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2730453 Ontario Inc. v. 2380673 Ontario Inc., 2025 ONCA 112
Court of Appeal upheld trial judge’s order to specifically perform oral agreement for the purchase and sale of a 32-acre lot owned by the appellant pursuant to the equitable doctrine of part performance.
Baker v. Blue Cross Life Insurance Company of Canada, 2023 ONCA 842
Court of Appeal upheld a civil jury verdict awarding $1.5 million in punitive damages for breach of a long-term disability insurance contract.
Taylor v Newfoundland and Labrador, 2023 NLCA 22
Court of Appeal declined to exercise its discretion to hear a moot appeal concerning whether a COVID-19 interprovincial travel restriction infringed s 6 of the Charter.
Windsor-Essex Catholic District School Board v. 2313846 Ontario Limited o/a Central Park Athletics, 2022 ONCA 235
Court of Appeal upheld the application judge’s interpretation of a force majeure clause in a commercial lease.
Poirier v. Logan, 2022 ONCA 350
Court of Appeal upheld application judge’s order of a permanent stay of proceedings. In multi-party litigation, a partial settlement agreement that changes the adversarial orientation of the litigation must immediately be disclosed to the non-settling parties. Failure to do so is an abuse of process, which automatically results in a permanent stay.
Toronto-Dominion Bank v. Overland R.N.C. Inc., 2022 ONCA 447
Creditors and debtors; guarantees and indemnities. The motion judge committed a palpable and overriding error by finding that the appellant’s email did not constitute clear and unequivocal notice that the appellants were no longer willing to be liable under the guarantee.
Stevenhaagen Estate v. Kingston General Hospital, 2022 ONCA 560
Medical malpractice; breach of the standard of care; causation. Court of appeal upheld trial judge’s decision that appellant doctors breached the standard of care by not immediately moving the respondent patient into the operating room; this delay caused the respondent’s catastrophic injuries.
1027410 Ontario Inc. v. 2384589 Ontario Limited, 2022 ONCA 688
Court of Appeal upheld trial judge’s award of compensatory and punitive damages against appellant for illegally converting chattels. The appropriate damage award was the fair market value of chattels at the time of their conversion
Cavanaugh v. Grenville Christian College, 2021 ONCA 755
Appeal of judgment following common issues trial in class proceeding. Court of appeal upheld judgment and award of punitive damages in favour of class of students subjected to emotional harm by systemic negligence at a boarding school
1388020 Ontario Corp. v. Machnowski, 2021 ONCA 806
Appeal of summary judgment enforcing minutes of settlement dismissed. The minutes provided that payment of settlement funds was contingent on the respondent’s production of business records. The appellant refused to advance the settlement funds on the basis that the productions were not sufficient.
MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 837
Appellant awarded partial indemnity costs and disbursements in the amount of $561,103.95.
Canadian Security Intelligence Services Act (CA) (Re), 2021 FCA 165
Statutory interpretation. The words “within Canada” in s 16(1) of the Canadian Security Intelligence Service Act mean that CSIS cannot collect information or intelligence relating to foreign states or persons, from within Canada, when that information is located outside Canada.
Dembo v. Hannas, 2020 ONCA 564
Court of Appeal upheld order of motion judge declaring that a separation agreement was binding pursuant to sections 54 and 55 of the Family Law Act.
Sokoloff v. Tru-Path Occupational Therapy Services Ltd., 2020 ONCA 730
Court of Appeal upheld dismissal of motion to dismiss defamation action under s. 137.1 of the Courts of Justice Act, Ontario’s anti-SLAPP (Strategic Litigation Against Public Participation) provision.
Welsh v. Ontario 2020 ONCA 210
Court of Appeal confirmed that the plain language of 10)2 of Class Proceeding Fund O. Reg. 771/92 pf L.S.O. 1990, supports calculation of levy on entire settlement funds to which the class is entitled regardless of whether members chose to take up their entitlement.
