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

Cour supérieure de justice – Décisions récentes

• 2025-09-09 Alibdah v Altawil, 2025 ONSC 5109 (CanLII)
  Mots-clés: Family — Child support — Imputation of income — Respondent claimed no income due to lack of legal work status in Canada — Evidence of work at family grocery store and financial support from family — Should income be imputed to the respondent under the Federal Child Support Guidelines? — Section 19(1) of the Federal Child Support Guidelines permits imputation of income where income is diverted or financial disclosure is inadequate
  Family — Retroactive child support — Determination of arrears — Respondent found to have earned income since 2021 despite claims of financial dependence on family — Retroactive child support awarded for 2021 to August 2025 — Should retroactive child support be awarded, and in what amount? — Retroactive child support calculated based on imputed income of $70,000 annually
  Family — Spousal support — Imputation of income to applicant — Applicant underemployed and pursuing education to maintain benefits — Respondent’s precarious immigration status considered — Should spousal support be awarded to the applicant? — Spousal support not awarded due to prioritization of child support and applicant’s imputed income of $40,000
  Evidence — Credibility and reliability — Assessment of witness testimony — Respondent’s financial disclosure found unreliable — Adverse inference drawn from inconsistent testimony and fabricated loan documents — What is the appropriate method for assessing credibility and reliability in family law proceedings? — Credibility assessed based on honesty, consistency, and supporting evidence; reliability assessed based on accuracy and plausibility
• 2025-09-09 Lajeunesse v. Lajeunesse et al., 2025 ONSC 5160 (CanLII)
  Mots-clés: Estates and trusts — Resulting trust — Presumption of resulting trust — Parent transferring property to adult child for nominal consideration — Whether the presumption of resulting trust applies to the 2010 transfer of property — Whether the adult child rebutted the presumption by proving the transfer was intended as a gift — Framework for determining intention in property transfers — Pecore v. Pecore, 2007 SCC 17 applied
  Evidence — Affidavit evidence — Conflicting evidence — Whether affidavit evidence sufficiently establishes the transferor’s intention in property transfers — Court unable to resolve conflicting affidavit evidence without cross-examinations or testimony from relevant lawyers — Evidentiary burden on transferee to rebut presumption of resulting trust — Standard of proof on a balance of probabilities
  Property — Estate distribution — Inclusion of property in estate — Whether property transferred to adult child should be included in the deceased’s estate — Property held in trust for the benefit of the deceased and her estate — Property to be distributed according to the deceased’s will — Application of resulting trust principles to estate planning
  Lease — Trespassers — Residential Tenancies Act — Whether respondents occupying property are trespassers — Whether the Residential Tenancies Act applies to the respondents’ occupation — Court finding respondents not tenants under the Act — Property to be dealt with as part of the deceased’s estate
• 2025-09-09 Farhat v. Majed, 2025 ONSC 5152 (CanLII)
  Mots-clés: Estates and trusts — Validity of wills — Holograph wills — Undated handwritten document found in deceased’s drawer — Document signed in Arabic and altered posthumously — Whether the undated document constituted a valid will — Court found the undated document to be a draft and not the deceased’s testamentary intention — Ontario Succession Law Reform Act applied
  Estates and trusts — Validity of wills — Holograph wills — Handwritten document dated May 27, 2024, found in safety deposit box — Document signed in Arabic and deposited before pilgrimage to Mecca — Whether the document reflected the deceased’s testamentary intentions — Court declared the May 27, 2024 document as the valid last will and testament — Ontario Succession Law Reform Act applied
  Estates and trusts — Revocation of small estate certificate — Certificate issued based on undated handwritten document — Court found the certificate was issued in error due to lack of access to the safety deposit box — Certificate revoked and new certificate ordered based on valid will dated May 27, 2024 — Ontario Estates Act applied
