Bradley W. Miller

The appellant landlord sought to expand a shopping centre to accommodate a new LCBO store, which required reconfiguring 36 parking spaces.

The respondent grocery store tenant successfully applied for a permanent injunction, with the application judge finding the tenant had a leasehold proprietary interest in the common parking area.

On appeal, the Court of Appeal held that the application judge erred in law, as the tenant lacked exclusive possession of the parking area.

Assuming the tenant held an easement, the Court found no substantial interference with the tenant's rights, as the reconfiguration did not significantly reduce available spaces and the tenant had no contractual right to specific spots.

The appeal was allowed and the injunction set aside.

The appellants, Metro 1 Development Corporation Ltd. and its sub-tenant Athens, appealed a lower court decision that found Metro 1 in breach of a commercial lease for failing to operate a Tim Hortons restaurant and denied relief from forfeiture.

The Court of Appeal upheld the motion judge's interpretation of the lease, finding no implied term that would permit an alternative food service if a Tim Hortons franchise could not be maintained.

The court also found no error in the refusal to grant relief from forfeiture, rejecting arguments of bad faith by the respondent hospital and clarifying the scope of the duty of good faith in contract law.

The appeal was dismissed, and costs were awarded to the respondent.

Dr. Rochagné Kilian appealed a Superior Court order compelling her to comply with an investigation by the College of Physicians and Surgeons of Ontario regarding alleged false COVID-19 vaccine exemption certificates.

Dr. Kilian had refused to provide patient records, citing confidentiality and challenging the lawfulness and constitutionality of the College's demands and the statutory provisions.

The Court of Appeal dismissed the appeal, affirming the application judge's decision that the scope of a s. 87 application (to compel compliance) is limited to determining if there was a breach of statutory obligations and if the information requested was within investigatory powers.

The Court reiterated the principle of non-interference in ongoing administrative processes, holding that constitutional challenges and arguments regarding the lawfulness of the investigation's initiation must first be raised before the College's Discipline Committee before seeking judicial review.

The appellant was convicted of various firearms offences.

He appealed, arguing that the trial judge erred in finding that the arresting officer had reasonable and probable grounds to arrest him for drug trafficking, which led to an arbitrary detention and an unlawful search incident to arrest, and that the evidence (a sawed-off shotgun and ammunition) should have been excluded under s. 24(2) of the Canadian Charter of Rights and Freedoms.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's conclusion that there were reasonable and probable grounds for the arrest.

The court emphasized that the assessment of reasonable and probable grounds proceeds from a holistic consideration of all facts, including prior surveillance of a suspected drug trafficker, a drug overdose in the hotel room, and the suspicious conduct of the appellant and his associate, Ms. Gaspari.

The court found the trial judge's reasoning for the arrest was sound, making it unnecessary to address the s. 24(2) Charter argument.

The applicant, Dalila Jarvis, sought a stay of a lower court order granting the respondent, Stephen Jarvis, exclusive possession of the matrimonial home and authorizing its sale.

The applicant argued she would suffer irreparable harm and that the original order prejudiced the children's best interests.

The respondent opposed the stay, citing his financial insolvency.

The Court of Appeal, applying the three-part test for a stay, found that while the appeal raised a serious question, the applicant failed to demonstrate irreparable harm, as alternative accommodation was possible and the loss of the home was inevitable.

The balance of convenience favoured the respondent, who faced insolvency if the sale was delayed.

The motion for a stay was dismissed, and the respondent was awarded costs.

The appellant, Benjamin MacAdam, appealed his conviction for possession for the purpose of trafficking and his sentence.

The appeal centered on the trial judge's handling of expert evidence regarding the quantity of drugs seized (112 grams of cocaine) and whether it was consistent with trafficking or personal use.

The Court of Appeal found that while the police officer expert was properly qualified, the trial judge erred by misapprehending the expert's testimony.

Specifically, the trial judge failed to adequately consider the expert's concession that the seized quantity could be consistent with personal use for a heavy user in a remote area, and improperly required the defence to establish hypothetical scenarios with proven facts to raise reasonable doubt.

The court concluded that the Crown had not discharged its burden of proving trafficking beyond a reasonable doubt.

Korey Rudder appealed convictions for firearm and breach offences, which were based on a constructive possession finding.