Champion Products Corp. v. Intact Insurance Company, 2020 ONCA 111
Did the defendant insurance company waive the plaintiffs’ forfeiture of its rights when it did not purchase a replacement property within the timeframe allotted in a settlement agreement? Was the plaintiff otherwise entitled to relief from forfeiture?
Vivekanandan v. Terzian, 2020 ONCA 110
Did a proposed easement over a portion of a driveway reasonably accommodate the dominant tenement? Was the true owner’s periodic entry into enclosed land sufficient to defeat an adverse possession claim?
Little v. Floyd Sinton Limited, 2019 ONCA 865
Jury instructions on causation and apportionment of responsibility in personal injury trial and whether an incapable minor had a duty to mitigate damages by seeking psychological treatment.
MacLeod v. Marshall, 2019 ONCA 842
Applicable standard of proof for loss of earning capacity and whether 500K in punitive damages was a reasonable award for historical sexual abuse.
Cassandro v. Glass, 2019 ONCA 654
Whether the ancient common law right of distress damage feasant entitled a commercial landlord to distrain his tenant’s commercial equipment and, if not, whether the tenant proved his claim for loss of income as a result of the illegal distraint.
S.H. v. D.H., 2019 ONCA 454
On divorce, which former spouse has the right to an in vitro embryo that neither ex-spouse contributed genetic material to?
Das v. George Weston Limited, 2018 ONCA 1053
Perell J. awarded the defendants costs of about $2.3 m in dismissing the class action. Court of Appeal reduced these costs by 30% because judge failed to appreciate the public interest component of the claim.
Sandhu v. Sikh Lehar International Organization, 2018 ONCA 866
Court of Appeal confirms trial judgment that defendants are liable for $1,755,000 qua loan plus interest.
Reciprocal Opportunities Incorporated v. Sikh Lehar International Organization, 2018 ONCA 713
Court of Appeal finds motions judge erred in exercising his discretion by misapplying the second “Soundair” duty. New motion directed.
Schnarr v. Blue Mountain Resorts Limited, 2018 ONCA 313
Skier buys lift ticket and executes a waiver of liability which offends the Consumer Protection Act, 2002 S.O. but not the Occupiers’ Liability Act R.S.O. 2000. Statutes are irreconcilable and in conflict. O.L.A. R.S.O. 2000 prevails.
Dunk v. Kremer, 2018 ONCA 274
Court of Appeal upheld the trial judge’s determination not to declare a mistrial where plaintiff’s counsel’s address was inflammatory and she delivered a strong correcting charge.
Willowbrook Nurseries Inc. v. Royal Bank of Canada, 2018 ONCA 21
Court awards costs to successful party of $20,000.
Jarbeau v Mclean, 2017 ONCA 115
Value of realty diminished and repair or replacement.
Hodge v Neinstein, 2017 ONCA 494
Proposed class proceeding against law firm for breach of s. 28.1 of the solicitors act.
Belanger v Sudbury (Regional Municipality), 2017 ONCA 428
Municipal liability for highway maintenance and operation.
TMS Lighting Ltd v KJS Transport Inc., 2017 ONCA 427
Appeal from assessment of damages for nuisance and trespass.
Cannon v Cemcor Apartments Inc., 2017 ONCA 378
Reasonable apprehension of bias.
Sankar v Bell Mobility Inc., 2017 ONCA 295
Consumer agreements.
Chapman v GPM Investment Management, 2017 ONCA 227
Constructive dismissal.
495793 Ontario Ltd. v Barclay, 2016 ONCA 656
Negligent investigation.
Mancinelli v Barrick, 2016 ONCA 571
Carriage dispute in a class action.
Best v Ranking, 2016 ONCA 492
Costs against solicitor personally.
Fleming v Massey, 2016 ONCA 70
Workers compensation and waiver of liability.
Ferri v Ontario (Attorney General), 2015 ONCA 683
Conflict of interest.
