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

Cour supérieure de justice – Décisions récentes

• 2026-09-08 Zahiri v. Alizadeh et al., 2026 ONSC 5082 (CanLII)
  Mots-clés: Procedure — Motions — Default judgment — Rules of Civil Procedure, r. 19.08(1) — Motion to set aside default judgment and noting in default — Interests of justice analysis applied — Prompt motion, plausible excuse, air of reality, relative prejudice, integrity of administration of justice — Default judgment set aside
  Procedure — Discretionary relief — Interests of justice factors — Mountain View Farms Ltd. v. McQueen, Intact Insurance Company v. Kisel — Whether interests of justice favoured setting aside default judgment — Promptness conceded, short delay explained, arguable defence with “air of reality” — Relative prejudice weighed and integrity of administration of justice considered — Motion granted
  Evidence — Affidavit evidence — Admissibility and weight — Whether double hearsay and unsworn exhibits could support asserted prejudice — Inadmissible double hearsay in affidavit identified — Exhibits that have not been sworn discounted — Plaintiff’s evidence about first mortgage and property taxes reduced — Evidence discounted
  Security interests — Mortgages — Power of sale — Mortgages Act, s. 42 — Whether Notice of Sale Under Charge/Mortgage of Land should be “voided” on motion to set aside default judgment — Power of sale process “separate and apart from the action” — Relief refused without authority, separate motion contemplated — Notice of Sale not voided
• 2026-09-08 Business Development Bank of Canada v. 13904903 Canada Inc., 2026 ONSC 5083 (CanLII)
  Mots-clés: Contracts — Loan agreement and guarantees — Enforcement for money owing — Summary judgment granted on the Loan and the guarantees — Principal balance awarded and “Other Amounts” disallowed — Simple interest, calculated daily, based on Floating Base Rate plus variance — Claim partly allowed
  Procedure — Simplified Procedure — Summary judgment — Whether action could be determined by summary judgment — Motion heard on two return dates by videoconference — Summary judgment procedure applied in a Simplified Procedure action — Summary judgment granted
  Evidence — Affidavit and spreadsheet evidence — Quantification of debt and interest — Whether evidentiary record sufficient to determine principal balance and simple interest accrued over time — Further supplementary affidavit and revised Excel Spreadsheet required — Unchallenged evidence accepted for principal and interest calculations — Further evidence ordered and relied on
  Contracts — Interest — Pre-judgment interest — Whether pre-judgment interest should be awarded at the rate stipulated in the Loan — Courts of Justice Act, s. 130 discretion exercised to award rate other than ss. 127, 128 — Stipulated rate found commercially reasonable — Pre-judgment interest awarded
  Contracts — Interest — Post-judgment interest — Whether post-judgment interest should accrue at the stipulated rate on principal — Courts of Justice Act, s. 130 discretion exercised instead of ss. 127, 129 — Post-judgment interest awarded on principal at stipulated rate — No post-judgment interest on pre-judgment interest to avoid compounding — Claim partly allowed
• 2026-09-08 Condotta v. Condotta et al., 2026 ONSC 5088 (CanLII)
  Mots-clés: Business associations — Closely held corporations — Shareholder conflict — Oppression remedy, OBCA, s. 248 — Distribution of Termination Payout proceeds as “dividend” to one shareholder — Reasonable expectations in a small family business — Corporate assets belonging to Opco and engaging shareholder interests — Conduct found oppressive, unfairly prejudicial, and unfairly disregarding interests — Monetary remedy ordered
  Business associations — Dividends — Director conduct — Whether distributing the Termination Payout to the director alone was oppressive, OBCA, s. 248(2) — “Dividend” characterization found to be a deliberate attempt to exclude the other shareholder — Termination Payout not a dividend declared in the ordinary course of business — Court intervention to rectify unfairness — Oppression established
