Abonnez-vous aux fils de nouvelles RSS afin de consulter les décisions de la Cour supérieure de justice

• 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

• 2025-11-17 Dragancik v. JAAG Properties Inc., 2025 ONSC 6389 (CanLII)
  Mots-clés: Civil procedure — Security for costs — Rule 56.01 — Plaintiff not ordinarily resident in Ontario — Defendants sought security for costs, alleging plaintiff lacked sufficient assets in the jurisdiction — Plaintiff argued impecuniosity and defendants' delay in bringing the motion — Should the plaintiff be required to post security for costs? — Holistic approach to justice under Rule 56.01 — Motion dismissed due to delay, prejudice, and access to justice concerns
  Contracts — Rent-to-own agreements — Breach of contract — Plaintiff alleged defendants unlawfully breached rent-to-own agreement by denying purchase option and evicting plaintiff — Defendants claimed plaintiff defaulted on payments — Do the merits of the plaintiff's claim justify denying security for costs? — Substantial performance doctrine applied — Plaintiff's claim not plainly without merit
• 2025-11-17 Barnett v. Canadian Nuclear Laboratories Ltd., 2025 ONSC 6400 (CanLII)
  Mots-clés: Contracts — Forum selection clause — Employment agreements — Plaintiff's employment contract with AECL included a forum selection clause designating Ontario courts as having exclusive jurisdiction — Does the forum selection clause apply to the dispute with CNL, a successor employer? — Forum selection clause deemed valid and enforceable, binding CNL as a successor employer under principles of assignment or novation
  Civil procedure — Jurisdiction simpliciter — Real and substantial connection — Plaintiff's employment primarily based in Manitoba, but CNL's head office and business operations located in Ontario — Does the Ontario Superior Court of Justice have jurisdiction simpliciter? — Ontario court found to have jurisdiction based on multiple presumptive connecting factors, including CNL's incorporation and business operations in Ontario
  Civil procedure — Forum non conveniens — Strong cause — Defendant argued Manitoba was the more appropriate forum due to location of events and witnesses — Should the Ontario Superior Court decline jurisdiction under the doctrine of forum non conveniens? — Ontario court declined to stay the action, finding no strong cause to displace the forum selection clause or jurisdiction simpliciter
• 2025-11-17 Asajar v. Ali, 2025 ONSC 6388 (CanLII)
  Mots-clés: Civil procedure — Dismissal for delay — Status hearing — Plaintiffs brought a motion for a status hearing under Rule 48.14(6) of the Rules of Civil Procedure — Should the plaintiffs' action be dismissed for delay? — Test for dismissal requires an acceptable explanation for delay and no non-compensable prejudice to defendants — Action allowed to proceed as plaintiffs met the test — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 48.14(6)
  Civil procedure — Delay in litigation — Explanation for delay — Plaintiffs alleged delays caused by counsel transitions, illness, and expert report preparation — Have the plaintiffs provided an acceptable explanation for the delay? — Explanation deemed adequate as delays were explained and plaintiffs demonstrated intent to advance the action — Acceptable explanation need not be perfect — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 48.14(6)
  Civil procedure — Prejudice to defendants — Non-compensable prejudice — Defendants argued fading memories and professional impact of litigation — Would the defendants suffer non-compensable prejudice if the action is allowed to proceed? — No actual prejudice found as medical records, discovery transcripts, and expert reports were preserved — Prejudice must relate to ability to defend, not mere passage of time — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 48.14(6)
  Civil procedure — Costs — Status hearing motion — Plaintiffs successful in opposing dismissal for delay — What is the appropriate cost award for the motion? — Costs fixed at $35,000 on a partial indemnity basis, split equally between physician defendants and hospital defendants — Costs awarded in the cause — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 57.01
• 2025-11-17 Greco v. Jarboh, 2025 ONSC 6391 (CanLII)
  Mots-clés: Contracts — Real estate transactions — Ratification of agreement — Defendant alleged she did not sign the Agreement of Purchase and Sale (APS) but took steps to close the transaction — Did the defendant ratify the APS through her conduct? — Ratification requires clear adoptive acts with full knowledge of essential facts — Defendant found to have ratified the APS by taking steps to close the transaction and failing to repudiate it
  Civil procedure — Summary judgment — Real estate transaction — Plaintiff sought summary judgment for damages arising from a failed real estate transaction — Defendant argued that further evidence might arise from a third-party claim — Should summary judgment be granted? — Summary judgment granted as no genuine issue requiring trial existed, and the third-party claim did not preclude judgment
  Evidence — Affidavit evidence — Adverse inference — Defendant failed to provide affidavit evidence from her husband, who had personal knowledge of key facts — Can adverse inferences be drawn from the absence of such evidence? — Court drew adverse inferences, finding the defendant failed to put her best foot forward in opposing summary judgment
  Sale — Mitigation of damages — Failed real estate transaction — Plaintiff resold the property for $218,000 less than the original purchase price — Defendant alleged failure to mitigate damages — Did the plaintiff adequately mitigate losses? — Plaintiff demonstrated reasonable efforts to mitigate by relisting and negotiating the best possible resale price — Defendant failed to meet the burden of proving failure to mitigate
• 2025-11-17 Berwick v. Berwick et al., 2025 ONSC 6392 (CanLII)
  Mots-clés: Business associations — Corporate governance — Production of records — Applicant and respondent ordered to produce corporate books and records, including bank statements and receipts, for proper adjudication of issues — Whether production of corporate records is necessary for resolving disputes — Ontario Rules of Civil Procedure, R.S.O. 1990, Reg 194 — Court ordered production within 60 days, with ongoing disclosure obligations
  Estates and trusts — Attorney for property — Passing of accounts — Respondent acted as attorney for property under the Substitute Decisions Act, 1992 — Whether respondent must pass accounts for the period of representation — Court ordered respondent to pass accounts under section 42 of the Substitute Decisions Act, 1992 — Substitute Decisions Act, 1992, SO 1992, c 30
  Estates and trusts — Purchase money resulting trust — Ownership of corporate property — Applicant sought declaration of a purchase money resulting trust over real property held by respondent corporation — Whether evidence supported a resulting trust — Court declined to declare a resulting trust due to unresolved credibility issues and insufficient evidence — Nishi v. Rascal Trucking Ltd., 2013 SCC 33 applied
  Business associations — Corporate governance — Removal of director — Applicant sought removal of respondent as officer and director of corporate respondents due to alleged misconduct — Court declined to remove respondent, finding no benefit at this stage given existing orders freezing assets — Whether removal of director was warranted based on evidence of misconduct
  Civil procedure — Applications versus trials — Appropriateness of application process — Court determined that issues raised, including credibility disputes and complex evidence, required a trial for resolution — Whether application process was suitable for resolving the issues — Court directed applicant to bring this conclusion to the attention of subsequent judges