Shantry v Thompson (appeal by Warbeck), 2015 ONCA 395
Administration and prescription of drugs.
Westerhof v Gee Estate, 2015 ONCA 206
Expert evidence.
Parsons v Ontario, 2015 ONCA 158
Motion for directions that motion judge could sit outside Ontario with other supervisory judges.
Waldman v Thomson Reuters Canada Ltd., 2015 ONCA 53
Appeal of refusal to approve settlement of class action.
Meady v Greyhound Canada Transportation Corp., 2015 ONCA 6
Exclusion of expert evidence.
Stilwell v World Kitchen Inc., 2014 ONCA 770
Product liability – limitation of actions.
Mangal v William Osler Health Centre, 2014 ONCA 639
Failure to diagnose.
Fernandes v Penncorp Life Insurance Co., 2014 ONCA 615
Insurer duty of good faith.
Foulidis v Ford, 2014 ONCA 529
What constitutes defamatory words.
Mandeville v The Manufacturers Life Insurance Company, 2014 ONCA 417
Duty of care and defendant transferred Barbados participating policies to another life insurer three years before it demutualized and distributed $9 billion in value to its participating policyholders.
McCreight v Canada (Attorney General), 2013 ONCA 483
Striking claim for abuse of process.
Lo Faso v Ferracuti Estate, 2013 ONCA 123
Property of bankrupt.
3574423 Canada Inc. v Baton Rouge Restaurants Inc., 2013 ONCA 39
Franchise law and disclosure requirements.
Brisco Estate v Canadian Premier Life Insurance Co., 2012 ONCA 854
Evidence and corroboration and section 13 of the Ontario Evidence Act.
Locking v Armtec Infrastructure Inc., 2012 ONCA 774
Stay of action due to parallel proceeding.
Hammond v State Farm Mutual Automobile Insurance Co., 2012 ONCA 704
Limitation periods.
Pouget v Saint Elizabeth Health Care, 2012 ONCA 461
Striking out pleadings or allegations.
Greenhalgh v Douro-Dummer (Township), 2012 ONCA 299
Action against municipality respecting roadway maintenance and operation.
MacGregor v Potts, 2012 ONCA 226
Negligence and standard of care and emergencies and causation.
Gutbir (Litigation guardian of) v University Health Network, 2012 ONCA 66
Standard of care.
Kusnierz v Economical Mutual Insurance Company, 2011 ONCA 823
Automobile insurance and statutory accident benefits and catastrophic impairment.
York (Regional Municipality) v Martin Grove Properties Ltd., 2011 ONCA 711
Action by municipality.
Sutherland v Singh, 2011 ONCA 470
Automobile insurance and statutory accident benefits.
Carom v Bre-X Minerals Ltd., 46 OR (3d) 315 (ONSC), 2011 ONCA 392
Certification and common issues.
Colautti Construction Ltd. v Ashcroft, 2011 ONCA 359
Progress and interim payments.
Degennaro v Oakville Trafalger Memorial Hospital, 2011 ONCA 319
Physical and psychological injuries and fibromyalgia or chronic pain.
Lawless v Anderson, 2011 ONCA 102
Limitation period and discoverability and plaintiff underwent breast augmentation surgery.
Vuong (Litigation guardian of) v Morton, 2010 ONCA 638
Standard of care.
Groen v Harris, 2010 ONCA 621
Right to jury trial.
Dufresne v Bartol, 2010 ONCA 430
Practitioner liability and standard of care.
Med-Chem Health Care Limited v Misir, 2010 ONCA 380
Action by corporation against former directors for breach of duty owed to corporation.
Expedition Helicopters Inc. v Honeywell Inc., 2010 ONCA 351
Conflict of laws and forum selection clause.
Fowler v Fowler, 2010 ONCA 328
Maintenance and support.
Rosenhek v Windsor Regional Hospital, 2010 ONCA 13
Employer breach of fiduciary duty.
