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

Cour supérieure de justice – décisions récentes

• Cineplex v. Cineworld, 2021 ONSC 8016
• Ontario v. Trinity Bible Chapel et al, 2022 ONSC 1344

• 2025-09-04 RBC v. John, 2025 ONSC 5073 (CanLII)
  Mots-clés: Civil procedure — Costs — Discretion of the court — Plaintiff bank awarded costs of $15,000 for motion and action — Should the plaintiff be awarded costs, and if so, in what amount? — Section 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure govern the court’s discretion in awarding costs, considering factors such as success, conduct, and proportionality
  Contracts — Costs — Enhanced costs based on contractual terms — Loan agreements providing for solicitor and his own client costs or solicitor and client costs — Should the court award costs on an elevated scale based on the loan agreements? — Courts defer to contractual terms for enhanced costs unless conduct militates against it — Adelaide Capital Corp. v. Pretoro Developments Inc., Toronto-Dominion Bank v. Berthin applied
  Evidence — Costs submissions — Defendant failed to provide costs submissions — Should the court consider the defendant’s conduct and lack of submissions in determining costs? — Defendant’s conduct, including delays and unsupported arguments, considered in awarding costs — Reasonable expectations of the defendant assessed based on prior submissions and conduct
• 2025-09-04 R. v. Hambleton, 2025 ONSC 5061 (CanLII)
  Mots-clés: Criminal procedure — Appeals — Summary conviction appeals — Reasonable apprehension of bias — Retroactive effect of bias findings — Whether a finding of reasonable apprehension of bias renders all trial decisions void, including acquittals — Supreme Court precedent in R. v. Curragh Inc. considered — Use of “generally” in precedent suggests exceptions — Acquittals not void due to unique circumstances — Crown did not appeal acquittals or raise issue during appeal hearing
  Evidence — Acquittals — Reasonable apprehension of bias — Whether acquittals entered by a trial judge remain valid when no bias was found regarding the Crown — Acquittals upheld as Crown did not appeal them — No jurisdictional concerns raised — Governing principle: acquittals remain in force unless successfully appealed
  Civil procedure — Clarification of rulings — Appeals — Whether a court can clarify its ruling when no formal order has been prepared and signed — Proper procedure involves seeking leave to make further submissions — Court accepted submissions via letters for efficiency — Jurisdiction to clarify exists in absence of a formal order
• 2025-09-03 R. v. Riahi, 2025 ONSC 4957 (CanLII)
  Mots-clés: Criminal infractions — Sentencing — Firearm offences — Loaded prohibited firearm — Overcapacity magazines — Breach of weapons prohibition orders — Aggravating factors include firearm storage, ammunition, and prior prohibition orders — Mitigating factors include rehabilitation potential, remorse, and systemic racism — Appropriate sentence determined under principles of denunciation, deterrence, and rehabilitation — Criminal Code, R.S.C. 1985, c. C-46, ss. 95(1), 92(2), 117.01(1)
  Rights and freedoms — Systemic racism — Anti-Black racism — Impact of systemic factors on moral blameworthiness — Connection between systemic racism and offender's conduct — Mitigation of sentence based on systemic disadvantage — Rehabilitation emphasized over deterrence — Canadian Charter of Rights and Freedoms, s. 15 — Application of R. v. Morris principles
  Constitution — Charter breaches — Sentencing reduction — Section 7 and 8 violations — Excessive use of force during arrest — Unlawful search incident to arrest — Minimal privacy intrusion — Sentence reduction of three months for Charter breaches — Canadian Charter of Rights and Freedoms, ss. 7, 8, 24(2)
  Criminal procedure — Pre-sentence custody — Stringent bail conditions — Enhanced credit for harsh detention conditions — Lockdowns at Toronto South Detention Centre — House arrest bail with GPS monitoring — Application of R. v. Summers and R. v. Downes principles — Credit for pre-sentence custody and bail conditions factored into sentence calculation
