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Decisions of the Court

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® QuicklawTM and WestlawNext® Canada.

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Superior Court of Justice Recent Decisions

  • 2026-06-15 David v. Loblaw Companies Ltd., 2026 ONSC 3496 (CanLII)
    Key Words: Procedure — Class actions — Settlement administration — Whether the Court should grant directions for administration following indicators of potentially fraudulent claims — Aggregation of approved Consumer Claims through a small number of accounts — Interac e‑transfer payments and cheque distribution reviewed — Directions for settlement management in response to suspected fraud — Order to go granting relief
    Procedure — Class actions — Distribution Protocol — Should Returned Funds be applied first to Re‑Issued Payments then to indemnity claims until cy‑près? — Use of Returned Funds within the Ontario Consumer Fund bank account — Reliance on remaining Returned Funds to address Settlement Administrator Indemnity — Returned Funds to form part of cy‑près distribution — Relief granted
    Procedure — Motions — Urgent unopposed motion — Is it appropriate to issue the requested order with notice to the Defendants? — Defendants take no position on the relief sought — Court endorses proposed order as submitted by Plaintiffs’ counsel — Settlement Administrator’s investigative steps under s. 27 noted — Order to go issued
  • 2026-06-15 Zadeh v. Fard, 2026 ONSC 3489 (CanLII)
    Key Words: Civil liability — Fraudulent misrepresentation — Elements — Chaba v. Khan, Midland Resources cited for elements — Whether the defendant made false representations of fact and knew or was reckless — Guarantees of high, fixed returns and “double the money” found false — Use of plaintiffs’ funds for personal expenses considered — Judgment based on fraudulent misrepresentation granted
    Procedure — Summary judgment — Suitability — Hryniak v. Mauldin test applied, Le v. Norris referenced — Whether the judge can make necessary findings on a paper record — Credibility disputes not determinative given written agreements and limited denials — Proportionate, expeditious process preferred — Summary judgment granted
    Evidence — Affidavits — Reply evidence and recordings — Whether a reply affidavit referring to a recorded meeting can be considered — Strategic choice not to seek sur‑reply and lack of prejudice noted — No transcript filed yet content referenced and produced in advance — Evidence admitted for the motion — Admission of reply materials confirmed
    Civil liability — Fraudulent misrepresentation — Reliance and loss — Whether the plaintiffs relied on the representations despite “too good to be true” features — Factors supporting reliance including past payments and referrals — Plaintiffs deposed to reliance and losses acknowledged — Claims limited to invested amounts — Judgment for plaintiffs on fraudulent misrepresentation affirmed
  • 2026-06-14 Terra Park Developments Limited v Pensio Property Management Group Inc., 2026 CanLII 57825 (ON SC)
    Key Words: Procedure — Discovery — Scope and proportionality — Rule 31.06 and Rule 29.2.03 — Whether discovery questions are relevant and proportionate to issues defined by the pleadings — Green v. Canadian Imperial Bank of Commerce and Ontario v. Rothmans Inc. applied — Overbroad “fishing expeditions” rejected — Proportionate first steps and timelines imposed — Directions and dispositions set out
    Evidence — Privilege — Solicitor-client privilege and litigation privilege — Whether reasons for pleadings amendments and counsel approvals are protected — Blank v. Canada and Lizotte v. Aviva Insurance Company of Canada cited, Skysolar applied — Privileged documents to be listed in a proper Schedule B — Some refusals upheld, others to be answered or identified — Privilege upheld in part
    Procedure — Discovery — Affidavit of documents — Further and better affidavits — Requirement to identify email addresses, phone numbers, searches and search terms — Production from relevant accounts and devices with Schedules A, B and C in compliance with the Rules — Reasonable inquiries and best efforts mandated with deadlines — Further and better affidavits of documents ordered
    Procedure — Discovery — Confidentiality and privacy — Whether confidentiality or privacy justify refusals to produce insurance and reinsurance agreements and related correspondence — Underlying insurance and reinsurance documents central and therefore relevant — Confidentiality not a proper basis for refusal, redactions available — Proportionate production directed with timelines — Confidentiality objections rejected, production ordered
  • 2026-06-12 Mi5 Print & Digital v. Larmer, 2026 ONSC 3070 (CanLII)
    Key Words: Procedure — Status hearing — Dismissal for delay — Whether plaintiffs provided an acceptable explanation for 38.5 months of inaction — Application of subrule 48.14(7) and conjunctive test from Beshay v. Labib — Phased analysis of delay and failures to prosecute — Request to set deadlines to set action down for trial refused — Action dismissed for delay
    Procedure — Status hearing — Prejudice — Whether defendants would suffer non-compensable prejudice if the action proceeds — Presumption and rebuttal assessed under 1196158 Ontario Inc. — Bankrupt records and letter regarding dementia considered — Actual prejudice not proven yet delay unexplained — Action dismissed for delay
    Procedure — Status hearing — Judicial discretion — How should the Court exercise discretion under rule 48.14 to dismiss for delay? — Balancing determination on the merits with timely and efficient justice — Strong public interest and enforcement of Rules emphasised — Missed five-year set-down despite COVID suspension noted — Action dismissed for delay
    Procedure — Motions — Disclosure on motion — Should failure to make full and frank disclosure affect the status hearing? — Redactions concealed relevant communications on accounts and file transfer — Adequacy of explanation undermined and discretion informed — Plaintiffs’ timetable request denied — Action dismissed for delay
  • 2026-06-11 Finley v. Raise Limited, 2026 ONSC 3463 (CanLII)
    Key Words: Procedure — Class actions — Certification — Class Proceedings Act, 1992, s. 5(1) — Should the action be certified for settlement purposes only? — Identifiable class and common issue of vicarious liability established — Preferable procedure found, avoiding duplication and ensuring consistency — Representative plaintiff adequate — Formal s. 8(1) particulars unnecessary given settlement — Certification granted
    Procedure — Class actions — Settlement approval — Class Proceedings Act, 1992, s. 27.1(5) — Is the settlement fair, reasonable and in the best interests of class members? — Arm’s-length mediation and experienced counsel recommendations considered — Factors from Wein v. Rogers Cable and related authorities applied — Litigation risk and modest per capita recovery assessed — Settlement approved
    Procedure — Class actions — Cy‑près and fees — Should cy‑près distribution and class counsel fees be approved? — Cy‑près recipient aligned with online privacy and scam prevention — Focused proposal to address misuse of personal information accepted — Contingency reduced and hours reviewed — Fees and disbursements reasonable and proportionate — Cy‑près recipient approved and fees approved