Trajkovich v Ontario (Minister of Natural Resources), 2009 ONCA 898
Causation and action for injuries sustained while swimming in a park owned by the respondents.
Chainauskas Estate v Reed, 2009 ONCA 572
Reasonable apprehension of bias.
Schouten v Rideau (Township), 2009 ONCA 541
Causation and dangerous situations.
Seip & Associates Inc. v Emmanuel Village Management Inc., 2009 ONCA 222
Novation and substitution of party.
Fisher v Atack, 2008 ONCA 759
Hospitals and health care facilities and vicarious liability of nurses.
Chapman v Bank of Nova Scotia, 2008 ONCA 769
Remuneration.
Paxton v Ramji, 2008 ONCA 697
Duty of care to unborn child and doctor prescribing drug to patient on understanding that patient could not become pregnant.
Jones v Niklaus, 2008 ONCA 504
Contributory negligence and motor vehicle accident.
Johnson v Milton (Town), 2008 ONCA 440
Expert evidence.
Magnussen Furniture Inc. v Mylex Ltd., 2008 ONCA 186
Damages for breach of contract and negligence.
Bovingdon (Litigation guardian of) v Hergott, 2008 ONCA 2
Doctor prescribing fertility drugs does not owe duty of care to prematurely born twins.
Cassano v Toronto-Dominion Bank, 2007 ONCA 781
Common issues and damages.
Gardiner Miller Arnold LLP v Kymbo International Inc., 2007 ONCA 648
Barristers and solicitors and actions against clients.
Pool v Lehoux, 2007 ONCA 630
Loss of earning capacity.
Rando Drugs Ltd. v Scott, 2007 ONCA 553
Allegation of judicial bias.
McIntee v Cheung, 2007 ONCA 208
Liability of driver.
Walford v Jacuzzi Canada Ltd., 2007 ONCA 729
Causation.
Hemosol Corp. (Re), 2007 ONCA 124
CCAA enforcement of memorandum of agreement.
Ristimaki v Cooper, [2006] OJ No 1559 (ONCA)
Barrister and solicitor negligence and standard of care.
Bensuro Holdings Inc. v Avenor Inc., [2004] OJ No 4875 (ONCA)
Reduction of damages for breach of contract.
Windsor (City) v MFP Financial Services Ltd., [2004] OJ No 4877
Evidence and litigation privilege.
Crawford (Litigation guardian of) v Penney, [2004] OJ No 3669 (ONCA)
Standard of care.
Ouellette v Hearst (Town), [2004] OJ No 1120 (ONCA)
Claims against municipality and s. 284(3) of the municipal act.
Caza v Kirkland and District Hospital, [2003] OJ No 2438
Appeal related to the sufficiency of evidence supporting the finding of causation.
Fraczek v Pascual, [2003] OJ No 1402 (ONCA)
Automobile insurance.
Chadha v Bayer Inc., [2003] 63 OR (3d) 22 (ONCA)
Certification and price fixing affecting concrete brick and paving stones used in construction of homes.
Montemarano v Tri-Lake Carpentry Ltd. [2002] OJ No 2322 (ONCA)
Breach of contract.
952304 Ontario Ltd. v RTO Enterprises Inc., [2001] OJ No 2435
Mistake of fact.
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Carom v Bre-X Minerals Ltd, [2000] OJ No 4041 (ONCA)
Certification and common issues and preferable procedure.
Yorkwood Homes (Georgetown) Inc. v Law Development Group Georgetown (No. 2) Ltd., [1999] 45 OR (3d) 257 (ONCA)
Agreement for purchase of lots in plan of subdivision and draft plan approval.
General Accident Assurance Co v Chrusz, [1999] OJ No 3291 (ONCA)
Evidence solicitor client privilege and litigation privilege and common interest privilege.
