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

• 2026-03-09 CSN Collision (Canada) Inc. v. Lift Auto Group Ltd., 2026 ONSC 1396 (CanLII)
  Key Words: Contracts — Specific performance — Negative covenants — Should a permanent injunction restrain breaches of Articles 4.05(a) and 4.10 — Final injunction principles from AdLine and Cambie applied — Equity favours enforcing restrictive covenants defining the parties’ bargain — Anticipatory breach admitted — Permanent restraint mirrors the negative bargain in Doherty v. Allman — Permanent injunction granted
  Contracts — Remedies — Adequacy of damages — Are damages adequate given a 25‑year relationship and complex, future losses — Difficulty valuing ROFR and goodwill over remaining term — Hadley v. Baxendale framework inadequate for incalculable branding and network harms — Avoiding prolonged damages litigation and multiple proceedings — Injunction the appropriate remedy — Specific performance ordered
  Contracts — Efficient breach — Anticipatory breach — Can an efficient breach justify leaving and paying capped or formulaic damages — Parties’ election right preserves ongoing agreements and displaces liquidated damages — Losses not quantifiable with precision at breach date — No economically equivalent outcomes tendered — Efficient breach rationale rejected — Injunction preferred to damages — Permanent injunction granted
• 2026-03-09 Lee v ITW Canada Inc., 2026 ONSC 1407 (CanLII)
  Key Words: Procedure — Dismissal for delay — Langenecker v. Sauve test — Should the action be dismissed for delay where inordinate delay is alleged? — Delay found inordinate but adequately explained — No substantial risk that a fair trial is no longer possible — Discovery transcript available, presumption of prejudice rebutted — No evidence of actual prejudice since amendments — Motion to dismiss for delay dismissed
  Procedure — Trial management — Restoration to trial list — Should the action be restored to the trial list with a peremptory timetable? — Timetable imposed peremptory on the plaintiff, binding with or without counsel — No further amendments permitted — Plaintiff’s motion to disqualify defence counsel withdrawn with prejudice — Non-compliance may lead to striking for failure to comply with court order — Action restored to trial list
• 2026-03-09 Potz v. Pietrangelo, 2026 ONSC 1405 (CanLII)
  Key Words: Procedure — Summary judgment — r. 20, Rules of Civil Procedure — No genuine issue requiring a trial — Whether summary judgment is a fair and just determination on the merits — Hryniak v. Mauldin two‑step framework applied — Parties put their best foot forward — Associate judge’s enhanced powers under r. 20.04 not required — Summary judgment granted
  Contracts — Formation and interpretation — Agreement of Purchase and Sale — Which agreement is valid and binding where a clause was not initialed — Objective manifestation of assent and ad idem applied — J.M.B. Cattle v. Kaufman and Saint John Tug Boat cited — Later amendments confirmed all terms remained the same — RECO decisions not determinative of contractual validity — Signed Agreement held valid and binding
  Contracts — Breach and damages — Failed real estate transaction — Did the purchaser breach by failing to close and what damages follow — Vendor ready, willing and able to close — Mitigation by timely relisting and arm’s length resale established — Loss of bargain and carrying costs awarded — Deposit credited to damages per Azzarello v. Shawqi — Pre‑ and post‑judgment interest under Courts of Justice Act — Damages awarded
• 2026-03-09 Chang v. Hu, 2026 ONSC 1419 (CanLII)
  Key Words: Family — Interim disbursements — Family Law Rules r. 24(25) — Whether interim disbursements should be ordered to fund the long motion — Purpose to level the playing field applied, fairness emphasised — Prima facie case established under Romanelli v. Romanelli — Discretion exercised in favour of the respondent — $25,000 ordered for the long motion — Interim disbursements granted
  Procedure — Motions — Necessity and reasonableness — Are the requested disbursements necessary, reasonable, and beyond the respondent’s means? — Criteria from Ludmer v. Ludmer and Stuart v. Stuart applied — Complex jurisdiction and conflict issues justify funding — Respondent’s depleted resources accepted on sworn evidence — Official translations required — Funding gap demonstrated — Interim disbursements granted
  Procedure — Enforcement and security — Funds held in court — Should payment be made from proceeds of sale held in court without undue prejudice? — Competing prejudice assessed — Applicant’s estimates premised on full ownership rejected — Payment from respondent’s share ordered — Modest sum relative to funds available — Payment out of funds held in court ordered
  Procedure — Case management — Trial preparation funding — Should interim disbursements for trial fees be granted now or deferred? — Length and complexity dependent on outcome of long motion — Insufficient basis to assess trial costs — Leave to renew with particulars — Motion regarding trial disbursements dismissed without prejudice — Trial disbursements refused without prejudice
• 2026-03-06 Curtis v. HMK, 2026 ONSC 1374 (CanLII)
  Key Words: Procedure — Appeals — Jurisdiction — Whether the Divisional Court has jurisdiction over an appeal from an Ontario Court of Justice order — Reliance on Courts of Justice Act, s. 19(2) addressed — Proper forum for the appeal identified as the Superior Court under applicable criminal procedures — Divisional Court clearly without jurisdiction — Appeal dismissed
  Procedure — Abuse of process — Summary dismissal — Whether dismissal under r. 2.1.01 is warranted — Rule described as a blunt instrument where abuse is apparent on the face — Gatekeeping function applied per Tewari v. Sekhorn and Scaduto v. Law Society of Upper Canada — Frivolous, vexatious, or abusive proceeding found — Appeal dismissed as frivolous, vexatious, or an abuse of process
  Procedure — Case management — Transfer of proceedings — Should the proceeding be transferred to the Superior Court of Justice — Transfer opposed due to circumvention of Criminal Code and practice directions and novelty creating logistical issues — Proper course is to commence in the correct venue and seek any extension — Transfer refused