  Procedure — Interpretation of orders — Consent order — Was paragraph 6 of the Final Order a valid waiver to dividends, and did it apply to the Termination Payout proceeds — Interpretation of a court order by examining language and circumstances, Yu v. Jordan — “Dividend” read as ordinary operating profits funding spousal support — Termination Payout proceeds excluded — Waiver not dispositive
  Business associations — Remedies — Personal liability — Whether the director should be held personally liable for oppressive conduct — Small family business, operating mind and main beneficiary of the conduct — Funds received personally through the inappropriately distributed dividend — Wilson v. Alharayeri applied — Personal liability found appropriate — Personal liability imposed
  Procedure — Remedies — Disclosure and accounting — Whether financial disclosure and an accounting of Holdco and Opco operations should be ordered — Document sharing described as ponderous and consistent with continued disregard of interests — Remedy framed as part of rectifying matters complained of — Disclosure ordered covering operations from June 1, 2022 to the present — Accounting ordered
• 2026-09-08 Giglione v. Giglione et al., 2026 ONSC 5096 (CanLII)
  Mots-clés: Estates and wills — Estate administration — Estate Trustee During Litigation — Trustee renunciation and no certificate of appointment — Whether an ETDL should be appointed to administer the estate — Opportunity for other children to apply as estate trustee — ETDL appointment without security if no eligible application — Powers and restrictions set by order — ETDL ordered
  Procedure — Certificates of pending litigation — Leave to issue and register CPL — Matrimonial home held in joint tenancy — Whether there was a triable issue regarding ownership supporting a CPL — Evidence held insufficient to displace statutory presumption — No triable issue regarding ownership found — Leave to register CPL denied
  Property — Co-ownership — Joint tenancy and survivorship — Family Law Act, s. 14(a) — Whether presumption of joint tenancy between married spouses was displaced — Resulting trust and alleged severance by course of dealing — Intention at time of taking title not established — Property passed by survivorship — Finding of joint tenancy maintained
  Procedure — Motion for directions — Accounting, tracing, preservation, examinations — Alleged investment property and estate assets — Whether there was a basis to order accounting and tracing of alleged property — No particulars and no cogent evidence of ownership — Preservation order for vehicle found unnecessary pending trustee appointment — No basis to examine beneficiaries under oath — Relief dismissed except ETDL appointment
• 2026-09-03 Abdollahpour v. Abdollahpour, 2026 ONSC 5038 (CanLII)
  Mots-clés: Family — Family law proceeding — Costs decision — Trial success on almost all issues — Respondent husband’s claims dismissed — Bad faith throughout proceeding and duplicative civil proceedings — Failure to comply with signed Minutes of Settlement to sell matrimonial home — Costs awarded payable from sale proceeds — Costs awarded
  Procedure — Costs — Bad faith litigation conduct — Whether substantial costs warranted by success and bad faith — Unsubstantiated fraud, forgery, and tort allegations with no evidence — Multiple complaints to Law Society regarding counsel — Litigation unduly prolonged and court appearances multiplied — All-inclusive costs award — Costs awarded
  Procedure — Offers to settle — Cost consequences — Offer to settle made by Applicant wife — Whether offer ought to have been accepted — Better outcome for Respondent husband than proceeding to trial — Settlement position considered in fixing costs — Costs fixed at all-inclusive amount — Costs awarded
  Procedure — Assessment of costs — Reasonableness of fees — Review of detailed Bill of Costs — Legal fees found quite reasonable in the circumstances — Whether to award costs for work completed during initial stages — Initial steps necessary and neither party moved matter forward until later — Costs reduced for early stage work — Costs awarded
  Property — Matrimonial home — Sale proceeds and payment out — Whether costs and HST-related payment are to be paid from Respondent husband’s 50% share of net proceeds — Clarification that ordered HST amount is from his share, not joint proceeds — Real estate lawyer holding funds in trust may pay out without husband’s consent — Payment directions confirmed

