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

• 2026-01-20 Al-Hasnawi et al. v. The Corporation of the City of Hamilton et al., 2026 ONSC 274 (CanLII)
  Key Words: Professional responsibility — Disqualification of counsel — Inherent jurisdiction — Whether to remove Plaintiffs’ counsel for repeated non‑compliance — Fair‑minded, reasonably informed member of the public test applied — Right to counsel of choice acknowledged but not absolute — Administration of justice brought into disrepute — Inordinate delay prejudicing both sides — Motion granted
  Professional responsibility — Standards — MacDonald Estate v. Martin, McKercher, S.B. v. J.M. — Highest level of restraint before interfering — Moving party bears burden, motion not tactical — Balancing counsel of choice, integrity of profession, and mobility — Test satisfied on the facts — Removal necessary for proper administration of justice — Motion granted
  Procedure — Case management — Peremptory orders — Failure to attend case conferences and comply with timetable — Whether non‑compliance and delay warrant court intervention — Rule 30.10 motion not brought, Affidavit of Documents outstanding — Action stalled at pleadings stage, prejudice found — Counsel removed to advance proceedings — Motion granted
• 2026-01-19 Binio v Kotarak, 2026 CanLII 2667 (ON SC)
  Key Words: Procedure — Certificate of Pending Litigation — Courts of Justice Act, s. 103 — Triable issue threshold met — Whether equities favour issuing a CPL — Adequacy of damages and non-uniqueness assessed — Strength of claim and prejudice to refinancing considered — Discretion exercised against registration — Certificate of Pending Litigation refused
  Procedure — Interlocutory injunctions — Rule 45.01 preservation order — Is Mareva relief justified absent risk of dissipation? — RJR-MacDonald test applied to restraint on property rights — Aetna cautions against security for judgment pre-trial — No evidence of removal or dissipation, substantial equity available — Extraordinary relief not warranted — Preservation order refused
• 2026-01-19 Listovets v AstraZeneca Canada Inc., 2026 ONSC 220 (CanLII)
  Key Words: Civil liability — Product liability — Duty to warn negligence — Whether Symbicort can cause EGPA in its ordinary use — Association versus causation distinguished — No scientific evidence assigning causality — No biological explanation for vasculitis or eosinophilia from Symbicort — Failure to warn causing no harm is not culpable negligence — Claims dismissed
  Procedure — Summary judgment — No genuine issue requiring a trial — Whether general causation can be determined on a motion — Rules of Civil Procedure, r. 20.01 and r. 20.04 applied — Hryniak v. Mauldin framework engaged — Proportionate, expeditious, less expensive determination achieved — Summary judgment granted
  Evidence — Expert evidence — Admissibility and independence — Qualification of respirologist on EGPA and Symbicort association — Alleged bias from named chair considered — White Burgess threshold of impartiality applied — Duty to assist the court accepted — No realistic concern of inability to comply — Expert evidence admitted
  Procedure — Costs — Discretion — Fixing costs after successful summary judgment — Courts of Justice Act, s. 131 and r. 57.01 factors considered — Indemnification and proportionality emphasised — Alleged delay rejected — Lump sum set as fair and reasonable — Costs awarded
• 2026-01-19 Russell v. Volanska, 2026 ONSC 388 (CanLII)
  Key Words: Family — Cohabitation — Statutory definition — Family Law Act, s. 1(1) — Whether the parties cohabited as spouses — Conduct in private and public, shared residences, intertwined finances and activities — Documentary declarations of “single” status weighed but not determinative — Common-law partnership found over prolonged period — Declaration issued
  Family — Separation — Date of separation — When did cohabitation end? — Objective assessment of intention and conduct — Test from Hodge v. Canada and Re Sanderson and Russell applied — Cessation when one party demonstrates settled intent to end relationship — Separation fixed at March 2019 — Declaration issued
  Family — Evidence and assessment — Objective factors — Factors from Molodowich, Oswell, and Warren applied — Living arrangements, intimacy, household roles, joint activities, official documents, and third-party perceptions considered — Credibility resolved on consistency with whole of evidence — Reasonable person standard emphasized — Declaration of cohabitation from September 2001 to March 2019
• 2026-01-16 Hurst v. Macbeth Estate, 2026 ONSC 321 (CanLII)
  Key Words: Estates and wills — Estate administration — Passing of accounts — Succeeding estate trustee’s entitlement to records — Whether Lawyers’ Estate Administration Files fall within orders requiring “all records” be transferred — Trustee Act, s. 4 referenced — June 2024 and December 2024 orders affirmed on appeal — Estate records in power, possession or control to be produced — Production ordered
  Procedure — Production of documents — Compliance with court orders — Do prior orders require Former Estate Trustees to request and produce Lawyers’ Estate Administration Files? — “All records in their power, possession and control” and reasonable cooperation — No timely or proper privilege listing provided — Requests reasonable and proportional — Motion for production granted
  Evidence — Privilege — Solicitor and client privilege in estates — Whether privilege bars production of estate administration files to beneficiary and succeeding trustee — Ontario A.G. v. Ballard Estate applied, joint or common interest in trust administration — Alleged breach of fiduciary duty pleaded, Froese principle engaged — Privilege not properly asserted and unavailable — Privilege dismissed
  Procedure — Discovery — Disclosure obligations — Must files be produced under Passing of Accounts and related action? — Estates Act, ss. 49(2)-(3), Trustee Act, s. 23.1(2) empower full inquiry — Falcon Lumber and Rimon emphasise continuing disclosure of all relevant documents — Files relevant to issues pleaded — Production would have been ordered

