays — Stay of enforcement — Courts of Justice Act, s. 134(2), Rule 63.01(5), Statutory Powers Procedure Act, s. 25(1) — Whether stay should be lifted for failure to comply with payment terms — Compliance found, though barely — Request to lift stay dismissed — Stay lifted as consequence of appeal quashed
  Procedure — Costs — Written submissions — Whether successful moving party entitled to costs of the appeal — Costs to follow event on motion to quash — Amount and responsibility to be determined on written submissions — Prior costs awards noted as unpaid — Costs entitlement confirmed, quantum deferred
• 2026-09-16 Espenes v. Vadhvana, 2026 ONSC 5225 (CanLII)
  Key Words: Lease and tenancy — Residential tenancies — Appeals on questions of law — Residential Tenancies Act, 2006, s. 210(1) — Whether Landlord and Tenant Board orders on L2 and L1 disclose errors of law — Statutory stay under Statutory Powers and Procedure Act, s. 25(1) noted — Eviction delay conditions addressed — Appeal dismissed
  Procedure — Tribunal procedure — Consolidation — Whether refusing to consolidate T2/T6 with L2 and L1 was an error of law — Procedural matter within Landlord and Tenant Board jurisdiction — No risk of inconsistent findings and insufficient hearing time considered — No procedural unfairness found — Appeal against consolidation decision dismissed
  Lease and tenancy — Termination for landlord’s own use — Retaliation — Residential Tenancies Act, 2006, s. 83(3)(c) mandatory — Whether Board failed to refuse L2 where tenant attempted to secure or enforce legal rights — Board finding of genuine intention to occupy for at least one year treated as factual — No reviewable error of law — Appeal dismissed
  Evidence — Tribunal hearings — Adjournment and excluded evidence — Whether denial of adjournment to obtain third-party documents was legal error — Whether precluding reliance on evidence not served was unfair — Discretionary case-management decisions given deference — Diligence and compliance with rules considered — No error in law or unfairness — Appeal dismissed
  Lease and tenancy — Non-payment of rent — Adjournment request and non-attendance — Whether Board erred in deciding L1 when tenant did not attend — Late portal adjournment request based on L2 appeal — Any request to adjourn moot after hearing — No issue that rent unpaid and T2/T6 withdrawn — No tribunal error shown — Appeal dismissed
• 2026-09-11 Kolodzey v. Juneja, 2026 ONSC 5064 (CanLII)
  Key Words: reserved — stayed — exclusive — fixed — writing
• 2026-09-11 Gefen v. Rutman, 2026 ONSC 5065 (CanLII)
  Key Words: Practice — Appeals — Leave to appeal
• 2026-09-09 Versailles Investment Ltd. & Henry Chiu Architect Ltd. v. Protosteel Ltd., 2026 ONSC 5131 (CanLII)
  Key Words: Construction — Construction lien and trial judgment — Appeal — Unpaid invoices for supply and installation of structural steel — Construction Act lien lapsed but litigation continued — Deference to factual and credibility findings, palpable and overriding error standard — Damages, contractual interest, and trial costs challenged — Appeal dismissed
  Contracts — Extras and scope of work — Time and materials — Whether roof screen supply and installation was a billable extra outside the contract — Absence of express or written agreement for extra work — Post quote drawings and completion to the appellants’ satisfaction relied on — No reversible error in classifying extras — Appeal dismissed
  Contracts — Proof of entitlement to payment — Invoices and supporting documents — Whether Invoice 201 was proved payable as part of the light pole work — Packing slip and invoice considered in context of the evidence — Factual conclusion that the work was an extra requiring payment — No palpable and overriding error shown — Appeal dismissed
  Contracts — Performance and price adjustment — Incomplete work — Whether payment was owed for exterior stairs delivered but not fully installed — Relationship breakdown and fruitless communications — Evidence of cost of metal accepted — Invoice discounted due to incomplete installation — No reversible error — Appeal dismissed
  Contracts — Interest clauses — Contractual interpretation — Whether the contract’s 18% interest rate applied to extras — Argument that there was no evidence of agreement to pay interest on extras — Interest treatment characterized as contractual interpretation on settled principles — No error of law found — Appeal dismissed