Cour divisionnaire - Décisions récentes

• 2026-09-04 Mylvganam v. Davani Holdings, 2026 ONSC 5052 (CanLII)
  Mots-clés: Lease and tenancy — Residential tenancies — Landlord and Tenant Board — Consent order terminating tenancy and requiring tenant to vacate — Motion for leave to appeal required under Courts of Justice Act, s. 133(a) — Tenant alleges representative lacked authorization to consent — Extension of time to seek leave refused and interim stay set aside
  Procedure — Extension of time — Leave to appeal — Factors for extending time to appeal considered (Enbridge Gas Distribution Inc. v. Froese, Rizzi v. Mavros) — Whether motion has merit as a prerequisite to extension — Court begins with merits and declines to consider other factors — Extension of time motion dismissed
  Administrative law — Appellate review of tribunal orders — Questions of law only — Residential Tenancies Act, 2006, s. 210(1) restricts appeals from LTB to questions of law — Whether proposed appeal identifies an error of law — Dispute framed as factual disagreement about consent instructions — No question of law raised — Leave appeal not viable
  Statutory interpretation — Jurisdictional limits — Questions of fact versus law — Whether disputed consent authorization can constitute a question of law under Residential Tenancies Act, 2006, s. 210(1) — Court treats authorization to consent as a question of fact (Li v. Gibson) — Validity of consent does not raise a question of law here — Proposed appeal lacks merit
  Procedure — Stay — Interim relief pending leave motion — Motion seeks interim stay of LTB consent order pending motion for leave to appeal — Effect of dismissing extension motion on stay request — Stay motion becomes moot once extension denied — Prior interim stay set aside — Stay refused
• 2026-09-02 Armstrong v. Ontario Review Board, 2026 ONSC 4963 (CanLII)
  Mots-clés: Administrative law — Judicial review — Alternative remedy — Whether statutory appeal under Criminal Code, s. 672.72 is the primary and proper route — Judicial review said to be duplicative of pending Court of Appeal proceeding — Court of Appeal able to provide any relief available on judicial review — Application dismissed
  Procedure — Rules of Civil Procedure — Rule 2.1.01 — Abuse of process — Whether application is frivolous, vexatious or an abuse of process on its face — Duplicative proceeding where same ORB decisions challenged by statutory appeal — Saskatchewan (Environment) v. Métis Nation - Saskatchewan applied — Application dismissed
  Constitution — Charter — Declaratory relief — Constitution Act, 1982, s. 52(1) — Whether judicial review is needed for Charter and s. 52(1) declarations — Court of Appeal can grant any relief available from Divisional Court — Alleged Charter violations pleaded in both proceedings — Application dismissed
  Rights and freedoms — Charter — Liberty and expeditious hearing — Whether urgency and liberty interest justify parallel judicial review — Criminal Code, s. 672.72(3) requires appeal heard “as soon as practicable” — Interlocutory suspension relief available under Criminal Code, ss. 672.75, 672.76 — Application dismissed
• 2026-09-02 Rosemond v. Tarion Warranty Corporation, 2026 ONSC 5010 (CanLII)
  Mots-clés: Construction — New home warranties — Elevator defects — Ontario New Home Warranties Plan Act, ss. 13, 14 — Elevator alleged inoperable and chronically dysfunctional — Whether breach of statutory warranty proven on balance of probabilities — Elevator found operable when maintained and adjusted by technician — Compensation denied — Appeal dismissed
  Procedure — Reasons — Adequacy of reasons on appeal — Whether the Tribunal failed to provide adequate reasons — Functional approach to sufficiency of reasons, meaningful appellate review — Reasons addressing live issues on elevator operability and expert reports — No error of law — Appeal dismissed
  Evidence — Burden of proof — Statutory warranty claim — Whether the Tribunal reversed the burden of proof — Homeowner onus to prove breach of vendor’s warranty under Ontario New Home Warranties Plan Act, s. 13(1) — Tribunal not deciding on an exclusion, no shifting onus — Characterisation rejected — Appeal dismissed
