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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

  • 2026-10-30 Estradas Trujillo v. Barrueta Rodriguez, 2026 ONSC 6079 (CanLII)
    Key Words: Family — Parenting time enforcement — Contempt motion — Breach of three court orders found, contempt discretion exercised — Police enforcement refused, further enforcement motion ordered with binding findings — Parenting time and reunification therapy context — Costs determined in separate reasons following contempt motion — No costs ordered
    Procedure — Costs — Successful party — Whether either parent was the successful party on the motion — Contempt not found, police enforcement declined — “Divided failure” and neither party obtained the result sought — Breach findings led only to an enforcement motion — No costs ordered
    Procedure — Offers to settle — Family Law Rules, O. Reg. 114/99, r. 24(12) — Whether an offer affected costs entitlement — Requirement that offer not expire or be withdrawn before hearing starts — Withdrawn offers ineligible, severable offer not met or bettered — Offer does not influence costs analysis — No costs ordered
    Procedure — Costs and penalties — Family Law Rules, O. Reg. 114/99, r. 1(8) — Whether enforcement fines should reduce costs — Enforcement mechanisms separate from costs, different purposes — Financial penalty for future non-compliance distinguished from costs under r. 24 — Overall proportionality noted without altering analysis — No costs ordered
  • 2026-10-30 Macgillivray v. Poirier, 2026 ONSC 6110 (CanLII)
    Key Words: Business associations — Partnerships — Partnership property sale — Restitutionary damages — Whether plaintiff entitled to equal division of sale proceeds — Property partnership continued at time of sale — Defendants jointly and severally liable for restitutionary damages — Restitutionary damages awarded
    Business associations — Fiduciary duties — Disgorgement — Nexus requirement — Whether full disgorgement of sale proceeds is appropriate — Need for nexus between breach of fiduciary duty and profits — Partial disgorgement limited to excess received — Disgorgement ordered
    Civil liability — Deceit and conspiracy — Punitive damages — Malicious, oppressive and highhanded conduct — Whether punitive damages should be awarded for breach of fiduciary duty and unlawful means conspiracy — Whiten v. Pilot Insurance Co. applied — Joint and several punitive liability imposed — Punitive damages awarded
    Procedure — Costs — Substantial indemnity costs — Rule 57.01, Rules of Civil Procedure — Whether substantial indemnity costs are warranted by litigation conduct — Delayed productions and discovery and deficient disclosure — Fraud and breach of fiduciary duty cited as basis for elevated costs — Substantial indemnity costs fixed and awarded
  • 2026-10-30 Pichette v. 13941281 Canada Inc., 2026 ONSC 6156 (CanLII)
    Key Words: Contracts — Agreement of Purchase and Sale — Breach — Unconditional agreement and waiver of conditions — Whether purchaser who failed or refused to complete breached the APS — Refusal of further extension request — Tender of closing documents — Breach of agreement found — Declaration granted
    Contracts — Deposit — Forfeiture and credit — Deposit held in trust pending completion — Whether deposit was intended to guarantee performance and be forfeited — Deposit forfeited on purchaser’s failure to close — Deposit credited against damages (Azzarello v. Shawqi) — Payment of deposit ordered
    Contracts — Damages — Measure and mitigation — Difference in sale price and carrying costs — How damages are assessed after failed real estate transaction — Hadley v. Baxendale principles applied — Difference between APS and subsequent sale price awarded — Carrying costs awarded — Damages ordered
    Procedure — Prejudgment interest — Courts of Justice Act — Entitlement and rate — Whether prejudgment interest should be awarded from issuance of claim — Rate determined having regard to average prejudgment interest rate under Courts of Justice Act — Per diem calculation applied — Prejudgment interest awarded
  • 2026-10-29 Papp v. Papp et al., 2026 ONSC 6009 (CanLII)
    Key Words: Business associations — Corporate dispute — Monitor — Ontario Business Corporations Act, s. 248(3), Courts of Justice Act, s. 101 — Interim relief sought in oppression proceeding involving equal shareholders — Court-appointed Monitor oversight and compliance reports — Competing motions to amend monitor mandate and restructure governance — Motions partly granted and dismissed
