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• Cour supérieure de justice – Décisions récentes
• Cour supérieure de justice – Cour divisionnaire – Décisions récentes

Cour supérieure de justice – Décisions récentes

• 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

• 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