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
- Superior Court of Justice Divisional Court Recent Decisions
Superior Court of Justice Recent Decisions
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2026-05-21 Royal Bank of Canada v. International Trucking Inc., 2026 ONSC 2978 (CanLII)
Key Words: Evidence — Affidavits and privilege — Settlement communications — Whether affidavit from counsel disclosing privileged settlement negotiations should be admitted — Counsel affidavit on contentious matter improper and irrelevant — Privileged materials ought to be under seal absent exceptional circumstances — Details of negotiations almost never relevant — Affidavit struck from the record
Procedure — Adjournment — Receivership application — Whether adjournment warranted to allow debtors to formulate a stand‑alone CCAA application — No cross‑application before the court — Negotiations exhausted, defaults uncured, enforcement pending — Balancing prospective CCAA against scheduled hearing — Adjournment request rejected
Bankruptcy and insolvency — Receivership — Appointment — Is a court‑supervised receivership justified on the facts? — Debtors in default, required notices given, negotiations prolonged — Risks including environmental exposure and intercreditor issues noted — Bank entitled to enforce security — Court‑supervised receivership granted
Bankruptcy and insolvency — Receivership — Form of order — Should the receivership order issue in the Model Order form? — Draft tracks Model Order with minor grammatical and threshold adjustments — Retroactivity deleted and judge’s name added — No debtor comments on form — Receivership order to issue in approved form -
2026-05-21 Lardan Investments Inc. v. 11269682 Canada Inc. et al., 2026 ONSC 2936 (CanLII)
Key Words: Procedure — Noting in default — Counterclaim — Whether the noting in default on the counterclaim should be set aside — Context and factual situation of the case considered — Factors include behaviour, length of the delay, reasons for the delay, complexity and value — Intact Insurance Company v. Kisel, 2015 ONCA 205 applied — No prejudice to defendants, significant potential prejudice to plaintiff — Noting in default set aside
Procedure — Standards on setting aside default — Merits threshold — Do “extreme circumstances” exist requiring an arguable defence on the merits — “Extreme circumstances” not established on this record — Delay largely unexplained for twelve months but not exceptional — Fault of first counsel should not be visited on the plaintiff — Court declines to consider merits — No merits review required
Procedure — Prejudice and delay — Counterclaim — Whether setting aside the noting in default would prejudice a party relying on it — No evidence of prejudice to defendants, no steps taken after default — Significant prejudice to plaintiff if not set aside, property sold under power of sale — Balance favours determination on the merits — Noting in default set aside
Procedure — Costs — Motion — What costs should be awarded on the motion — Plaintiff succeeded on the motion and is entitled to costs — Comparative positions on partial and full indemnity noted — Costs fixed, payable jointly and severally by the defendants to the plaintiff, within 30 days — Costs fixed at $8,000 awarded -
2026-05-20 United Bakery Manufacturers Inc. v. Alectra Utilities Corporation, 2026 ONSC 2928 (CanLII)
Key Words: Procedure — Summary judgment — Genuine issue requiring a trial — Rules of Civil Procedure, r. 20.04(2)(a) — Whether the summary judgment record permits a fair and just determination — Hryniak v. Mauldin standard applied — Moving party’s onus and best foot forward principle — Record incomplete on negligence — Summary disposition inappropriate — Motion dismissed
Civil liability — Negligence — Pleading and particulars — Whether allegations of negligence raised in a reply can support a triable issue — Failure to inspect and maintain underground supply cables alleged — Incident reports not produced and adverse inference sought — Negligence claim requires factual development — Genuine issue requiring a trial found — Motion dismissed
Public utilities — Electricity distribution — Conditions of Service — Distribution System Code — Whether utility liability is barred absent wilful misconduct or negligence — Implied contractual framework asserted, limitation of damages pleaded — Applicability of COS to claim considered at summary judgment — Record insufficient to negate negligence-based liability — Motion dismissed -