Superior Court of Justice Divisional Court Recent Decisions

• 2026-03-06 Maplequest (Vaughan) Developments Inc. v. Primont Homes (Vaughan) Inc., 2026 ONSC 1270 (CanLII)
  Key Words: Procedure — Striking pleadings — Non-compliance — Rules of Civil Procedure — Whether striking the statement of defence and counterclaim under rr. 30.08(2) and 60.12 was proportionate — Years-long pattern of delay, prevarications, defiance, last-chance peremptory order breached — Falcon Lumber, Advanced Farm Technologies, Rimon applied — No lesser remedy effective — Palpable and overriding error not shown — Appeal dismissed
  Procedure — Appeals — New issues on appeal — Whether the court should entertain the new argument that only the counterclaim should have been struck — Argument not raised before motion judge — Discretion exercised to consider but order not disproportionate — Case management history and repeated breaches weighed — Quickie Convenience Stores considered — New argument rejected
  Procedure — Standard of review — Appellate deference — Whether the motion judge’s discretionary order reveals a palpable and overriding error — Housen correctness and palpable and overriding error framework — Falcon Lumber deference to case management findings — Findings available on record, no misapprehension — Correct legal test applied — Appeal dismissed
  Procedure — Pleadings — Leave to deliver new defence — Whether the appellant should be permitted to file a new statement of defence after striking — Thrive Capital distinguished — Continuing non-compliance with last-chance order — Granting leave would undermine striking order — Proportionality and litigation history considered — Request refused
• 2026-03-06 2455379 Ontario Inc. v. MacDonald Turkey Point Marina Inc., 2026 ONSC 1224 (CanLII)
  Key Words: writing — motion — leave — paid — dismissed
• 2026-03-04 Sayers Foods Ltd. v. Gay Company Ltd., 2026 ONSC 918 (CanLII)
  Key Words: Construction — Prompt payment adjudication — Holdback and scope — Whether “written notice of lien” is required to trigger notice holdback under s. 24(2) — Could multiple disputes raised as set‑offs convert a single “matter” into prohibited multiple matters under s. 13.5(4) — Contract certification and payment obligations applied — Adjudicator’s interpretation reasonable — Application dismissed
  Administrative law — Procedural fairness — Construction Act, s. 13.18(5)5 — Did procedures accord with Part II.1 and was any prejudicial unfairness shown — Order of submissions, provision of contract under s. 13.11, timelines, complexity of set‑off delay claim considered — No identified procedural breach causing prejudice — Standard of correctness for fairness applied — Application dismissed
  Administrative law — Judicial review grounds — Fraud — Construction Act, s. 13.18(5)7 — Was the determination made as a result of fraud, including alleged false statutory declarations — Evidence of unpaid subcontractors contextualised by owner’s non‑payment — No misrepresentation found to have induced decision — Fresh evidence not admitted where impermissible — Application dismissed
  Administrative law — Bias — Reasonable apprehension — Did refusal to provide ZOOM recording, procedural rulings, or tone of reasons demonstrate bias — No obligation to record or release argument — Strong presumption of impartiality not rebutted — Reasons responsive and point‑first — No prejudicial unfairness established — Application dismissed
• 2026-03-04 Saltaji v. Pinnacle Uptown Six Limited Partnership, 2026 ONSC 1271 (CanLII)
  Key Words: Procedure — Appellate jurisdiction — Arbitration — Divisional Court jurisdiction over private arbitration — Do appeal, leave to appeal, and judicial review lie to the Divisional Court under the Arbitration Act, 1991 where appeal rights were waived? — Agreement “final and binding” precluding appeals — ONHWPA inapplicable following arbitrator’s jurisdiction ruling — Proceedings under Arbitration Act, 1991 — Proceedings quashed
  Procedure — Appeals — Effect of jurisdictional ruling — Arbitrator’s determination of governing regime — Does the arbitrator’s finding that ONHWPA s. 17(4) does not apply dictate the appeal route? — Appeal routes governed by Arbitration Act, 1991 — Grandfield Homes v. Chen and Radewych applied — Challenge must proceed, if at all, under Arbitration Act framework — Motion granted
  Administrative law — Judicial review — Availability — Private arbitration — Is judicial review available for a decision of a private arbitrator? — Judicial review not available for private decision makers — Adams v. Canada and Universal Settlements considered — Attempted judicial review characterized as collateral attack on arbitral decision — Judicial review proceeding quashed
  Procedure — Motions — Motion to quash — Proper approach where jurisdiction absent — Should proceedings be quashed when the Court lacks jurisdiction? — Jurisdiction is a binary question — If no jurisdiction, proceedings destined to fail — Davidson v. CCC 73 followed — Minimal-merit threshold inapplicable to jurisdictional defect — Proceedings quashed
• 2026-03-02 Mehedi v. Toronto Police Services Board, 2026 ONSC 942 (CanLII)
  Key Words: leave — motion — costs — extension — awarded