The Court of Appeal found that the trial judge materially misapprehended evidence, failed to respect a factual admission by the Crown regarding vehicle ownership, and misapplied the "sufficient connection test" for third-party suspect evidence.

These errors affected the evaluation of constructive possession beyond a reasonable doubt.

The appeal was allowed, convictions quashed, and a new trial ordered.

The appellant, Nathalie Xian Yi Yan, appealed an order striking her statement of claim without leave to amend, which had been granted by the Superior Court of Justice.

The Court of Appeal dismissed the appeal, affirming the motion judge's decision.

The Court found no reviewable error in the motion judge's conclusion that the appellant's claims for constructive discrimination, harassment, professional negligence, and defamation failed to disclose a reasonable cause of action.

The Court also upheld the denial of leave to amend, noting that the appellant had already had an opportunity to amend her pleadings, which resulted in unfocused allegations without evidence.

Costs were awarded to the respondent.

The appellant brought a simplified procedure action against Kia Canada Inc. related to his purchase of a Kia Sorento in 2016.

The action was dismissed at trial, with the trial judge finding no breach of contract or the Sale of Goods Act, and that the appellant failed to prove compensable damages.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings or credibility assessments.

The court agreed that the appellant failed to prove compensable damages, noting his lost wages claim contradicted his declared income and he failed to lead evidence regarding any loss on the sale of the vehicle.

This appeal concerns a dispute between two condominium corporations regarding the cost of replacing shared electrical infrastructure (electric switchgear or ESG).

The appellant, Ottawa-Carleton Standard Condominium Corporation No. 656 (656), refused to contribute to the replacement cost, arguing that the ESG was the property of the respondent, Carleton Condominium Corporation No. 519 (519), and its maintenance was 519's sole responsibility under their respective Declarations and the Condominium Act, 1998. 519 had successfully brought an application based on unjust enrichment, arguing that 656 would be enriched by continuing to receive electricity without contributing, 519 would be deprived, and there was no juristic reason for the enrichment.

The Court of Appeal upheld the application judge's finding that all elements of unjust enrichment were met, specifically agreeing that neither the Condominium Act nor 519's Declaration imposed a statutory obligation on 519 to maintain the ESG for 656's benefit without compensation, and that the absence of a cost-sharing agreement did not constitute a juristic reason to justify the enrichment.

The appeal was dismissed.

The respondent father brought a motion alleging the applicant mother breached a previous trial decision regarding family therapy, information sharing, and parenting time.

The father sought financial penalties and further directions on therapy protocols.

The court dismissed the motion, finding the mother was in compliance with the trial decision and that the father was attempting to re-litigate trial issues.

The mother was awarded full indemnity costs.

The appellant appealed four summary judgments granted against him for various debts (mortgages, lines of credit, credit card).

The appellant's arguments, consistent with "pseudolegal" theories, asserted that he was not subject to Canadian law by attempting to separate himself from his legal personhood.

The Court of Appeal dismissed the appeal, affirming the motion judge's finding that no legally tenable defence was advanced.

The court reiterated that such arguments consistently fail and consume court resources.

The court also confirmed the admissibility of the bank's business records under the Evidence Act.

This appeal concerned a dispute within the Medhanie Alem Eritrean Orthodox Tewahdo Church regarding internal governance, specifically the holding of an overdue Annual General Meeting (AGM) and the application of canon law versus corporate bylaws.

The appellants, volunteer board members, challenged the application judge's order that mandated an AGM under the 2014 Bylaws with a court-appointed neutral chair, arguing these issues were non-justiciable matters of canon law or that the order conflicted with canon law.

The Court of Appeal affirmed that the local Church, as an incorporated entity, is subject to civil law obligations like holding AGMs.

However, it found that the application judge's order unnecessarily conflicted with canon law by preventing the Church from amending its bylaws to conform with the 2016 Canon Law Promulgation before the AGM.

The Court allowed the appeal in part, striking the conditions regarding the 2014 Bylaws and the court-appointed neutral chair for the AGM, and ordered a special or emergency meeting with a court-appointed neutral chair to allow the Church to vote on bylaw amendments before the AGM.

This costs endorsement followed a partial success on appeal where the appellant, Justice of the Peace Lauzon, had her appeal from the merits decision dismissed but her appeal from the disposition decision allowed, resulting in a reprimand and 30-day suspension instead of removal from office.

While the parties agreed on costs for the appeal, Divisional Court, and leave motion, they disagreed on the costs of the original hearing before the Hearing Panel.