2026-05-20 Valencia v. Juhasz, 2026 ONSC 2932 (CanLII)
Key Words: Procedure — Costs — Divided success — Whether costs should be awarded given divided success — Modern costs purposes applied, including partial indemnity and settlement — Success on motion was divided and favoured the respondent — Interim support granted but major relief denied — Fair and reasonable to deny costs — Costs dismissed
Procedure — Costs — Unreasonable litigation conduct — Whether unreasonable litigation conduct justifies costs notwithstanding divided success — Allegations of abuse unproven and unsupported by corroborating evidence — Adjournment for medical letter caused delay but no impact on award — Positions on SSAGs disputed on the record — Conduct on both sides considered — Costs dismissed
Procedure — Motions — Retroactive spousal support — Whether extensive retroactive spousal support on a Rule 14 motion was unreasonable — Not a motion for summary judgment — Retroactive spousal support typically left for trial — Large retroactive claim reduced settlement potential — Inclusion on temporary motion found unreasonable — Costs dismissed -
2026-05-20 Lamptey v. Suske Capital, 2026 ONSC 2954 (CanLII)
Key Words: Bankruptcy and insolvency — Appeals — Forum of appeal — Appeal route from bankruptcy order made by Associate Justice under s. 192(1)(a) of the Bankruptcy and Insolvency Act — Does the appeal lie to a judge under s. 192(4), not to the Court of Appeal under s. 193 — Associate Justice had jurisdiction — Appeal redirected to Superior Court judge — Appeal to judge confirmed
Bankruptcy and insolvency — Stays — Automatic stay pending appeal — Whether filing an appeal to a judge under s. 192(4) triggers an automatic stay under s. 195 of the Bankruptcy and Insolvency Act — Royal Bank of Canada v. LaHave Equipment Ltd., Re Atlantic Sea Cucumber Limited applied — No automatic stay for s. 192(4) appeals — Automatic stay denied
Procedure — Injunctions — Mareva injunction — Effect of bankruptcy orders on civil proceedings and asset freezing — Proceedings against bankrupt defendants stayed and property vests in trustee — Is a Mareva injunction unnecessary and unavailable against the bankrupts — Mareva application to proceed only against other defendants — Proceedings stayed against bankrupts and Mareva against them unavailable
Superior Court of Justice Divisional Court Recent Decisions
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2026-05-21 Royal Bank of Canada v. International Trucking Inc., 2026 ONSC 2978 (CanLII)
Key Words: Evidence — Affidavits and privilege — Settlement communications — Whether affidavit from counsel disclosing privileged settlement negotiations should be admitted — Counsel affidavit on contentious matter improper and irrelevant — Privileged materials ought to be under seal absent exceptional circumstances — Details of negotiations almost never relevant — Affidavit struck from the record
Procedure — Adjournment — Receivership application — Whether adjournment warranted to allow debtors to formulate a stand‑alone CCAA application — No cross‑application before the court — Negotiations exhausted, defaults uncured, enforcement pending — Balancing prospective CCAA against scheduled hearing — Adjournment request rejected
Bankruptcy and insolvency — Receivership — Appointment — Is a court‑supervised receivership justified on the facts? — Debtors in default, required notices given, negotiations prolonged — Risks including environmental exposure and intercreditor issues noted — Bank entitled to enforce security — Court‑supervised receivership granted
Bankruptcy and insolvency — Receivership — Form of order — Should the receivership order issue in the Model Order form? — Draft tracks Model Order with minor grammatical and threshold adjustments — Retroactivity deleted and judge’s name added — No debtor comments on form — Receivership order to issue in approved form -
2026-05-21 Lardan Investments Inc. v. 11269682 Canada Inc. et al., 2026 ONSC 2936 (CanLII)
Key Words: Procedure — Noting in default — Counterclaim — Whether the noting in default on the counterclaim should be set aside — Context and factual situation of the case considered — Factors include behaviour, length of the delay, reasons for the delay, complexity and value — Intact Insurance Company v. Kisel, 2015 ONCA 205 applied — No prejudice to defendants, significant potential prejudice to plaintiff — Noting in default set aside
