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

• 2026-10-29 R v. Jevaughn Seymour, 2026 ONSC 6138 (CanLII)
  Key Words: Criminal and statutory offences — Firearm offences — Identification evidence — Cell phone extraction used to link Applicant to fleeing front passenger — Firearm defined in Criminal Code, R.S.C., 1985, c. C-46 — Possession and control in issue with multiple occupants, R. v. Terrence — Cell phone contents implicated Applicant as owner — Evidence excluded
  Procedure — Search warrants — Information to Obtain — Whether ITO contained deliberate falsehoods to mislead issuing Justice — Cell phone described as “dropped” while fleeing contradicted notes and viva voce evidence — Gas station attendant statement altered in ITO — Duty of full and frank disclosure, R. v. Araujo, R. v. Morelli — Warrant set aside
  Procedure — Garofoli review — Excision and amplification — Whether amplification available where active deception found — Erroneous “dropped” evidence excised from ITO — Amplification refused as not minor, technical or good faith error — After excision, no basis for authorizing Justice to issue warrant, R. v. Garofoli — Warrant could not have issued
  Constitution — Charter, s. 8 — Unreasonable search — Whether search amounted to search without warrant after excision — Deliberate deception removed, leaving no information about seizure and location of phone — Search presumptively unreasonable, R. v. Collins — Residual discretion to quash for attempt to mislead, R. v. Paryniuk — Section 8 violated
  Constitution — Charter, s. 24(2) — Exclusion of evidence — Whether cell phone extraction should be excluded applying R. v. Grant — Seriousness of breach heightened by intentional bad faith and false ITO allegations — Cell phone search described as highly intrusive, R. v. Morelli, R. v. Fearon — Balancing favoured exclusion — Contents excluded
• 2026-10-28 Azzi v. Kelly, 2026 ONSC 6093 (CanLII)
  Key Words: Procedure — Expert evidence — Rules of Civil Procedure — r. 53.03(3), r. 53.08(1) — Whether leave should be granted to rely on a supplementary report served 39 days late — Contextual and balanced approach, interests of justice, r. 1.04 — Limited nature of one-page confirmation report considered — Leave granted
  Procedure — Case management — Discretion — Donna Pelrine, by her Estate Trustee James Pelrine et al. v. Chung et al., Harris v. Grand River Hospital — Whether a reasonable explanation is required, not a perfect explanation — Explanation assessed contextually, not in isolation — Late service not used to introduce a new opinion — Leave granted
  Procedure — Trial fairness — Prejudice and delay — r. 53.08(1) — Whether late service caused prejudice not compensable by costs or an adjournment or caused undue delay — Cross-examination on updated medical records as ordinary process — No new diagnosis or opinion placed before the jury — Leave granted
• 2026-10-28 Davey et al. v. Hill et al., 2026 ONSC 5841 (CanLII)
  Key Words: Procedure — Parties — Joinder — Rules of Civil Procedure, rr. 5.03(1), (4), (5) — Motion to be joined as a necessary party defendant and plaintiff by counterclaim and crossclaim — Court’s focus on effective and complete adjudication and binding effect — Joinder framework reviewed — Motion dismissed
  Limitation periods — Joinder prejudice — Non-compensable prejudice — Limitations Act, 2002, s. 5(2) — Whether limitation period expired, presumptively barring joinder — Two-fold evidentiary burden on discovery and reasonable diligence — Claims characterized as statute-barred despite asserted exceptions — Joinder refused — Motion dismissed
  Procedure — Necessary parties — Rule 5.03(1) test — Amon v. Raphael Tuck and Ontario Federation of Anglers and Hunters applied — Whether issues could be effectually and completely settled without the moving party — Likely prejudice to a non-party assessed, including effect of Settlement Agreement authorizing plaintiffs — Not a necessary party — Motion dismissed
  Procedure — Discretion on joinder — Fairness and efficiency — Whether joinder should be refused even if “necessary” — Proposed addition found to transform proceeding into a complex constitutional claim, requiring extensive evidence and expanded discovery — Undue complication and delay in a long-standing action emphasized — Discretion exercised to refuse joinder — Motion dismissed
  Procedure — Abuse of process — Joinder motion — Whether proposed addition of party was abusive — Alleged improper purpose linked to timing and supplementation of the certification motion record — Moving party’s failure to provide evidence explaining late joinder relied on to infer ulterior motives — Court process found abused — Motion dismissed
• 2026-10-27 Vezina v Mississauga (City), 2026 ONSC 5887 (CanLII)
  Key Words: Municipalities — Municipal by-laws — Election sign regulation — Whether an eligible voter has standing to challenge the Signs By-law — Standing found as a voter and “listener” asserting a right to receive election information — Public interest standing not required on this motion — Challenge proceeds on voter standing — Motion dismissed
  Procedure — Interlocutory injunction — Test and merits threshold — Whether the court should require a strong prima facie case — RJR-MacDonald Canada Inc. v Canada (AG) framework applied — Not a final determination, not a simple question of law alone, not a mandatory injunction — “Serious question to be tried” standard adopted — Motion dismissed
  Constitution — Canadian Charter of Rights and Freedoms — Freedom of expression and s. 1 — Whether the prohibition on election signs on public property raises a serious question under Charter, s. 2(b) — Serious question on purpose or effect controlling political expression and on minimal impairment under Charter, s. 1 — Section 3 found inapplicable to municipal elections — Motion dismissed
  Procedure — Interlocutory injunction — Irreparable harm and balance of convenience — Whether irreparable harm is shown for a voter and whether suspending the by-law provides a public benefit — Irreparable harm found from loss of a fully informed vote — Balance of convenience favours maintaining status quo late in the campaign — Interlocutory injunction refused — Motion dismissed
• 2026-10-27 R. v. Gordon, 2026 ONSC 6031 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Second degree murder — Criminal Code, ss. 745(c), 745.4 — Sole issue is years before parole eligibility on two second degree murder convictions — Discretion guided by character of offender, nature and circumstances of offence — Life imprisonment mandatory with fixed ineligibility period — Parole ineligibility fixed at 21 years concurrent
  Criminal and statutory offences — Sentencing factors — Aggravating circumstances — Strong elements of planning and deliberation found — Brutal shootings, multiple opportunities to stop, use of handgun and reloading — Victims defenceless, offences in residential neighbourhood and sanctity of home breached — Child witnessed killing and children left without parents — Ineligibility significantly elevated — 21-year period imposed
  Criminal and statutory offences — Sentencing factors — Mitigating circumstances — Whether guilty pleas and first-offender status warrant lower parole ineligibility than sought by Crown — Remorse accepted and responsibility acknowledged, immediate admission to police noted — Prospects of rehabilitation considered but limited by statutory minimum — Harsh and deplorable pre-trial custody treated as mitigating — Defence range rejected — 21-year period imposed
  Criminal and statutory offences — Sentencing orders — Ancillary orders — Whether DNA and Criminal Code, s. 109 orders should issue on each count — Whether a Criminal Code, s. 743.21 order should be made for named persons — Forfeiture order sought and unopposed — Ancillary orders granted on each count — Sentence imposed concurrent — Orders made for life and forfeiture ordered