Superior Court of Justice Divisional Court Recent Decisions

• 2026-01-19 Matkaluk v. The Estate of Al Bouvreau, 2026 ONSC 333 (CanLII)
  Key Words: payable — unreported — thirty — inclusive — writing
• 2026-01-19 Chammah v. Legal Aid Ontario, 2026 ONSC 356 (CanLII)
  Key Words: Procedure — Judicial review — Extension of time — Judicial Review Procedure Act, s. 5(2) — Whether mandatory conditions for extension met — Length of delay minimal and explained by Portal filing issues — Presumed prejudice nominal, no actual prejudice established — Discretion to extend exercised on terms — Time to commence application extended
  Administrative law — Judicial review — Apparent grounds for relief — Limited merits inquiry under Jonker — Whether application demonstrates more than a tenable argument — Reasonableness standard engaged — Procedural fairness and Legal Aid Services Rules issues raised — Apparent grounds established for purposes of extension — Extension granted
  Administrative law — Judicial review — Amenability — Public character — Wall, Khorsand, Air Canada factors — Whether Legal Aid Ontario decision is sufficiently public to attract review — Exercise of state authority acknowledged — Determination deferred to full record, not clearly non‑public — Extension granted
• 2026-01-19 Nhlapho v. Gao, 2026 ONSC 381 (CanLII)
  Key Words: Procedure — Appeals — Dismissal as abandoned — Should the appeal be dismissed as abandoned for failure to file materials and attend? — Failure to deliver materials by deadlines fixed by the court — No one appearing at the scheduled hearing — Divisional Court case management timeline referenced — Appeal dismissed
  Procedure — Case management — Non-compliance with directions — Consequences of failure to follow directions of the case management judge and to respond to scheduling emails — Responsibility to provide an active email address to the court — Parties must monitor email while proceedings are ongoing — Directions and scheduling communications not heeded — Appeal dismissed
  Procedure — Costs — No appearance by respondent — Should costs be awarded where the respondent filed no materials and did not appear? — Respondent filed no materials and did not appear — No participation despite scheduling notice — Costs consequences in abandoned appeal addressed — No order as to costs
• 2026-01-16 Freibergova v. Beaudry, 2026 ONSC 214 (CanLII)
  Key Words: writing — motion — leave — dismissed — costs
• 2026-01-16 Ausenco Engineering Canada Inc. v. Scott Steel Erectors Inc., 2026 ONSC 215 (CanLII)
  Key Words: outline — costs — writing — ordered — motion