Décisions de la Cour
Une série de jugements de la Cour supérieure de justice, pour la plupart rendus après le 1er octobre 2004, sont affichés sur le site Web de CanLII. Ce site n’est pas une source exhaustive de jugements de la Cour supérieure de justice. La version officielle des motifs de jugement est le document original signé ou l’endossement manuscrit dans le dossier de la Cour. S’il y a une question concernant le contenu d’un jugement, le document original dans le dossier de la Cour l’emporte.
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- Cour supérieure de justice – Décisions récentes
- Cour supérieure de justice – Cour divisionnaire – Décisions récentes
Cour supérieure de justice – Décisions récentes
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2025-10-22 Recoskie v. Vandenheuvel et al., 2025 ONSC 5856 (CanLII)
Mots-clés: Insurance — Uninsured motorist coverage — Family Protection Coverage — OPCF 44R Endorsement — Whether the defendant’s liability affects the insurer’s obligation to pay damages — Co-operators General Insurance Company standing in the shoes of the uninsured driver — Statutory limit of $200,000 — Governing rule: Insurer’s liability depends on whether the other driver is found at least 1% liable
Torts — Motor vehicle accidents — Liability — Whether the defendant, John Prince, was driving over the centre line or too close to it — Evidence of vehicle placement and roadway width — Presumption of liability rebutted by expert evidence and credible testimony — Governing rule: A driver is not liable if driving within their lane absent evidence of negligence
Torts — Motor vehicle accidents — Speed — Whether the defendant was traveling too fast for the conditions of the roadway — Speed below the posted limit but alleged to be excessive for a gravel road with a blind crest — Lack of evidence on causation or alternative maneuvers — Governing rule: Speed must be excessive relative to conditions and causally linked to the accident
Evidence — Witness credibility — Expert testimony — Whether the evidence supports a finding of liability against the defendant — Expert simulations placing the defendant’s vehicle in its lane — Witness inconsistencies and irrelevant cross-examination — Governing rule: Credibility and reliability of evidence must be assessed in light of the burden of proof -
2025-10-22 Brunet v. Paquin, 2025 ONSC 5967 (CanLII)
Mots-clés: Business associations — Shareholder disputes — Oppression claims — Transfer Agreement — Allegations of oppressive conduct by business partners — Ownership of shares in corporate entities — Dispute over financial control and shareholder rights — Whether the plaintiff was pressured into signing a Transfer Agreement — Application of corporate governance principles in shareholder disputes
Civil procedure — Stay of proceedings — Multiplicity of proceedings — Abuse of process — Whether the plaintiff's action against 9165 Inc. should be stayed pending resolution of the application — Application of Rules 6.01(1)(e), 21.01(3)(c), and 21.01(3)(d) of the Rules of Civil Procedure — Avoidance of inconsistent judicial outcomes and prejudice to parties
Civil procedure — Consolidation of proceedings — Application and action involving overlapping issues — Whether the application and the action should be consolidated — Consideration of judicial economy, consistency, and the stage of proceedings — Plaintiff's motion to consolidate dismissed without prejudice
Civil procedure — Conversion of application to action — Counterclaims — Whether the application should be converted to an action and asserted as a counterclaim in the consolidated proceeding — Discretion of the application judge to determine interconnectedness of disputes — Rule 38.10 of the Rules of Civil Procedure -
2025-10-22 Hunter et al v. Atwal, 2025 ONSC 5960 (CanLII)
Mots-clés: Contracts — Real estate transactions — Agreement of Purchase and Sale (APS) — Purchaser refused to close due to concerns about title transfer and lack of title insurance — Whether seller met obligations under APS to deliver good and clear title — Whether purchaser was justified in refusing to close — APS enforceability despite title transfer to Powers of Attorney — Nguyen v. Zaza applied — Seller entitled to damages for breach of APS
Insurance — Title insurance — Purchaser unable to obtain title insurance due to concerns about title transfer — Whether lack of title insurance justified refusal to close real estate transaction — Title insurance not a condition of the APS — Purchaser’s failure to include title insurance as a condition precluded reliance on its absence — Nguyen v. Zaza applied
Estates and trusts — Powers of Attorney — Real estate sale under Power of Attorney — Title transferred from original owner to Powers of Attorney prior to closing — Whether transfer invalidated APS — Powers of Attorney as sole beneficiaries of estate — Seller capable of delivering good and clear title — Estate administration taxes not applicable
Property — Real estate — Breach of Agreement of Purchase and Sale — Purchaser failed to close due to alleged title concerns — Seller awarded damages for difference in sale price, legal fees, and carrying costs — Retention of deposit permitted — Purchaser’s financial inability to close considered — Good and clear title established
