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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

• 2025-12-05 R. v. Padolina, 2025 ONSC 6830 (CanLII)
  Mots-clés: Evidence — Charter s. 24(2) — Exclusion of evidence — Whether trial judge erred in admitting breath samples after breaches of ss. 8 and 9 — First branch of R. v. Grant, seriousness of state conduct — Reliability and importance of breath readings considered — Administration of justice not brought into disrepute — Appeal dismissed
  Rights and freedoms — Charter ss. 8, 9, 24(2) — Good faith — Can good faith be found where officer misunderstood the legal authority for an ASD demand — Guidance from R. v. Tim on ignorance of authority — Overall conduct, absence of bad faith and systemic failings weighed — First Grant factor found at low end — Evidence admitted
  Procedure — Appeals — Standard of review — What is the appellate standard for s. 24(2) determinations — Deference absent error in principle, palpable and overriding error, or unreasonableness — R. v. McGuffie cited and applied — Trial judge’s application of Grant owed deference — Appeal dismissed
• 2025-12-04 Kaur v. Dhaliwal et al., 2025 ONSC 6784 (CanLII)
  Mots-clés: Procedure — Service of originating process — Alternative to personal service — Was service of the Statement of Claim valid under rule 16.03(5) of the Rules of Civil Procedure? — Delivery to an adult household member and mailing to the residence — Evidence of non service not credible — Service compliant with rule 16.03(5) — Challenge to service rejected — Stay motion dismissed
  Procedure — Stays and injunctions — RJR - MacDonald test — Should a stay of the eviction be granted applying RJR - MacDonald Inc. v. Canada and Google v. Equustek? — Serious issue to be tried not shown — Economic hardship not a legal excuse — Just and equitable relief not warranted — Stay of eviction refused
  Procedure — Irreparable harm — Eviction from matrimonial home — Does eviction constitute irreparable harm in mortgage enforcement? — National Bank v. Guibord and KLN Holdings v. Grant followed — Harm compensable in damages if defendants ultimately succeed — Irreparable harm not established — Stay refused
  Procedure — Costs — Costs discretion on motion — Should contractual full indemnity costs govern where the court fixes costs? — Mortgage entitled the plaintiff to full indemnity costs — Court fixes costs at a lower all inclusive amount payable within 30 days — Costs fixed
• 2025-12-04 Ko v. Li, 2025 ONSC 6785 (CanLII)
  Mots-clés: Procedure — Summary criminal contempt — Fair process and show cause — Proper procedure to ensure a fair summary criminal contempt process in the face of the court — Notice to show cause and rights to counsel and silence — Standard of proof beyond a reasonable doubt — R. v. Cohn and R. v. K. (B.) applied — Further case conference directed
  Procedure — Case management — Appointment of amicus — Should amicus curiae be appointed and funded to assist the court in a contempt proceeding? — Assistance to ensure principled and fair manner — Scope includes advice on purging and sentencing — Funding terms through Legal Aid Ontario set — Amicus appointed and funded
  Criminal and statutory offences — Contempt of court — Purging contempt — Can the contemnor’s admissions and apologies purge criminal contempt and obviate further hearing? — Concept of purging following prior attempt to purge addressed — Fair process requires evidence and cross‑examination before finding — No finding of contempt yet
  Criminal and statutory offences — Contempt in the face of the court — Elements and carriage — Do alleged misrepresentations by counsel constitute criminal contempt in the face of the court and should the Crown take carriage? — Actus reus and mens rea per R. v. DaFonte — Crown asserts indifference akin to recklessness — Crown takes carriage
• 2025-12-04 2498623 Ontario Inc. v. Macsai, 2025 ONSC 6801 (CanLII)
  Mots-clés: Procedure — Striking pleadings — Failure to answer undertakings — Whether defence should be struck for non-compliance with undertakings and an interlocutory order — Rules of Civil Procedure, rr. 34.15(1)(b), 60.12 considered — Striking a defence as remedy of last resort — Non-compliance not so flagrant or wilful — Motion to strike defence refused
  Procedure — Summary judgment — No genuine issue for trial — Whether summary judgment appropriate on evidentiary record — Hryniak v. Mauldin applied — Bald assertions insufficient, best foot forward required — Simplified procedure and prohibition on trial by ambush emphasised — Record permits findings and application of law — Summary judgment granted
  Contracts — Construction contract — Fixed price agreement — Entitlement to unpaid balance under fixed price contract — No contractual deadline established for completion — Alleged lost crop yield unparticularised and unsupported — Delays attributed to grading and electrical work — Final invoice rendered and unpaid — Claim proven on motion record — Damages awarded
• 2025-12-04 Stenton v. Estate of El Rifai, 2025 ONSC 6806 (CanLII)
  Mots-clés: Insurance — Motor vehicle insurance — OPCF underinsured coverage — Apportionment of plaintiffs’ costs between primary automobile liability insurer and OPCF underinsurer after settlement — Underinsurer driving litigation after tender — Concern over free ride addressed in Burns v. Hedge and Riddoch — Allocation reflecting respective roles and exposure — Costs apportioned approximately two thirds to OPCF insurer and one third to primary insurer — Costs apportioned
  Procedure — Costs — Discretion — Courts of Justice Act, s. 131(1), and Rule 57.01 — Which factors govern allocation of plaintiffs’ costs across litigation stages — Apportionment of liability and conduct affecting duration emphasised — Limited weight to defence counsel time — Stage-based blueprint applied without strict mathematics — Outcomes aligned with equitable, reasonable behaviour — Costs apportioned
  Insurance — Motor vehicle insurance — Policy limits tender — Whether early conditional tender of primary insurer’s limits shifts responsibility for later plaintiffs’ costs to OPCF underinsurer — Primary insurer’s ongoing duty to defend recognised — Underinsurer led discoveries, surveillance, medical examinations and mediation — Later-stage costs shifted to underinsurer — Stage IV costs entirely to OPCF insurer — Costs apportioned