  Estates and trusts — Distribution of estate — Specific gifts and residue — Jewellery, cash, and other assets in safety deposit box — Specific gifts to named beneficiaries, residue passing under intestacy rules — Court ordered distribution in accordance with valid will and intestacy provisions — Applicant entitled to residue of estate — Ontario Succession Law Reform Act applied
  Estates and trusts — Trustee obligations — Compensation and passing of accounts — Respondent acted as trustee under revoked certificate — Court denied trustee compensation and ordered respondent to pass accounts within 120 days — Full indemnity for costs ordered for both parties from the estate — Ontario Trustee Act applied
• 2025-09-09 Urban Electrical Contractors v. Urban Integrated Group Inc., 2025 ONSC 5164 (CanLII)
  Mots-clés: Construction — Lien security — Reduction of lien security — Subcontractor’s lien discharged by settlement with owner — Contractor opposing full return of lien security — Should lien security be reduced beyond the amount consented to by the contractor? — Governing rule under s. 44(9), rule 2 of the Construction Act requiring lien security to be pooled and distributed among lien claimants
  Contracts — Settlement agreements — Privity of contract — Owner settling directly with subcontractor — Contractor’s lien claims for same amounts not precluded by subcontractor’s settlement — Does the settlement between the owner and subcontractor bind the contractor? — Rule that contractor’s claims are grounded in its own contracts and not affected by subcontractor’s concessions
  Civil procedure — Costs — Motion costs — Settlement of motion without judicial determination — Should costs of the motion be awarded or deferred to the resolution of broader lien actions? — Rule that costs may be deferred to final determinations in related proceedings to assess reasonableness of positions
• 2025-09-08 Re Gelinas, 2025 ONSC 4921 (CanLII)
  Mots-clés: Bankruptcy and insolvency — Discharge of bankrupt — Conditions for discharge — Fresh start principle — Bankrupt sought absolute discharge from bankruptcy — Opposing creditor argued for repayment of debt arising from a motor vehicle judgment — Should the bankrupt be granted an absolute discharge or required to repay part of the debt? — Court imposed repayment of 25% of the debt as a condition for discharge — Bankruptcy and Insolvency Act, RSC 1985, c. B-3, ss. 172, 173
  Civil procedure — Financial disclosure — Bankruptcy discharge hearings — Bankrupt’s financial evidence contained errors and inconsistencies — Did the bankrupt’s financial disclosure and conduct affect the discharge application? — Court found errors were due to carelessness, not intent to mislead — Honest but careless financial disclosure may still result in conditional discharge
  Torts — Civil judgment avoidance — Bankruptcy to avoid liability for personal injury judgment — Bankrupt caused motor vehicle accident while uninsured — How should courts balance the fresh start principle with the integrity of the bankruptcy process? — Court emphasized moral responsibility for injuries and imposed partial repayment to maintain process integrity

Cour divisionnaire - Décisions récentes

• 2025-09-08 Wiedehopf v. Yeboah, 2025 ONSC 5101 (CanLII)
  Mots-clés: Contracts — Consent to additional work — Adjustment clauses — Appellant sought payment for additional materials and labour beyond the original contract price — Respondent argued no consent was given for the increased cost — Did the Deputy Judge err in finding that the respondent did not consent to the additional work and cost? — Appellate standard of review applied to factual findings and mixed fact and law: palpable and overriding error
  Statutory interpretation — Contract clauses — Adjustment clause interpretation — Appellant argued the adjustment clause permitted significant price increases for additional materials — Deputy Judge found the clause only allowed minor adjustments for measurement variations — Did the Deputy Judge err in interpreting the adjustment clause? — Interpretation of contract clauses in their factual matrix, with deference to trial-level findings
  Obligations — Quantum meruit — Unjust enrichment — Appellant claimed respondent knowingly accepted additional work and materials beyond the contract scope — Deputy Judge rejected quantum meruit claim, finding a valid contract governed the parties' obligations — Did the Deputy Judge err in rejecting the quantum meruit claim? — Valid contract precludes unjust enrichment claims: Moore v. Sweet, 2018 SCC 52