Procedure — Standards on setting aside default — Merits threshold — Do “extreme circumstances” exist requiring an arguable defence on the merits — “Extreme circumstances” not established on this record — Delay largely unexplained for twelve months but not exceptional — Fault of first counsel should not be visited on the plaintiff — Court declines to consider merits — No merits review required
Procedure — Prejudice and delay — Counterclaim — Whether setting aside the noting in default would prejudice a party relying on it — No evidence of prejudice to defendants, no steps taken after default — Significant prejudice to plaintiff if not set aside, property sold under power of sale — Balance favours determination on the merits — Noting in default set aside
Procedure — Costs — Motion — What costs should be awarded on the motion — Plaintiff succeeded on the motion and is entitled to costs — Comparative positions on partial and full indemnity noted — Costs fixed, payable jointly and severally by the defendants to the plaintiff, within 30 days — Costs fixed at $8,000 awarded -
2026-05-20 United Bakery Manufacturers Inc. v. Alectra Utilities Corporation, 2026 ONSC 2928 (CanLII)
Key Words: Procedure — Summary judgment — Genuine issue requiring a trial — Rules of Civil Procedure, r. 20.04(2)(a) — Whether the summary judgment record permits a fair and just determination — Hryniak v. Mauldin standard applied — Moving party’s onus and best foot forward principle — Record incomplete on negligence — Summary disposition inappropriate — Motion dismissed
Civil liability — Negligence — Pleading and particulars — Whether allegations of negligence raised in a reply can support a triable issue — Failure to inspect and maintain underground supply cables alleged — Incident reports not produced and adverse inference sought — Negligence claim requires factual development — Genuine issue requiring a trial found — Motion dismissed
Public utilities — Electricity distribution — Conditions of Service — Distribution System Code — Whether utility liability is barred absent wilful misconduct or negligence — Implied contractual framework asserted, limitation of damages pleaded — Applicability of COS to claim considered at summary judgment — Record insufficient to negate negligence-based liability — Motion dismissed -
2026-05-20 Valencia v. Juhasz, 2026 ONSC 2932 (CanLII)
Key Words: Procedure — Costs — Divided success — Whether costs should be awarded given divided success — Modern costs purposes applied, including partial indemnity and settlement — Success on motion was divided and favoured the respondent — Interim support granted but major relief denied — Fair and reasonable to deny costs — Costs dismissed
Procedure — Costs — Unreasonable litigation conduct — Whether unreasonable litigation conduct justifies costs notwithstanding divided success — Allegations of abuse unproven and unsupported by corroborating evidence — Adjournment for medical letter caused delay but no impact on award — Positions on SSAGs disputed on the record — Conduct on both sides considered — Costs dismissed
Procedure — Motions — Retroactive spousal support — Whether extensive retroactive spousal support on a Rule 14 motion was unreasonable — Not a motion for summary judgment — Retroactive spousal support typically left for trial — Large retroactive claim reduced settlement potential — Inclusion on temporary motion found unreasonable — Costs dismissed -
2026-05-20 Lamptey v. Suske Capital, 2026 ONSC 2954 (CanLII)
Key Words: Bankruptcy and insolvency — Appeals — Forum of appeal — Appeal route from bankruptcy order made by Associate Justice under s. 192(1)(a) of the Bankruptcy and Insolvency Act — Does the appeal lie to a judge under s. 192(4), not to the Court of Appeal under s. 193 — Associate Justice had jurisdiction — Appeal redirected to Superior Court judge — Appeal to judge confirmed
Bankruptcy and insolvency — Stays — Automatic stay pending appeal — Whether filing an appeal to a judge under s. 192(4) triggers an automatic stay under s. 195 of the Bankruptcy and Insolvency Act — Royal Bank of Canada v. LaHave Equipment Ltd., Re Atlantic Sea Cucumber Limited applied — No automatic stay for s. 192(4) appeals — Automatic stay denied
Procedure — Injunctions — Mareva injunction — Effect of bankruptcy orders on civil proceedings and asset freezing — Proceedings against bankrupt defendants stayed and property vests in trustee — Is a Mareva injunction unnecessary and unavailable against the bankrupts — Mareva application to proceed only against other defendants — Proceedings stayed against bankrupts and Mareva against them unavailable