Civil procedure — Summary judgment — Real estate dispute — Whether summary judgment appropriate to resolve issues without trial — No genuine issue requiring trial — Enhanced fact-finding powers under Rule 20.04(2.1) of the Rules of Civil Procedure — Hryniak v. Mauldin applied — Summary judgment granted -
2025-10-22 Singh v. BMW Canada et al, 2025 ONSC 5970 (CanLII)
Mots-clés: Torts — Negligence — Duty of care — Breach of standard of care — Causation — Damages — Plaintiff alleged repair shop negligently failed to inspect and diagnose vehicle issues after an accident — Did the plaintiff sufficiently plead the elements of negligence? — Pleadings read generously to determine if a viable cause of action exists — High bar for striking claims under Rule 21.01(1)(b) — Claim allowed to proceed to trial
Civil procedure — Motion to strike — Reasonable cause of action — Rules of Civil Procedure, Rule 21.01(1)(b) — Defendant repair shop sought to strike negligence claim for disclosing no reasonable cause of action — Whether claim was frivolous, vexatious, or an abuse of process — Pleadings must disclose a viable question not doomed to fail — Motion dismissed
Insurance — Statutory interpretation — Section 263(5) of the Insurance Act — No-fault regime — Whether section 263(5) bars negligence claims against repair shops not involved in the motor vehicle accident — Repair shop’s post-accident service contract distinguished from involvement in the accident — Section 263(5) found not to bar the claim
Civil procedure — Leave to bring motion — Placeholder statement of defence — Whether leave was required to bring a motion to strike after delivering a defence — Rule 2.02(b) of the Rules of Civil Procedure — Leave not required where defendant clearly took issue with sufficiency of the claim — Motion allowed to proceed -
2025-10-21 Caivan (Fox Run) Limited v. Gangwal et al, 2025 ONSC 5604 (CanLII)
Mots-clés: Contracts — Real estate transactions — Agreement of purchase and sale (APS) — Summary judgment — Plaintiff sought damages for defendants' failure to close on a real estate transaction — Did the plaintiff's demand to remove the MLS listing constitute a fundamental breach or anticipatory breach of the APS? — Court found no fundamental breach or anticipatory breach — Plaintiff entitled to damages for breach of contract
Civil procedure — Summary judgment — No genuine issue requiring trial — Whether the evidentiary record allowed the court to make necessary findings of fact and apply the law — Court applied the Hryniak v. Mauldin test for summary judgment — Summary judgment granted in favour of the plaintiff
Obligations — Breach of contract — Duty of honest performance — Misrepresentation — Defendants alleged plaintiff's conduct and communications constituted misrepresentation and breach of duty of honest performance — Did the plaintiff's actions justify rescission of the APS? — Court found no substantial misrepresentation or breach warranting rescission — Defendants not entitled to rescission
Property — Mitigation of damages — Resale of property — Plaintiff resold property after defendants failed to close — Did the plaintiff fulfill its duty to mitigate damages by making reasonable efforts to resell the property at fair market value? — Court found plaintiff made reasonable efforts to mitigate losses — Damages awarded to plaintiff for shortfall between original and resale prices
Sale — Real estate — Loss of opportunity — Defendants claimed damages for loss of opportunity to profit from resale — Defendants failed to provide evidence to quantify alleged loss — Were the defendants entitled to damages for loss of opportunity or other claims, such as conspiracy or unjust enrichment? — Court dismissed claims for loss of opportunity, conspiracy, and unjust enrichment
Cour divisionnaire - Décisions récentes
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2025-10-20 His Majesty the King as Represented by the Ministry of the Solicitor General v. Dr. John Carlisle, 2025 ONSC 5878 (CanLII)
Mots-clés: Administrative law — Judicial review — Scope of Coroner's Inquest — Reasonableness standard — Coroner's discretion to determine scope of Inquest — Whether inclusion of correctional programming and staffing issues in scope was reasonable — Low threshold for inclusion of issues in Inquest scope — Decision upheld as reasonable — Judicial Review Procedure Act, R.S.O. 1990, c. J.1
Workplace health and safety — Correctional institutions — Scope of Inquest — Best practices regarding correctional programs — Whether lack of programming contributed to deaths in custody — Coroner's reliance on prior reports, expertise, and inferences — Low evidentiary threshold for inclusion in scope — Decision upheld as reasonable
Workplace health and safety — Correctional institutions — Scope of Inquest — Staff retention and absenteeism — Whether staffing issues contributed to deaths in custody — Coroner's reliance on prior Inquests and reports — Low evidentiary threshold for inclusion in scope — Decision upheld as reasonable