National Bank of Canada v Royal Bank of Canada (1999), 44 OR (3d) 533 (ONCA)
Default judgment under Rule 19 of the Rules of Civil Procedure.
Lumen, A Division of Sonepar Distribution Inc. v Premier Electric Inc., [1998] OJ No 373 (ONCA)
Grounds to set aside a settlement agreement.
Reynolds v Innopac Inc., [1992] OJ No 2041, 37 OR (3d) 577 (ONCA)
Wrongful dismissal and constructive dismissal.
Mettko Construction Ltd. v. The Corporation of the Township of Oro-Medonte, 2022 ONSC 5529 (Div. Ct.)
Motion for leave to appeal to the Divisional Court dismissed with costs.
Nirmalendran et al. v. T.E.C. Leaseholds Limited et al., 2021 ONSC 6823 (Div. Ct.)
Civil procedure. Jurisdiction of case conference judge under r 50.13 to make orders involving the summary judgment powers should be exercised sparingly. The case conference judge erred by limiting cross-examination, and did not sufficiently consider the absence of evidence at the case conference, the complexity of the dispute, and issues relating to the right to a trial by jury and bifurcation.
1157391 Ontario Inc. o/a Ant Construction v. Ortiz, 2021 ONSC 4623 (Div Ct)
Motion for leave to appeal costs order dismissed
Nirmalendram v. Husbands, 2021 ONSC 1518 (Div Ct)
Civil procedure; summary judgment powers of case management judge (motion for leave to appeal to the Divisional Court allowed).
Yan v. Law Society of Ontario, 2019 ONSC 5036
Divisional Court dismissed a motion to judicially review a decision of the L.S.O. to close the applicant’s complaint against the L.S.O. Read more.
North American Financial Group Inc. v. Ontario Securities Commission, 2018 ONSC 136
Appeal to Divisional Court from O.S.C. findings of securities fraud and sanctions were unreasonable dismissed. Read more.
Serhan (Trustee of) v Johnson & Johnson, [2006] OJ No 2421 (Div Ct)
Waiver of tort. Read more.
Mississauga (City) v Britannia North Holdings Inc., [1999] OJ No 4672 (Div Ct)
Land use control and subdivision plan. Read more.
Montreal Trust Co. of Canada v Olympia & York Developments (Administrator of), [1998] OJ No 1958 (Div Ct)
Mortgage action.
Przysuski v College of Opticians of Ontario, [1996] OJ No 611 (Div Ct)
Opthalmic dispensers act. Read more.
Andersen Estate v Metropolitan Life Insurance Co of Canada, [1994] OJ No 832 (Div Ct)
Interpretation of life insurance policy. Read more.
Clarfield v Manley, [1993] OJ No 878 (Div Ct)
Shareholders rights and winding-up order.
Applied System Technologies, Inc. v Sysnet computer Systems, Inc. [1991] OJ No 2267 (Div Ct)
Trade secrets and unauthorized use of confidential information.
Canadian Civil Liberties Association, et al. v. His Majesty the King in Right of Newfoundland and Labrador, et al., [2024] CanLII 35287 SCC
Mobility rights under s 6 of the Charter; COVID interprovincial travel restrictions (application for leave to appeal to the Supreme Court of Canada granted).
Continental Currency Exchange Canada Inc., et al. v. Eric Sprott, et al., 2023 CanLII 79348 (SCC)
Civil procedure; abuse of process; access to privileged information; stay of proceedings. (Application for leave to appeal to the Supreme Court of Canada dismissed.)
MDS Inc., et al. v. Factory Mutual Insurance Company C.O.B. FM Global, 2022 CanLII 23899 (SCC)
Contract law; Insurance law (application for leave to appeal to the Supreme Court of Canada dismissed).
Roger Poirier v. Jeremy Logan, et al., 2022 CanLII 115635 (SCC)
Civil procedure; disclosure of settlements in multi-party litigation; abuse of process; stay of proceedings (leave to appeal to the Supreme Court of Canada dismissed).