Superior Court of Justice Divisional Court Recent Decisions

  • 2026-06-15 Brar v. ATU Local 113, 2026 ONSC 3441 (CanLII)
    Key Words: Administrative law — Judicial review — Extension of time — Judicial Review Procedure Act, s. 5(1), s. 5(2) — Whether to extend time given almost eighteen months’ delay — Weak explanation for delay, including withdrawn unfair labour practice complaint — Presumption of prejudice and finality in labour relations engaged — Discretion exercised against extension — Extension refused
    Labour and employment — Labour arbitration — Standing to seek judicial review — Unionized employee cannot seek judicial review where union declines, absent exceptions — Email stating employee was free to seek his own remedy considered in context — Unfair labour practice avenue pursued then withdrawn — Whether exceptions apply — Standing not established
    Administrative law — Judicial review — Standard of review — Presumptive reasonableness and deference to labour arbitrators — Alleged legal errors in compensation relying on private employment law — Attempt to revisit factual findings — No merit against the arbitrator personally — Procedural unfairness allegations not persuasive — Are there apparent grounds for relief — Apparent grounds not shown
  • 2026-06-15 Navado Fraser v. Califair, 2026 ONSC 3433 (CanLII)
    Key Words: Lease and tenancy — Eviction for non-compliance with conditional order — Residential Tenancies Act, 2006, s. 78 — Did the tenant fail to pay rent in full and on time? — Payment short by $72.50 and one day late after rent increase email — Labour Day timing under LTB Rule 1.14 insufficient — Tenancy terminated — Appeal dismissed
    Administrative law — Procedural fairness — Without-notice order — Residential Tenancies Act, 2006, s. 78 — Was proceeding without notice lawful and procedurally fair? — Statute authorises application without notice in circumstances present — Proper recourse was motion to set aside under s. 78(9) — No record to challenge legislation — Appeal dismissed
    Procedure — Appeals from tribunals — Questions of law only — Standard of review correctness — Can post-appeal rent issues or new history be considered on appeal? — Appeals limited to errors of law, new merits evidence declined — Failure to bring motion to set aside noted — No legal error shown — Appeal dismissed
  • 2026-06-12 Admore Capital Group GP Inc. v. Hajduk, 2026 ONSC 3303 (CanLII)
    Key Words: Procedure — Appeals — Leave to appeal — Should leave to appeal be granted from the decision of Koehnen J.? — Motion for leave to appeal by Admore Capital Group GP Inc. and Geoffrey Carnevale — Divisional Court endorsement, heard in writing, Ontario Superior Court of Justice — Motion for leave to appeal the decision of Koehnen J. dismissed — Leave to appeal dismissed
    Procedure — Costs — Costs on motions — Are costs payable where no bill of costs was provided? — As no bill of costs was provided, no costs are ordered — Divisional Court endorsement following written hearing — Parties identified and roles noted — No costs ordered on dismissal of motion — Costs denied
  • 2026-06-12 Jennings Lodge Inc. v. Canadian Mental Health Association, 2026 ONSC 3304 (CanLII)
    Key Words: motion — outline — leave — costs — extension
  • 2026-06-12 Salter-Nurtekin v. Nurtekin, 2026 ONSC 3305 (CanLII)
    Key Words: inclusive — writing — motion — leave — dismissed

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