• 2025-09-03 Stewart v. Karalis, 2025 ONSC 4977 (CanLII)
  Mots-clés: Family — Domestic contracts — Separation agreements — Failure to disclose significant assets — Respondent failed to disclose the value of his pension, a significant asset, at the time of the agreement — Did the respondent’s non-disclosure justify setting aside the agreement? — Family Law Act, R.S.O. 1990, c. F.3, s. 56(4)(a) — Duty to disclose significant assets and their value
  Family — Domestic contracts — Understanding of agreements — Applicant lacked understanding of equalization of net family property — No independent legal advice received — Did the applicant fail to understand the nature or consequences of the agreement? — Family Law Act, R.S.O. 1990, c. F.3, s. 56(4)(b) — Lack of understanding as grounds to set aside agreements
  Contracts — Duress — Economic duress — Applicant signed the agreement under pressure to secure funds for a condo purchase — Respondent conditioned mortgage approval on signing the agreement — Was the agreement signed under duress? — Duress vitiating consent under the law of contract
  Family — Domestic contracts — Unconscionability — Inequality of bargaining power — Grossly improvident terms — Applicant waived spousal support and pension claims despite financial vulnerability — Was the agreement unconscionable? — Combination of inequality and improvidence as grounds to set aside agreements
  Family — Domestic contracts — Judicial discretion — Fairness — Multiple grounds to set aside the agreement, including non-disclosure, duress, and unconscionability — Should the court exercise its discretion to set aside the agreement? — Fairness and relevant factors in exercising judicial discretion
• 2025-09-03 Tillger v. Figliano, 2025 ONSC 4990 (CanLII)
  Mots-clés: Civil procedure — Limitation periods — Discoverability — Demand obligations — Plaintiff sought repayment of funds transferred to the defendant, claiming they were loans — Defendant argued the claim was statute-barred — Whether the claim was brought within the two-year limitation period under the Limitations Act, 2002 — Limitation period suspended during COVID-19 pandemic — Claim found to be within limitation period — Limitations Act, 2002, SO 2002, c 24, Sched B
  Estates and trusts — Resulting trust — Presumption of resulting trust — Rebuttal of presumption — Plaintiff transferred funds to the defendant, claiming they were loans — Defendant argued the funds were a gift — Whether the defendant rebutted the presumption of a resulting trust — Evidence of donative intent, corroboration by witnesses, and absence of loan terms — Presumption of resulting trust rebutted — Pecore v Pecore, 2007 SCC 17
  Obligations — Unjust enrichment — Elements of unjust enrichment — Plaintiff claimed unjust enrichment, alleging the defendant was enriched by funds transferred to him — Defendant argued the funds were a gift — Whether there was a juristic reason for the enrichment — Donative intent established — No unjust enrichment found — Kerr v Baranow, 2011 SCC 10
  Obligations — Equitable fraud — Unconscionability — Plaintiff argued it was unconscionable for the defendant to retain funds transferred to him — Defendant argued the funds were a gift — Whether the doctrine of equitable fraud applied — Plaintiff’s financial means and lack of evidence of incapacity considered — No unconscionability found — Performance Industries Ltd. v Sylvan Lake Golf & Tennis Club, 2002 SCC 19

Cour divisionnaire - Décisions récentes

• 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
• 2025-09-04 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
• 2025-09-02 Lyons v. Lyons, 2025 ONSC 4890 (CanLII)
  Mots-clés: writing — motion — leave — dismissed — costs
• 2025-09-02 The Corporation of the City of Windsor v. Kingdom Construction Limited, 2025 ONSC 4891 (CanLII)
  Mots-clés: motion — promptly — leave — request — reserved
• 2025-09-02 Kamil v. Alnoor, 2025 ONSC 4995 (CanLII)
  Mots-clés: awarded — writing — motion — leave — dismissed