The appellant sought full reimbursement for these hearing costs, arguing her appeal success effectively overruled the reasons for their previous reduction.

The Court of Appeal dismissed this request, finding that the appellant had not sought leave to appeal the Divisional Court's decision on the Hearing Panel's costs recommendation, nor had she demonstrated any reversible error.

The court concluded that the partial success on appeal did not affect the reasonableness of the Hearing Panel's original costs recommendation, and therefore made no order regarding those costs.

The appellant was convicted of firearm possession and drug trafficking and appealed both his conviction and sentence.

The conviction appeal argued that the information to obtain a search warrant (ITO) lacked sufficient grounds, specifically alleging the affiant misled the Justice of the Peace (JP) regarding the appellant's address and failed to establish reasonable grounds for drugs at his residence.

The Court of Appeal found that while the reviewing judge misapprehended one argument, it was immaterial as police observations provided sufficient grounds for the search warrant.

The conviction appeal was dismissed.

On the sentence appeal, the Crown conceded credit for time served, and the Court granted enhanced credit (1.5:1) for 145 days, resulting in 217 days credit.

The sentence appeal was allowed.

The appellant appealed his convictions for various offences, including robbery and theft, and challenged the trial judge's finding that his Charter rights (ss. 10(a) and 10(b)) were not breached upon arrest.

He also argued procedural unfairness because the trial judge did not accept the Crown's concession regarding a Charter breach.

The Court of Appeal dismissed the appeal, finding no breach of natural justice, no error in the trial judge's determination that physical evidence was not obtained in a Charter-infringing manner, and no error in the alternative s. 24(2) analysis for admitting the evidence.

This is an appeal from a medical negligence action.

The appellants, the spouse and sons of the deceased, Brian Willick, sued Dr. Willard (emergency surgeon) and Dr. Csanadi (family doctor) for alleged negligence in treating Mr. Willick after a fall, which they claimed led to his death from a ruptured splenic hematoma.

The trial judge dismissed the action, finding that the doctors met the standard of care and that there was no detectable splenic injury attributable to the initial fall.

The appellants challenged the trial judge's application of causation, sufficiency of reasons on standard of care, and credibility assessments.

The Court of Appeal dismissed the appeal, affirming the trial judge's findings that the respondent doctors met their respective standards of care, deferring to the trial judge's credibility findings, and concluding that the causation analysis was not flawed given the absence of a breach of duty.

The court also noted that the trial judge's reasons, while terse, were adequate for appellate review.

The appellant, Harris Haidary, appealed his sexual assault conviction.

The Court of Appeal found that the trial judge erred by relying on an impermissible inference that Mr. Haidary had "tailored" his testimony to conform to the Crown's evidence.

This form of reasoning is legally wrong, absent exceptional circumstances not present here.

Furthermore, the trial was rendered unfair because Mr. Haidary was not given notice that such an inference could be drawn against him, depriving him of the opportunity to address it.

The court declined to apply the curative proviso.

The appeal was allowed, the conviction set aside, and a new trial ordered.

The appellant, Trevor Caruso, appealed a disposition order from the Ontario Review Board (ORB) which found him not criminally responsible (NCR) and ordered his detention due to schizophrenia and various substance use disorders.

The ORB concluded he posed a significant threat to public safety, citing aggressive behaviour when unwell, a compulsive link between substance use and criminal behaviour, and a history of absconding.

The Court of Appeal affirmed the ORB's finding that the appellant remained a significant threat, largely upholding the ORB's reliance on uncharged violent incidents (carjacking, syringe incident) as evidence of risk, while noting that reliance on mere facts of restraint or reported fear without further inquiry was insufficient.

The Court also upheld the ORB's determination that the detention order was the least onerous and restrictive disposition, given the appellant's flight risk, the critical need for daily oral medication, and the high risk of violence if untreated and at large.

The appeal was dismissed.

Tenzin Norbu appealed a committal order for extradition to the United States on immigration fraud charges and sought judicial review of the Minister of Justice's surrender order.

The alleged scheme involved preparing and selling fraudulent documentation and false narratives to asylum seekers.

The Court of Appeal dismissed both the appeal, finding sufficient identification evidence and evidence for the broader fraudulent scheme, and the application for judicial review, upholding the Minister's decision not to seek assurances regarding potential deportation to China.