  Construction — Warranty exclusions — Improper maintenance — Ontario New Home Warranties Plan Act, s. 13(2)(f) — Whether defects arose from improper maintenance or warranted defect existed — Competing technician reports and expert testimony weighed — Preventive maintenance discussed as normal operation, not exclusion finding — No palpable and overriding error — Appeal dismissed
  Administrative law — Statutory appeal — Standards of review — Licence Appeal Tribunal Act, 1999, s. 11(1) — Applicability of appellate standards, correctness for questions of law and palpable and overriding error for fact and mixed fact and law — Vavilov and Housen framework applied — No reversible error identified — Appeal dismissed
• 2026-09-01 2668297 Ontario Limited v. Ontario, 2026 ONSC 4966 (CanLII)
  Mots-clés: Administrative law — Judicial review — Reasonableness — Highway Traffic Act, O. Reg. 473/07 revocation of driving instructor and driving school licences — Vavilov reasonableness framework applied to licensing decision — Mixed result on reasonableness across different licence holders — Decision partly quashed and remitted, application partly dismissed
  Administrative law — Licensing — Fit and proper person — O. Reg. 473/07, ss. 10(1)(e)(iv) and 21(1)(f) — Whether revocation could rest on corporate receipt of an improper payment — No evidence of knowledge of falsification identified — Reasons found unjustified, internally incoherent and unintelligible — Revocation quashed and remitted
  Statutory interpretation — Regulations — Related entities — O. Reg. 473/07, s. 18(2)(5) “controlled, directly or indirectly, or managed by the same person” — Whether common control and management was established on the record — Application form answer and shared address assessed — Conclusion unsupported and unexplained — Finding unreasonable, revocation quashed and remitted
  Administrative law — Sanctions — Proportionality — Whether revocation was unreasonable and disproportionate for deliberate falsification of a BDE certificate — Consideration of past record and alternative remedies — Reliance on Medhizadah (Div. Ct.) regarding integrity of program — Deference to Minister’s Delegate on penalty — Revocation upheld, application dismissed
  Procedure — Procedural fairness — Hearing format — Whether an oral hearing was required and whether applicants had to respond to refund cheque assertion — Baker factors applied, written submissions contemplated by O. Reg. 473/07, s. 35(4) — Refund cheque point treated as immaterial — No breach of procedural fairness — Fairness challenge dismissed
• 2026-09-01 Da Silva v. Kutterer, 2026 ONSC 5015 (CanLII)
  Mots-clés: Lease and tenancy — Residential Tenancies Act proceedings — Notice of termination for landlord’s own use — Bad faith termination under Residential Tenancies Act, 2006, s. 57 — Whether landlords occupied the premises as stated — Renovations and sale instead of occupancy considered — Compensation ordered by Landlord and Tenant Board upheld — Appeal dismissed
  Procedure — Procedural fairness — Participation at hearing — Whether co-owner landlord was wrongly denied an opportunity to participate — Transcript showing co-owner attended as “support” and agreed not to speak — No indication she wished to give evidence — No breach of procedural fairness found — Appeal dismissed
  Procedure — Procedural fairness — Conduct of cross-examination — Whether adjudicator treated parties unevenly by curtailing one party’s cross-examination — Complaint said to be not borne out by the record — No demonstrated unfairness in hearing management — No procedural fairness breach established — Appeal dismissed
  Procedure — Appeals — Jurisdiction and standard of review — Residential Tenancies Act, 2006, s. 210(1) limiting appeal to questions of law — Whether grounds amounted to challenges to findings of fact, credibility, and weight — Findings said to be open on the record — No error of law warranting intervention — Appeal dismissed
  Evidence — Documentary evidence — Weight and independence — Whether “owner occupied” insurance policy and address documents were independent evidence of occupancy — Adjudicator finding information controlled by landlords and could be provided to businesses — No error of law in giving no weight — Appeal dismissed