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

• 2026-10-08 Orsetto v. 2416022 Ontario Ltd. et al., 2026 ONSC 5689 (CanLII)
  Key Words: Procedure — Parties — Joinder — Rules of Civil Procedure, r. 5.03(4) — Whether the moving person is a necessary party whose rights are affected — Claimed beneficial interest in shares subject to default judgment share-sale order — Discretion to add parties considered — Motion to be added as a party dismissed, limited standing granted
  Procedure — Intervention — Delay and prejudice — Rules of Civil Procedure, r. 13.01 — Whether intervention would unduly delay or prejudice the determination of rights — Knowledge of proceeding before default judgment and unexplained delay — Significant prejudice in relitigating claims weighed — Limited party status restricted to submissions on manner of sale, no costs ordered
  Business associations — Corporations — Oppression remedy standing — Business Corporations Act (Ontario), s. 245(a) — Whether a beneficial owner of shares is a “complainant” — Constructive trust claim over shares distinguished from registered shareholder status — Beneficial ownership described as equitable claim to shares — Sufficient interest accepted but party status refused, limited standing granted
• 2026-10-08 R. c. Amrane, 2026 ONCS 5702 (CanLII)
  Key Words: non-responsabilité criminelle pour cause — troubles mentaux — après la libération du jury — verdict — accusé
• 2026-10-08 Mitchell v. Mitchell, 2026 ONSC 5720 (CanLII)
  Key Words: Family — Support — Motion to change, temporary stay — Temporary stay of enforcement and collection of support arrears — Child support payable May to August, fixed at $0 September to April — Spousal support stay refused — Support provisions and Support Deduction Order stayed to operationalize arrears stay — Motion granted in part
  Procedure — Costs — Offers to settle — Whether June 29, 2026 offer qualified under Family Law Rules, r. 24(12) — Offer made at least one day before motion date — Order obtained substantially the same as offer — Applicant entitled to full recovery costs from date of offer — Rule 24(12) costs consequences applied
  Procedure — Costs — Bad faith — Whether evidence supported bad faith under Family Law Rules, r. 24(8) and r. 24(10) — Bad faith requires conduct like deception or conscious wrongdoing — Simply opposing relief does not qualify as bad faith — No evidence of bad faith found — Full recovery costs refused
  Procedure — Costs — Partial success and r. 24(14) factors — Whether each party was partially successful on the motion — Bulk of written and oral submissions related to issues where Respondent was not successful — Applicant’s April 21, 2026 offer contained a true element of compromise, Beaver v. Hill — Each party to bear own costs, no order as to costs
  Procedure — Costs — Reserved costs — Whether “Costs reserved” for April 8 urgent case conference should be determined on this motion — Respondent sought costs for case conference together with motion — Applicant argued costs should be dealt with in final proceedings — Court made no order as to costs for case conference — No order as to costs made
• 2026-10-07 Wilson v. OCDC et al, 2026 ONSC 5663 (CanLII)
  Key Words: Procedure — Costs — Costs discretion — Whether costs may be awarded to an unsuccessful party — Exceptional circumstances test, misconduct, miscarriage in procedure, oppressive and vexatious conduct — Costs normally follow the cause — Successful Defendants sought no costs — Costs ordered against successful party, modest portion awarded — Costs to Plaintiff ordered
  Procedure — Pleadings and timing — Late reliance on statutory defence — Proceedings Against the Crown Act, ss. 7(1) and 7(3) notice requirements raised very late — Whether late reliance prejudiced Plaintiff and caused wasted trial preparation — Miscarriage in procedure found — Compensation for wasted steps before set down for trial — Costs to Plaintiff ordered
  Procedure — Motions — Amendments — Motion to amend Statement of Defence brought at outset of trial — Whether motion was vexatious or frivolous where relief granted on terms was declined — Less than diligent conduct, waste of Court’s time — Indulgence and costs thrown away principles considered — Costs to Plaintiff ordered
• 2026-10-07 Atkinsréalis Construction (Pacific) Inc. v. GIP Construction Ontario East Ltd., 2026 ONSC 5666 (CanLII)
  Key Words: Procedure — Arbitration — Removal of arbitrator — Arbitration Act, 1991, s. 13(1), s. 13(6) — Whether circumstances exist that may give rise to a reasonable apprehension of bias — Procedural fairness and neutrality in an ongoing arbitration — De novo court determination under s. 13(6) — Arbitrator removed
  Procedure — Procedural fairness — Reasonable apprehension of bias — “Descending into the arena” — Arbitrator’s prepared questioning and cross-examinations of one party’s witnesses — Leading questions, control of witnesses, undermining credibility — Whether conduct created an appearance of advocacy for a party — Arbitrator removed
  Statutory interpretation — Arbitration Act, 1991 — Mandatory fairness — Arbitration Act, 1991, ss. 3, 19 — Whether parties can agree to an inquisitorial process that varies or excludes equal and fair treatment — Neutrality and fairness treated as non-excludable requirements — Terms of appointment authorising questioning of witnesses considered — Application granted
  Procedure — Arbitration — Challenge timing — Failure to object — Whether failure to register contemporaneous objections is fatal to a bias challenge — Relevance only to bona fides and tactical motives — Inconsistent findings in arbitrator’s reasons on whether absence of objections was “fatal” — Reasonable apprehension of bias found — Arbitrator removed