Superior Court of Justice Divisional Court Recent Decisions

• 2026-10-27 Maggi v. Smith, 2026 ONSC 6080 (CanLII)
  Key Words: Civil liability — Defamation — Defamatory meaning — Social media posts on X — Whether the deputy judge failed to consider the publication as a whole — Sting found to be allegation that Respondent personally told voters permanent resident status could be affected if they voted — Ordinary meaning lowering reputation in estimation of reasonable members of society — Appeal dismissed
  Civil liability — Defamation — Justification — Whether Defendant proved the substantial truth of the defamatory sting — Grant v. Torstar Corp. requirement of substantial truth, not rumour, partial truth, or sincere belief — Evidence and absence of recorded witness particulars considered — Honest belief held insufficient — Justification rejected — Appeal dismissed
  Civil liability — Defamation — Responsible communication — Freedom of expression — Whether political speech and public interest required greater protection or defences applied — Grant v. Torstar Corp. factors effectively considered, including seriousness, reliability, verification steps, and failure to seek Respondent’s side — Hill v. Church of Scientology of Toronto balance of reputation and expression applied — Appeal dismissed
  Evidence — Appeal — Fresh evidence — Courts of Justice Act, s. 134(4)(b) — Palmer v. The Queen test applied, adopted in Bent v. Platnick — Whether complete X thread and post-trial findings about a third party met due diligence, relevance, credibility, and potential effect — Evidence refused as immaterial or lacking diligence — Motion dismissed
• 2026-10-26 Brown v. Information and Privacy Commissioner of Ontario, 2026 ONSC 5669 (CanLII)
  Key Words: Procedure — Judicial review — Record of proceedings — Judicial Review Procedure Act, s. 10 — Whether internal Analyst notes are “records” to be included — “Permanent memorial and testimony of their proceedings” requirement — No civil discovery right on judicial review — Internal, informal notes used to prepare formal documents — Motion dismissed
  Administrative law — Tribunal decision-making — Deliberative secrecy — Whether internal communications are protected by adjudicative privilege — Exception where evidentiary basis for natural justice infringement shown — Threshold of clearly articulated, objectively reasonable concern — Conjecture or speculation insufficient — Applicant may raise production arguments at judicial review hearing — Motion dismissed without costs
• 2026-10-26 Telus International v. Yee, 2026 ONSC 5869 (CanLII)
  Key Words: inclusive — writing — payable — motion — leave
• 2026-10-23 Bedrian v. S.V.S. Auto Parts Ltd et al, 2026 ONSC 5866 (CanLII)
  Key Words: writing — motion — leave — dismissed — costs
• 2026-10-23 Aldridge v. Scarlett Holdings Inc. c/o Property Management Partners, 2026 ONSC 5867 (CanLII)
  Key Words: eviction — motion for leave — outline — costs — stay