Basilian Fathers of Toronto v. Roderick MacLeod, 2020 CanLII 30830 (SCC)
Historic sexual abuse; proof for loss of earning capacity; punitive damages (application for leave to appeal to the Supreme Court of Canada dismissed)
Champion Products Corp., et al. v. Intact Insurance Company, formerly AXA Insurance (Canada), et al., 2020 CanLII 48928 (SCC)
Insurance law; relief from forfeiture (application for leave to appeal to the Supreme Court of Canada dismissed).
Schnarr v Blue Mountain Resorts Ltd., [2018] SCCA No 187, [2018] ONCA 313
Commercial law and consumer agreements and waiver of rights and remedies. Read more.
Sacks v Ross, [2017] SCCA No 491
Medical negligence and causation and jury questions. Read more.
Hamilton (City) v Saumur (Litigation Guardian of), [2017] SCCA No 24
Tort of negligence and contributory negligence in motor vehicle accident. Read more.
Endean v. British Columbia, 2016 SCC 42
Whether superior court judges from three different provinces supervising implementation of pan‑national class action settlement have the power to sit together, outside their home provinces.
Slansky v Kingsland Estates Ltd., 2016 ONCA 492, [2016] SCCA No 372
Civil procedure-costs made personally payable by solicitor. Read more.
Baker v McCallum, 2015 ONCA 2016, [2015] SCCA No 201
Expert evidence. Read more.
Massey v Fleming, 2016 ONCA 70, [2016] SCCA No 113
Employment law and workplace safety. Read more.
Moore v Getahun, 2015 ONCA 55, [2015] SCCA No 199
Evidence preparation and use of expert reports. Read more.
Mandeville v Manufacturers Life Insurance Co., 2014 ONCA 417, [2014] SCCA No 390
Municipal law interpretation of Building Code Act. Read more.
Scugog (Corporation of the Township) v Deering, 2012 ONCA 386, [2012] SCCA No 372
Liabilities of municipality respecting highway repair. Read more.
Scherbak v Krawchuk, [2011] SCCA No 319
Negligence of real estate agent representing both vendor and purchaser. Read more.
Expedition Helicopters Inc. v Honeywell Inc., 2010 ONCA 351, [2010] SCCA No 258
Private international law. Read more.
Rideau (Township) v Schouten, 2009 ONCA 541; [2009] SCCA No 412
Standard of care applicable to volunteer firefighters. Read more.
Cruz (Litigation Guardian of) v Robins, 2008 ONCA 53,[2008] SCCA No 120
Medical practitioner negligence and informed consent. Read more.
Mustapha v Culligan of Canada Ltd., 2008 SCC 27
Negligence and duty of care and foreseeability respecting mental injury. Read more.
Scott v Blacher, 2007 ONCA 553, [2007] SCCA No 494
Judicial bias. Read more.
Hergott v Bovingdon, 2008 ONCA 2, [2008] SCCA No 92
Medical malpractice and failure to provide necessary information. Read more.
Pioneer Family Pools (Hamilton) Inc. v Walford, 2007 ONCA 729, [2007] SCCA No 599
Negligence and standard of care. Read more.
Taylor v Newfoundland and Labrador, 2023 NLCA 22
Court of Appeal declined to exercise its discretion to hear a moot appeal concerning whether a COVID-19 interprovincial travel restriction infringed s 6 of the Charter.
Canadian Security Intelligence Services Act (CA) (Re), 2021 FCA 165
Statutory interpretation. The words “within Canada” in s 16(1) of the Canadian Security Intelligence Service Act mean that CSIS cannot collect information or intelligence relating to foreign states or persons, from within Canada, when that information is located outside Canada.
Laliberte v. Day, 2020 FCA 119
Appeal from Federal Court decision awarding carriage of proposed class action on behalf of Metis and Non-Status Indians affected by the Sixties Scoop. No reviewable error made.
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