Superior Court of Justice Divisional Court Recent Decisions

• 2026-10-08 TD General Insurance Company v. Mitchell, 2026 ONSC 5679 (CanLII)
  Key Words: Insurance — Statutory accident benefits — Massage therapy expenses — Professional Services Guideline incorporated by reference into the Statutory Accident Benefits Schedule (SABS) — Whether Tribunal erred in its conclusions regarding the rate for 12 sessions of massage therapy — Finding referred to cost per procedure, not an hourly rate — No error of law shown — Appeal dismissed
  Evidence — Reconsideration — New argument and evidence — Licence Appeal Tribunal Rules, r. 18.2 — Whether Tribunal could refuse to consider Guideline rate evidence first raised on reconsideration — Insurer did not raise hourly rate issue in written hearing submissions — Reconsideration not an appeal or new hearing — Appeal dismissed
• 2026-10-08 Sepasi v. Foster, 2026 ONSC 5706 (CanLII)
  Key Words: Lease and tenancy — Residential Tenancies Act, 2006 — Illegal entry, rent abatement — Whether illegal entry was established on an appeal “only on questions of law” — Tenancy never terminated, no notice to enter under s. 27 — Emergency exception under s. 26(1)(a) limited to initial entry — Rent abatement affirmed and appeal dismissed
  Procedure — Procedural fairness — Adjournment, scope of hearing — Whether denial of an adjournment resulted in procedural unfairness — Discretionary decision, adequate notice found and stand down offered — Alleged “bait and switch” rejected given notice of “illegal entry and improper disposal of property” — Procedural unfairness not established and appeal dismissed
  Statutory interpretation — Residential Tenancies Act, 2006 — Abandonment, termination of tenancy — Whether s. 79 is mandatory for termination based on abandonment — Reading ss. 37(1), 39 and 79 in statutory context — No unilateral termination by landlord deciding abandonment — Board interpretation upheld and appeal dismissed
  Administrative law — Administrative penalty — Ability to pay, proportionality — Whether the Board must address an individual landlord’s ability to pay before imposing a substantial administrative fine under s. 31(1)(d), Residential Tenancies Act, 2006 — Inquiry needed for deterrence and proportionality — No inquiries or submissions invited — Administrative fine set aside and matter remitted
• 2026-10-08 Bardowell v. Workplace Safety and Insurance Appeals Tribunal, 2026 ONSC 5697 (CanLII)
  Key Words: Administrative law — Judicial review — Reasonableness — Application for judicial review of Tribunal and reconsideration decisions — Standard of review is reasonableness for merits — Court’s role in reviewing factual assessment described — No basis to intervene found — Application for judicial review dismissed
  Pensions and social benefits — Workers’ compensation benefits — Survivors’ benefits — Whether 1985 injury was recurrence of 1970 injury or significant new event — Claim amalgamation and effect on entitlement to permanent disability benefits on death — Tribunal considered evidence including worker’s statements — Tribunal’s assessment found necessary and reasonable — Application dismissed
  Procedure — Procedural fairness — Notice — Whether applicant received proper notice that recurrence versus significant new event would be addressed — Hearing Ready Letter received in advance of hearing — Court ensured procedural fairness was provided — Proceeding found procedurally fair — Application dismissed
  Rights and freedoms — Administrative decision-making — Bias — Whether Tribunal exhibited bias in original and reconsideration decisions — Strong presumption of hearing impartiality not easily displaced — Disagreement with fact-finding not establishing bias — Proceeding found free from bias — Application dismissed
• 2026-10-08 Phillips v. Dominion Lending Centres Better Rate Mortgage, 2026 ONSC 5727 (CanLII)
  Key Words: Procedure — Motions — Removal of lawyer of record — Rules of Civil Procedure, r. 15.04 — Motion by counsel to be removed as lawyers of record in an application for judicial review — Court’s discretion informed by impact on the client, other parties, and the administration of justice — Unopposed motion considered — Motion granted
  Procedure — Motions — Discretionary relief — Rules of Civil Procedure, r. 15.04, r. 15.05 — Whether the court should remove counsel given the chronology, deadlines, and upcoming hearing — Notice to the client and absence of material prejudice assessed — No adjournment sought and no objection by other parties — Removal order granted
  Professional responsibility — Lawyer withdrawal — Rules of Professional Conduct — Rules of Professional Conduct, r. 3.7-7(a), r. 3.7-1 — Whether there is good cause for the end of the relationship where counsel was discharged by the client — Requirement to withdraw subject to the direction of the court — Balance with adequate notice and prejudice considerations — Withdrawal permitted
• 2026-10-07 LF v Director of the Ontario Disability Support Program, 2026 ONSC 5660 (CanLII)
  Key Words: Administrative law — Judicial review — Reasonableness — O. Reg. 222/98, s. 5(1) medical review date — Whether one-year medical review was unreasonable — Reasons did not address relevant medical evidence — Vavilov justification, intelligibility and transparency not met — Order for one-year medical review set aside and matter remitted
  Administrative law — Tribunal reconsideration — Jurisdictional error — Whether Tribunal erred in refusing to entertain reconsideration request — Wrong focus on appeal right to Tribunal rather than Tribunal’s own s. 5 order — Application form and Tribunals Ontario Practice Direction referenced — Error in law and unreasonableness found — Refusal to entertain reconsideration quashed
  Administrative law — Remedies — Remittal — Whether Court should find impairments not likely to improve and set no review date — Court declines to substitute its view on s. 5(1) assessment — s. 5(1) requires consideration of all evidence including medical evidence and testimony — Matter returned for fresh s. 5(1) decision including timing — Appeal and judicial review granted, remitted to Tribunal