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

• 2025-09-03 Stewart v. Karalis, 2025 ONSC 4977 (CanLII)
  Key Words: Family — Domestic contracts — Separation agreements — Failure to disclose significant assets — Respondent failed to disclose the value of his pension, a significant asset, at the time of the agreement — Did the respondent’s non-disclosure justify setting aside the agreement? — Family Law Act, R.S.O. 1990, c. F.3, s. 56(4)(a) — Duty to disclose significant assets and their value
  Family — Domestic contracts — Understanding of agreements — Applicant lacked understanding of equalization of net family property — No independent legal advice received — Did the applicant fail to understand the nature or consequences of the agreement? — Family Law Act, R.S.O. 1990, c. F.3, s. 56(4)(b) — Lack of understanding as grounds to set aside agreements
  Contracts — Duress — Economic duress — Applicant signed the agreement under pressure to secure funds for a condo purchase — Respondent conditioned mortgage approval on signing the agreement — Was the agreement signed under duress? — Duress vitiating consent under the law of contract
  Family — Domestic contracts — Unconscionability — Inequality of bargaining power — Grossly improvident terms — Applicant waived spousal support and pension claims despite financial vulnerability — Was the agreement unconscionable? — Combination of inequality and improvidence as grounds to set aside agreements
  Family — Domestic contracts — Judicial discretion — Fairness — Multiple grounds to set aside the agreement, including non-disclosure, duress, and unconscionability — Should the court exercise its discretion to set aside the agreement? — Fairness and relevant factors in exercising judicial discretion
• 2025-09-03 The Corporation of the Town of Mattawa v. The Corporation of the Township of Papineau-Cameron, 2025 ONSC 5002 (CanLII)
  Key Words: Contracts — Arbitration agreements — Interpretation of agreements — Application to stay court proceedings in favour of arbitration under the 1993 Agreement — Whether the arbitration clause in the 1993 Agreement applies to disputes over its validity — Does the 1993 Agreement remain in force despite the issuance of a new Environmental Compliance Approval? — Arbitration Act, S.O. 1991, c. 17, s. 7(1) — Competence-competence principle governing arbitrator jurisdiction
  Statutory interpretation — Arbitration Act — Stay of proceedings — Interpretation of s. 7(1) and s. 7(2) of the Arbitration Act — Whether statutory exceptions under s. 7(2) displace the mandatory stay provisions — Presumptive validity of arbitration clauses and party autonomy — Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41 applied
  Civil procedure — Stay of proceedings — Undue delay — Whether the motion to stay was brought with undue delay under s. 7(2) of the Arbitration Act — Delay caused by attempts to resolve the matter out of court — Court finding no clear case of undue delay displacing mandatory stay provisions
  Civil procedure — Summary judgment — Whether the matter is appropriate for default or summary judgment under s. 7(2) of the Arbitration Act — Court finding that substantial evidence and contentious issues require arbitration — Summary judgment would not resolve all issues — Arbitration preferred for efficiency and expediency
• 2025-09-03 Tillger v. Figliano, 2025 ONSC 4990 (CanLII)
  Key Words: Civil procedure — Limitation periods — Discoverability — Demand obligations — Plaintiff sought repayment of funds transferred to the defendant, claiming they were loans — Defendant argued the claim was statute-barred — Whether the claim was brought within the two-year limitation period under the Limitations Act, 2002 — Limitation period suspended during COVID-19 pandemic — Claim found to be within limitation period — Limitations Act, 2002, SO 2002, c 24, Sched B
  Estates and trusts — Resulting trust — Presumption of resulting trust — Rebuttal of presumption — Plaintiff transferred funds to the defendant, claiming they were loans — Defendant argued the funds were a gift — Whether the defendant rebutted the presumption of a resulting trust — Evidence of donative intent, corroboration by witnesses, and absence of loan terms — Presumption of resulting trust rebutted — Pecore v Pecore, 2007 SCC 17
  Obligations — Unjust enrichment — Elements of unjust enrichment — Plaintiff claimed unjust enrichment, alleging the defendant was enriched by funds transferred to him — Defendant argued the funds were a gift — Whether there was a juristic reason for the enrichment — Donative intent established — No unjust enrichment found — Kerr v Baranow, 2011 SCC 10
  Obligations — Equitable fraud — Unconscionability — Plaintiff argued it was unconscionable for the defendant to retain funds transferred to him — Defendant argued the funds were a gift — Whether the doctrine of equitable fraud applied — Plaintiff’s financial means and lack of evidence of incapacity considered — No unconscionability found — Performance Industries Ltd. v Sylvan Lake Golf & Tennis Club, 2002 SCC 19
• 2025-09-03 2264052 Ontario Inc. v. HarbourEdge Realty Administration Corporation, 2025 ONSC 5022 (CanLII)
  Key Words: Contracts — Joint ventures — Profit calculation — Land contribution — Absence of formal written agreement — Whether the value of land contributed by one partner should be deducted from net profits — Objective determination of parties’ intentions based on conduct and draft agreements — Letter of Intent and draft agreements did not support deduction of land value — Governing principles for interpreting oral or informal agreements
  Obligations — Joint ventures — Construction costs — Subdivision-wide benefits — Whether costs for subdivision-wide benefits, such as road extensions and berm construction, should be excluded from joint venture expenses — Verbal agreements between parties regarding cost allocation — Credibility of evidence regarding additional excavation costs — Governing principles for cost allocation in joint ventures
  Evidence — Mortgage enforcement — Expenses and fees — Lack of supporting documentation — Whether claimed legal expenses and late fees are enforceable under the mortgage agreement — Breach of disclosure obligations — Governing principles for recoverability of expenses and penalties under mortgage agreements — Interest Act, R.S.C. 1985, c. I-15, s. 8
  Contracts — Prejudgment interest — Joint venture and mortgage actions — Whether prejudgment interest should be awarded at the contractual rate or statutory rate — Discretion under s. 130 of the Courts of Justice Act — Connection between joint venture profits and mortgage repayment — Governing principles for awarding prejudgment interest in commercial disputes
• 2025-09-02 Lafrance v. McGill, 2025 ONSC 4982 (CanLII)
  Key Words: Family — Child custody — School attendance — Best interests of the child — Mother proposed school in Sturgeon Falls; father proposed school in Markstay — Factors considered included travel time, social connections, and student body composition — Court found school in Sturgeon Falls better served the child’s best interests — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 16
  Family — Parenting time — Modification of schedule — Child’s school attendance required changes to parenting time — Both parties agreed to a “three out of five weekends” schedule — Court approved schedule as it maximized time with the father — Order included clause requiring both parents to ensure homework completion for missed school days
  Family — Costs — Motion for school attendance and parenting time modification — Mother sought $2,000 in costs; father self-represented and did not seek costs — Court awarded $2,000 to the mother, finding the amount reasonable and proportionate to the issues raised