Cour divisionnaire - Décisions récentes

• 2025-12-05 Jivraj v. Namarwa, 2025 ONSC 6674 (CanLII)
  Mots-clés: inclusive — writing — motion — leave — dismissed
• 2025-12-05 City of Toronto v. Korkmaz, 2025 ONSC 6675 (CanLII)
  Mots-clés: reserved — fixed — writing — panel — motion
• 2025-12-05 Clouthier v. Co-Operators General Insurance, 2025 ONSC 6798 (CanLII)
  Mots-clés: Insurance — Automobile insurance — Statutory accident benefits — Entitlement to non-earner benefits before OCF-3 submission — Whether failure to submit disability certificate bars retroactive specified benefits — Interaction between s. 12 non-earner benefit and s. 36(3) — Consumer protection purpose of SABS considered — Matter remitted to determine reasonable explanation under s. 34 — Appeal allowed
  Statutory interpretation — Regulations — SABS Part VIII — Does s. 34 apply to s. 36(3) disentitlement period? — Meaning of time limit in context of coverage period — Modern principle applied, absurdity avoided, consumer protection emphasised — Authorities considered including Tomec, Rizzo, Vavilov — Section 34 construed as safety valve — Appeal allowed
  Administrative law — Tribunals — Licence Appeal Tribunal — Did Tribunal err by failing to consider s. 34? — Error of law on statutory appeal reviewed for correctness — Question of law of significant importance — Decision set aside and rehearing before different adjudicator ordered — Appeal allowed
• 2025-12-04 Royal LePage RCR Realty Brokerage v. Human Rights Tribunal of Ontario, 2025 ONSC 6778 (CanLII)
  Mots-clés: Procedure — Costs — Judicial review — Whether no costs should be ordered on the judicial review application — Matter remitted back to the Human Rights Tribunal of Ontario for a hearing — Applicant to pay costs thrown away, inclusive of HST and disbursements — Payment to be made within a set time — Costs ordered as agreed
  Procedure — Courts — Endorsements — Counsel submitted an agreement on costs — Whether to endorse the parties’ agreement on costs and set payment terms — No costs to either party on the judicial review application — Order accordingly by the Divisional Court — Costs ordered as agreed
• 2025-12-04 Silantyeva v. Sidorov, 2025 ONSC 6807 (CanLII)
  Mots-clés: Procedure — Stays pending appeal — Family order directing sale — Whether a stay of the interim sale order should be granted — Test from RJR-McDonald applied to family property sale context — Interrelated factors considered on a motion for stay pending appeal — Stay pending appeal denied
  Family — Matrimonial home — Partition and sale — Serious issue where interim sale ordered without pleading the Partition Act — Prima facie right to partition or sale and Family Law Rules case management considered — Conflicting authorities distinguished, threshold of frivolousness met — Serious issue found
  Procedure — Stays pending appeal — Irreparable harm — Whether harm from sale of matrimonial home is irreparable — Harm quantified monetarily and curable, Ontario v. Shehrazad Non Profit Housing Inc. applied — Absence of evidence of unique property features supporting irreparable harm — Stay denied
  Procedure — Stays pending appeal — Balance of convenience — Competing prejudice assessed between parties — Need to access equity for living expenses weighed against timing of appeal — Motion judge’s finding that sale benefits both parties considered — Balance of convenience favours Respondent — Stay denied