Cour divisionnaire - Décisions récentes

• 2025-11-17 Malekzadeh v. OLRB et al., 2025 ONSC 6323 (CanLII)
  Mots-clés: Administrative law — Procedural fairness — Judicial review — Applicant alleged procedural unfairness in OLRB’s handling of grievances and reconsideration requests — Did the OLRB afford the applicant procedural fairness in its processes? — Baker factors applied to assess procedural fairness — OLRB’s written record process deemed fair and reasonable in the circumstances
  Statutory interpretation — Labour Relations Act — Public Service of Ontario Act — Occupational Health and Safety Act — Applicant alleged improper dismissal of grievances under multiple statutes — Did the OLRB err in interpreting its jurisdiction and statutory provisions? — OLRB found no prima facie breach of statutory provisions — Interpretation upheld as reasonable
  Labour and employment — Duty of fair representation — Union conduct — Applicant alleged CUPE failed to file grievances for post-layoff job applications — Did CUPE breach its duty of fair representation? — OLRB found CUPE acted reasonably, without arbitrariness, discrimination, or bad faith — Decision upheld as reasonable
  Statutory interpretation — Bias — Allegations of bias against OLRB Vice-Chair and tribunal process — Applicant alleged improper conduct and relationships between OLRB and opposing counsel — Did the OLRB err in dismissing claims of bias? — OLRB found no reasonable apprehension of bias or improper conduct — Decision upheld as reasonable
  Civil procedure — Standard of review — Reasonableness — Applicant sought judicial review of OLRB decisions — Should the Divisional Court interfere with the OLRB’s decisions? — Presumptive standard of reasonableness applied per Vavilov — OLRB decisions found reasonable and supported by evidence
• 2025-11-14 Samhadana v. City of Toronto and Toronto Licensing Tribunal, 2025 ONSC 6344 (CanLII)
  Mots-clés: Administrative law — Judicial review — Licensing decisions — Vehicle-for-hire driver's licence — Applicant sought judicial review of Toronto Licensing Tribunal decisions revoking his licence — Preliminary motion for stay of decisions pending review — Should a stay be granted? — Test for granting a stay includes serious issue to be tried, irreparable harm, and balance of convenience — Amalgamated Transit Union, Local 113 v. TTC, 2021 ONSC 7658 applied
  Civil procedure — Motions — Stay of administrative decisions — Applicant failed to establish a serious issue to be tried — Allegations of corruption and misinterpretation of evidence unsupported by proper record — Standard of review for Tribunal decisions is reasonableness — Threshold for serious issue to be tried not met — Yarco Developments Inc. v. Home Construction Regulatory Authority, 2024 ONSC 93 applied
  Evidence — Irreparable harm — Applicant claimed financial loss, eviction, and inability to pay child support — Evidence of harm weak and speculative — Applicant continued to earn income as a delivery driver — Irreparable harm must be clear and supported by evidence — Amalgamated Transit Union, Local 113 v. TTC, 2021 ONSC 7658 applied
  Municipalities — Licensing — Public safety — Balance of convenience — Tribunal found applicant repeatedly harassed by-law officers, used foul language, and obstructed duties — Tribunal provided opportunity for anger management counselling, but applicant failed to demonstrate improvement — Public interest and safety outweighed applicant's financial harm — Yazdanfar v. College of Physicians and Surgeons of Ontario, 2012 ONSC 2422 applied
• 2025-11-14 Abrook v Oakville Trafalgar Memorial Hospital, 2025 ONSC 6114 (CanLII)
  Mots-clés: motion — inclusive — fixed — writing — leave
• 2025-11-14 Kladich v Gomma et al, 2025 ONSC 6147 (CanLII)
  Mots-clés: aka — fixed — motion for leave — amount — costs
• 2025-11-14 Chalmers v. A3 Construction Inc., 2025 ONSC 6238 (CanLII)
  Mots-clés: outlines — costs — awarded — writing — motion