    Evidence — Interlocutory motion — Late service — Rules of Civil Procedure — What weight should be given to late-filed affidavits and an expert report — Prejudice from untested evidence with no meaningful cross-examination opportunity — Procedural fairness considered in deciding the record — No weight given to late-filed materials
    Business associations — Interim governance relief — Oppression remedy — Ontario Business Corporations Act, s. 248(3) — Whether monitor appointment orders should be amended to expand powers for forensic review, expense equalization, valuation, and sales process — Clean hands and workability assessed — Monitor findings on non-compliance considered — Motion to expand Monitor’s powers dismissed
    Business associations — Directors and officers — Interim removal — Ontario Business Corporations Act, s. 248(3), Courts of Justice Act, s. 101, RJR-MacDonald Inc. v. Canada (Attorney General) — Whether interim removal justified based on oppression allegations and Monitor reports — Serious issue, irreparable harm, balance of convenience analysed — Officer and director removed, authority suspended and transferred, credit cards delivered
    Business associations — Corporate jurisdiction — Foreign subsidiaries — Ontario Business Corporations Act, s. 248(3) — Does the court have jurisdiction over non-OBCA corporations and their directors — Internal affairs governed by jurisdiction of incorporation — Non-party Barbados and Mexican corporations outside OBCA scope — Jurisdiction denied and order limited to OBCA Companies
  • 2026-10-29 Far v. Koupal, 2026 ONSC 6117 (CanLII)
    Key Words: Procedure — Pleadings — Motion to amend application — Family Law Rules, O. Reg. 114/99, r. 11(3) — Whether amendment must be allowed unless it is plain and obvious it stands no chance of success — No reasonable cause of action for relief outside jurisdiction — Leave granted for tenable amendments, refused in part — Leave partly granted
    Family — Divorce proceeding — Religious divorce — Whether court has jurisdiction to compel a spouse to obtain an “Islamic Divorce” — Distinction between civil consequences and “quintessentially religious act” — Reliance on Bruker v. Marcovitz and Ontario authorities — Proposed paragraphs seeking compelled participation refused — Leave to plead religious divorce refused
    Statutory interpretation — Divorce Act and Family Law Act — Barriers to religious remarriage — Whether Divorce Act, s. 21.1 and Family Law Act, ss. 2(4) to (6) confer authority to compel a religious divorce — Court may prevent relief or strike pleadings for refusal to remove barriers — No statutory authority to order religious act — Amendment refused in part

Superior Court of Justice Divisional Court Recent Decisions

  • 2026-11-02 Sterling O&G International Corporation v. Alamos Gold Inc., 2026 ONSC 6185 (CanLII)
    Key Words: Procedure — Civil procedure — Judicial review proceeding — Application seeking to set aside associate justice’s interlocutory order — Notice under Rules of Civil Procedure, r. 2.1.01(6) — Whether Divisional Court has jurisdiction to strike a counterclaim or order payment into court — Relief unavailable in this court — Proceeding dismissed
    Administrative law — Judicial review — Adequate alternative remedy — Courts of Justice Act, s. 17(a) appeal from interlocutory order of associate judge — Whether court should hear judicial review despite available appeal — Strickland v. Canada (Attorney General), 2015 SCC 37 applied — Discretion declined — Application dismissed
    Procedure — Abuse of process — Summary dismissal — Rules of Civil Procedure, r. 2.1.01(1) — Whether application is frivolous and vexatious on its face — Proceeding seeking unavailable remedies and improper forum — Abuse of court’s process found — Summary dismissal ordered — Application dismissed
    Procedure — Representation — Corporate party representation — Order requiring corporation to appoint lawyer of record — Submissions prepared by non-lawyer representative reviewed despite no stay sought — Whether representative entitled to act in absence of stay — Submissions considered without altering representation requirement — Application dismissed
  • 2026-11-02 Brown v. Town of Iroquois Falls, 2026 ONSC 5859 (CanLII)
    Key Words: Administrative law — Judicial review — Reviewable “decision” — Whether a clerk’s letter enforcing a resolution is subject to judicial review — Clerk lacked authority to amend or rescind a council resolution — Letter characterised as a reminder of the existing process — Application found to relate to the original council resolution — Application dismissed for delay