Evidence — Expert evidence — Admissibility — Prematurity of judicial review — Coroner's preliminary decision to admit expert evidence on correctional programming — Whether judicial review of evidentiary ruling should proceed — Application dismissed as premature — White, Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23
Civil procedure — Judicial review — Prematurity — Interlocutory decisions — Whether judicial review of scope issues should proceed — Exceptional circumstances justifying review of scope issues — Prematurity of review of evidentiary ruling — Volochay v. College of Massage Therapists of Ontario, 2012 ONCA 541 -
2025-10-17 McLaughlin v. 369967 Ontario Limited, 2025 ONSC 5780 (CanLII)
Mots-clés: Civil procedure — Mootness — Appeal dismissed as moot — Appellants defaulted on a second mortgage and sought to appeal the dismissal of their motion to set aside a default judgment — Mortgage was repaid and discharged before the appeal was heard — Should the appeal be dismissed as moot? — Appeal dismissed as no live controversy remained, and no special circumstances justified hearing the moot appeal
Property — Mortgages — Default judgment — Appellants defaulted on payments under a second mortgage and were noted in default — Respondent obtained a default judgment and writ of possession — Appellants sought to set aside the default judgment — Whether the appeal raised any live property-related issues — Mortgage repaid and discharged, rendering the appeal moot
Statutory interpretation — Mootness framework — Discretion to hear moot appeals — Court applied the two-step test from Borowski v. Canada (Attorney General) to determine whether to hear a moot appeal — Does the case present special circumstances justifying the use of judicial resources? — No adversarial context or broader public importance found; appeal dismissed -
2025-10-17 Sava Motor Works Inc. v. National Bank of Canada, 2025 ONSC 5859 (CanLII)
Mots-clés: Administrative law — Judicial review — Procedural fairness — Natural justice — Applicant alleged Deputy Judge breached procedural fairness by proceeding with an order despite late service of motion materials — Whether the Divisional Court should exercise discretion to refuse relief due to Applicant's conduct and availability of alternative remedies — Discretionary nature of judicial review remedies — Principles from Yatar v. TD Insurance Meloche Monnex and Canada (Citizenship and Immigration) v. Khosa applied
Civil procedure — Adjournments — Late service of motion materials — Applicant argued motion materials were served 22 minutes late, breaching Rule 15.01(3) of the Rules of the Small Claims Court — Whether late service justified refusal to proceed with the motion — Court emphasized that minor procedural irregularities do not excuse non-compliance with court orders
Statutory interpretation — Jurisdiction of Small Claims Court — Payment into court as a condition of adjournment — Applicant challenged Deputy Judge's jurisdiction to order payment of sale proceeds into court under the Repair and Storage Liens Act — Whether such an order was within the Deputy Judge's authority — Interpretation of statutory powers under the RSLA and related procedural rules -
2025-10-17 Carrasco v. College of Massage Therapists, 2025 ONSC 5896 (CanLII)
Mots-clés: Administrative law — Professional discipline — Appeal of Discipline Committee decision — Massage therapist’s certificate of registration revoked for sexual abuse — Did the Panel err in law by improperly relying on prior consistent statements? — Was the appellant denied procedural fairness due to adjournment denial? — Standard of review for findings of fact, law, and mixed fact and law — Matter remitted for rehearing before a differently constituted panel — Housen v. Nikolaisen framework applied
Evidence — Prior consistent statements — Credibility — Discipline Committee improperly relied on prior consistent statements to bolster complainant’s credibility — Statements made to husband, friends, and investigators improperly used to support reliability — Presumptive inadmissibility of prior consistent statements — R. v. Stirling, R. v. Ellard, and R. v. Freedland applied — Appeal allowed on this ground
Civil procedure — Procedural fairness — Denial of adjournment requests — Appellant unable to secure counsel of choice — Allegation of abuse of process raised for the first time on appeal — Court declined to entertain abuse of process argument due to prejudice to respondent — Kaiman v. Graham applied
Statutory interpretation — Standard of review — Errors of law reviewed on correctness standard — Errors of fact and mixed fact and law reviewed for palpable and overriding error — Extricable errors of law reviewed on correctness standard — Housen v. Nikolaisen applied
Professional responsibility — Discipline Committee — Rehearing ordered before differently constituted panel — Improper reliance on prior consistent statements — Sanction for admitted record-keeping misconduct to be determined after rehearing — Limited jurisdiction to award costs under s. 53 of the Health Professions Procedural Code — Truman v. Association of Professional Engineers of Ontario applied -
2025-10-16 Tian v. Jiang, 2025 ONSC 5627 (CanLII)
Mots-clés: unreported — writing — motion — leave — dismissed