Superior Court of Justice Divisional Court Recent Decisions

• 2025-09-02 Lyons v. Lyons, 2025 ONSC 4890 (CanLII)
  Key Words: writing — motion — leave — dismissed — costs
• 2025-09-02 The Corporation of the City of Windsor v. Kingdom Construction Limited, 2025 ONSC 4891 (CanLII)
  Key Words: motion — promptly — leave — request — reserved
• 2025-09-02 Kamil v. Alnoor, 2025 ONSC 4995 (CanLII)
  Key Words: awarded — writing — motion — leave — dismissed
• 2025-08-29 Harvie Construction Inc. v. Atlas Dewatering Corporation, 2025 ONSC 4672 (CanLII)
  Key Words: Construction — Subcontractor claims — Extra work — Dispute over scope of subcontract — Whether subcontractor entitled to payment for additional services not covered by base contract price — Trial judge found subcontractor entitled to payment for extra work — Appeal dismissed — Construction Lien Act, RSO 1990, c. C.30
  Evidence — Business records — Admissibility — Hearsay — Whether trial judge erred in admitting subcontractor’s records as business records under the Evidence Act — Trial judge found records admissible and reliable based on totality of evidence — Evidence Act, RSO 1990, c. E.23, s. 35
  Contracts — Subcontractor claims — Inference of acceptance — Whether trial judge erred in inferring contractor accepted subcontractor’s claims for extra work by submitting them to owner — Trial judge’s inference upheld as reasonable based on specific circumstances of the case
  Civil procedure — Standard of review — Appellate review of trial judge’s findings — Correctness standard for questions of law — Palpable and overriding error for questions of fact — Deferential standard for mixed fact and law unless extricable legal error — Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65
• 2025-08-29 Adi Developments (Masonry the West) Inc. v. Tarion Warranty Corp., 2025 ONSC 4853 (CanLII)
  Key Words: Administrative law — Judicial review — Standard of review — Reasonableness — Judicial review of Tarion Warranty Corporation’s conciliation decision under the Ontario New Home Warranties Plan Act — Was Tarion’s decision unreasonable in its findings on statutory warranties and chargeability? — Standard of review for administrative decisions — Presumption of reasonableness under Vavilov framework
  Construction — Statutory warranties — Garage roof leakage — Builder’s repair obligations — Whether Tarion unreasonably found that garage roof items breached statutory warranties — Application of Ontario Building Code and CSA S413 standards — Use of CE-CP Guidelines in determining warranty breaches — Builder’s reliance on Sikacrete injections deemed insufficient — Reasonableness of Tarion’s findings on water penetration and chloride exposure
  Construction — Statutory warranties — Tenting of waterproofing membrane — Cosmetic versus structural defects — Whether Tarion unreasonably found that tenting of waterproofing membrane breached statutory warranties — Evidence of debonding and ponding — Application of workmanship and materials warranty — Relevance of manufacturer’s bulletin on bubbling — Reasonableness of Tarion’s findings
  Construction — Chargeability exceptions — Settlement offers — Whether Tarion unreasonably failed to consider chargeability exceptions for settlement offers — Application of Settlement Offer Chargeability Exception — Reasonableness of Tarion’s assessment of offer terms, timing, and amount — Requirement for offers to cover all warranted items
  Construction — Chargeability exceptions — Exposed exterior cladding — Whether Tarion unreasonably failed to consider chargeability exceptions for exposed detailing adjacent to roof terrace access ramp — Application of New Issue Chargeability Exception — Reasonableness of Tarion’s finding that the issue was an incomplete repair — Requirement for chargeability exceptions to apply to all warranted items