    Procedure — Judicial review — Delay — Whether a seven-year delay warrants dismissal of an application for judicial review — Effective public decision making requires proceedings without excessive delay — Delay characterised as excessive — Court exercised discretion to deny judicial review — Application dismissed for delay
    Procedure — Judicial review — Extension of time — Judicial Review Procedures Act, s. 5 — Whether time should be extended where there are apparent grounds for relief and no substantial prejudice — Applicant provided no apparent grounds for relief — No explanation for extraordinary delay accepted — Extension refused — Application dismissed for delay
    Procedure — Judicial review — Prejudice — Whether prejudice can be assumed from a many-year delay — Witnesses gone and employees moved on — Council composition changed and record retention not indicated — Finality for resolutions emphasised — Substantial prejudice inferred — Application dismissed for delay
  • 2026-10-30 City of Windsor v. Amyotrophic Lateral Sclerosis Society of Essex County; Town of Tecumseh v. Belle River District Minor Hockey Association, 2026 ONSC 6012 (CanLII)
    Key Words: Procedure — Class proceedings — Class definition — Whether a class definition requires both a start date and an end date, express or implied — Leave motion limited to class definition issue — Appeal proceeds only on certified question — Costs reserved to appeal panel — Leave to appeal granted
    Procedure — Appeals — Leave to appeal — Whether leave to appeal should be granted from the motion judge’s decision — Leave granted on a single specified issue — Costs reserved to the panel hearing the appeal — Leave to appeal granted
  • 2026-10-30 Satheeskumar et al v. Landlord and Tenant Board et al, 2026 ONSC 6144 (CanLII)
    Key Words: Lease and tenancy — Residential Tenancies Act, 2006 — Termination for landlord’s family use — Bad faith notice of termination under s. 48(1)(c) — Whether requirements of s. 57(1)(a) met where parents never moved in — “Real substance” and good faith assessed over course of events — Compensation order upheld — Appeal dismissed
    Evidence — Appeal limited to errors of law — Weight and admissibility — Whether accepting an unsigned lease to prove increased rent raises an error of law — Distinction between weighing evidence and irrational reliance — Tenant identified lease and testified to rent paid — No jurisdiction to reweigh evidence — Appeal dismissed
    Procedure — Residential Tenancies Act, 2006 — Bad faith compensation framework — Whether Board applied incorrect test by focusing beyond intention when notice served — Elkins v. Van Wissen applied to timing of bad faith assessment — s. 202(1) “real substance” and good faith inquiry not confined to notice date — No error of law — Appeal dismissed
    Administrative law — Procedural fairness — Tribunal control of hearing — Whether frequent interjections and limits on cross-examination breached fairness — Residential Tenancies Act, 2006, s. 183 expeditious process mandate — Statutory Powers Procedure Act, s. 15(1) authority to exclude unduly repetitious evidence — Adequate opportunity to be heard found — Appeal dismissed
  • 2026-10-30 Lee v. Bush, 2026 ONSC 6146 (CanLII)
    Key Words: Lease and tenancy — Residential tenancies — Termination of tenancy — Residential Tenancies Act, 2006, s. 78(11) — Ex parte eviction order set aside — Whether it would not be unfair to set aside the order — Consideration of all the circumstances, including three-hour late rent payment and lack of prejudice — Appeal dismissed
    Administrative law — Procedural fairness — Tribunal process — Residential Tenancies Act, 2006, s. 183 — Whether procedural fairness was denied by ruling without closing submissions — Expeditious method and adequate opportunity to know the issues and be heard — Directed hearing and questioning permitted — Procedural fairness claim rejected — Appeal dismissed
    Lease and tenancy — Landlord and Tenant Board discretion — Guideline 7 factors — Whether the Board misinterpreted s. 78 by failing to apply Guideline 7 factors — “All the circumstances” under Residential Tenancies Act, 2006, s. 78(11) — Weight given to three-hour delay, no cash flow impact, no prejudice, direct deposit intention — No error of law — Appeal dismissed
    Procedure — Appeals — Statutory right of appeal — Residential Tenancies Act, 2006, s. 210 — Whether the court has jurisdiction over an appeal from an interlocutory extension of time endorsement — Interlocutory orders not appealable and endorsement not appealed — No asserted prejudice at set aside or review — Jurisdiction declined — Appeal dismissed

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