  Property — Trespass — Removal of installed materials — Appellant's employees removed cladding panels from respondent's property — Deputy Judge found this constituted trespass — Did the Deputy Judge err in finding that the appellant trespassed? — Credibility findings and factual determinations upheld absent palpable and overriding error
  Torts — Damages — Assessment of damages — Appellant challenged the damages awarded for trespass and related claims — Deputy Judge's assessment based on credibility and evidence — Did the Deputy Judge err in assessing damages? — Deference to trial-level damage assessments unless palpable and overriding error demonstrated
• 2025-09-04 Wasiak v. City of Kitchener, 2025 ONSC 5070 (CanLII)
  Mots-clés: Municipalities — Property standards — Exterior lighting — Nuisance — City of Kitchener By-law No. 2017-129 — Order to Comply issued for LED lighting installed inside a home but significantly impacting the exterior — Whether the By-law's exterior lighting provisions apply to interior lighting with exterior effects — Order to Comply confirmed — Municipal by-laws interpreted in light of their purpose, scheme, and objects
  Statutory interpretation — Municipal by-laws — Exterior lighting — Interpretation of section 665.6.6 of the City of Kitchener By-law No. 2017-129 — Whether "exterior lighting" includes interior lighting that primarily impacts the exterior — Modern principle of statutory interpretation applied — Words read in context, harmoniously with the scheme and purpose of the By-law — Order to Comply upheld
• 2025-09-04 Morgenthau v. Toronto Metropolitan University, 2025 ONSC 4870 (CanLII)
  Mots-clés: Administrative law — Judicial review — Discretion to decline review — University decision not to proceed with complaint — Applicant sought judicial review of decision not to discipline students for alleged harassment and discrimination — Should the court exercise its discretion to decline judicial review? — Judicial review is a discretionary public law remedy, not a right — Strickland factors applied to assess adequacy of alternative forums and appropriateness of judicial review
  Labour and employment — Grievance procedures — Human rights applications — University workplace safety — Applicant alleged failure to protect Jewish faculty from harassment and discrimination — Are grievance procedures or human rights applications adequate alternative forums? — Grievance under collective agreement and human rights application provide suitable remedies for workplace safety and discrimination claims
  Civil procedure — Indirect challenges — Procedural fairness — Allegations of bias — Applicant indirectly challenged findings of External Review through judicial review — Can judicial review address procedural fairness, errors of law, and bias in the External Review? — Judicial review cannot be used to indirectly challenge findings of a non-adjudicative process without standing or participation of affected parties
• 2025-09-04 Yu v. TD Direct Investing, 2025 ONSC 5069 (CanLII)
  Mots-clés: Contracts — Brokerage agreements — Online trading platforms — Liability disclaimers — Appellant claimed damages for losses incurred in a share trade executed through the Respondent's platform — Did the trial judge err in finding no liability in tort or contract for the Appellant's losses? — Governing rule: Respondent not liable under the Electronic Brokerage Services Client Agreement, s. 5, for inaccurate information or failure to provide advice
  Evidence — Standard of review — Palpable and overriding error — Appellant alleged trial judge ignored oral and documentary evidence — Did the trial judge err in the treatment of evidence or findings of fact? — Governing rule: Highly deferential standard of review for findings of fact; no palpable or overriding error found
  Rights and freedoms — Judicial impartiality — Bias and discrimination — Appellant alleged trial judge displayed bias and discriminated against her as a self-represented litigant with English as a second language — Did the trial judge display bias or discrimination? — Governing rule: Strong presumption of judicial impartiality; no cogent, substantial, or realistic evidence of bias provided
  Civil procedure — Appeals — Standard of review — Appellant challenged the trial judge's findings and conclusions — Did the trial judge make a palpable and overriding error justifying appellate intervention? — Governing rule: Findings of fact and mixed law and fact reviewed for palpable and overriding error; no extricable error in principle identified
• 2025-09-02 Lyons v. Lyons, 2025 ONSC 4890 (CanLII)
  Mots-clés: writing — motion — leave — dismissed — costs