Eileen E. Gillese

The appellant appealed a custodial sentence of two years less a day imposed for aggravated assault.

The assault arose from a parking lot altercation where the appellant stabbed the victim with a screwdriver, causing life-threatening injuries to the chest.

The appellant sought to vary the sentence to a conditional sentence based on fresh evidence regarding his aggressive bladder cancer diagnosis and ongoing medical treatment requirements.

The sentencing judge had specifically crafted the custodial sentence to ensure access to adequate healthcare facilities.

The Court of Appeal admitted the fresh evidence but dismissed the appeal, finding that the appellant's medical needs were being adequately addressed within the correctional facility and through arrangements with local health facilities, and that the sentencing judge had not erred in principle or imposed a demonstrably unfit sentence.

Appeal of a summary judgment motion where the motion judge found that the appellant and respondent had entered into a valid partnership agreement to acquire, renovate, and rent a property in Scarborough.

The respondent contributed to the purchase price and renovation costs but only the appellant's name was on title.

The appellant obtained mortgages exceeding the parties' agreement without the respondent's consent.

The motion judge granted declaratory relief recognizing the respondent's 50 percent interest in the property via resulting trust, issued a permanent injunction against harassment and interference, and ordered a reference to determine damages.

The appellant appealed on grounds of procedural fairness, text message interpretation, and appropriateness of summary judgment.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's reasoning or application of the summary judgment process.

The appellants, a corporation and its sole officer/director, appealed a summary judgment foreclosure decision.

The respondent held a first mortgage on a residential property in Niagara Falls.

The appellants failed to pay the mortgage when it matured on February 2, 2023.

The appellants argued the mortgage was invalid because the respondent had not signed the commitment letter, and raised various other defenses including allegations of fraud, conspiracy, and that a lease with a tenant barred foreclosure.

The motion judge granted summary judgment for foreclosure, payment, and possession.

The Court of Appeal dismissed the appeal, finding the mortgage was validly executed as evidenced by payment of funds and registration of the charge, and rejecting all other arguments as unsupported by evidence.

The appellant appealed a Superior Court decision dismissing his application to quash the suspension of his driver's licence.

The suspension was imposed under section 41(1)(d) of the Highway Traffic Act following the appellant's guilty plea to impaired driving in New York State, pursuant to a reciprocal agreement between Ontario and New York.

The central issue was whether the guilty plea and conditional discharge in New York constituted a conviction under Ontario law.

The Court of Appeal upheld the lower court's decision, finding that the application judge correctly interpreted the statutory provision and properly disposed of all issues raised, including natural justice and Charter arguments.

The court also rejected the appellant's argument that the absence of a transcript of the oral hearing prejudiced his appeal rights.

The appellant appealed a summary judgment decision in a failed real estate transaction.

The respondent seller brought an action for breach of contract after the appellant buyer failed to close due to inability to obtain financing.

The respondent subsequently sold the property at a lower price and recovered damages.

The Court of Appeal upheld the summary judgment, finding no genuine issues requiring trial and no error in the motion judge's application of law to the facts.

The appeal was dismissed with costs fixed at $15,000 all inclusive.

The appellant appealed a summary judgment award of $366,513 in damages arising from a failed real estate transaction.

The appellant had waived the financing condition in an agreement of purchase and sale for $1,252,500 but failed to close due to lack of financing.

The respondents subsequently sold the property for $965,000.

The motion judge found the respondents had taken reasonable steps to mitigate their damages by refusing the appellant's subsequent offer to purchase at a lower price, particularly given the appellant's prior default and lack of proof of financing.

The Court of Appeal upheld the decision, finding no errors in the motion judge's legal analysis or assessment of evidence and no basis for interfering with the denial of the adjournment request.

The Crown appealed the acquittal of Damodar Arapakota on a charge of bribing a foreign public official contrary to section 3(1)(a) of the Corruption of Foreign Public Officials Act (CFPOA).

The respondent had paid for a family vacation in Orlando, Florida for a Botswana government official in exchange for letters confirming the government's intention to award a contract to the respondent's company.

The trial judge acquitted the respondent, finding that the Crown had failed to prove that the respondent received a material business advantage in return for the trip and that there was insufficient nexus between the trip and the letters.

The majority of the Court of Appeal dismissed the Crown's appeal, finding that while the trial judge erred in requiring proof of a specific act or omission, this error did not affect the outcome because the trial judge correctly found that the respondent received no meaningful business advantage.

Justice Monahan dissented, arguing that the trial judge's interpretation of "as consideration for" was unduly narrow and that the acquittal should be set aside for a new trial.

The appellant, a housing corporation, appealed a motion judge's decision striking its claims against a manufacturer and seller of a defective toilet flushing system.

The appellant sought damages for excess water costs resulting from system failure.

The Court of Appeal upheld the motion judge's decision, holding that: (1) the manufacturer could not be sued under the Sale of Goods Act as it was not a seller in privity with the purchaser; and (2) the claim in negligence was for pure economic loss, which is not recoverable in tort absent exceptional circumstances not present here.

The court confirmed that such disputes are customarily dealt with by contract, not tort.

The Court of Appeal for Ontario considered whether an injunction restraining secondary picketing by the Canadian Union of Postal Workers at a Purolator facility was governed by section 101 or section 102 of the Courts of Justice Act.

The majority held that the definition of "labour dispute" in section 102 encompasses secondary picketing, and therefore, the appeal route lies to the Court of Appeal without leave under section 102(10).

The dissenting judge would have quashed the appeal, holding that the order was made under section 101 and thus appealable only to the Divisional Court with leave.

The Court of Appeal for Ontario considered the Crown's appeal from a conditional sentence imposed for sexual assault involving non-consensual condom removal.

The majority allowed the appeal, finding the sentence manifestly unfit and inconsistent with established sentencing ranges for penetrative sexual assault.

The majority substituted a three-year penitentiary sentence, emphasizing the gravity of the offence, the respondent’s moral culpability, and the severe harm to the victim.

The dissent would have deferred to the sentencing judge and corrected only the technical error in the conditional sentence’s length.

This costs endorsement follows the Law Society of Ontario’s successful motion before the Court of Appeal for Ontario.

The court orders each of the moving parties severally liable for costs of $200, payable to the Law Society of Ontario, on a partial indemnity basis.

This costs endorsement follows the Court of Appeal’s decision allowing the appellants’ appeal in part.

The court found that the trial judge erred in requiring Mak Mera Limited to repay US$405,000 and in awarding $200,000 in defamation damages to James Bay Resources Limited.

The appellants were awarded costs of the appeal and, after submissions on trial costs, the court awarded the appellants $400,000 in trial costs, payable by James Bay, as a fair and proportionate amount in light of the appeal outcome and the parties’ relative success.

The Court of Appeal for Ontario dismissed a motion by 13 respondents to re-open an appeal regarding the Law Society of Ontario’s decision to void their licensing exam results and registrations due to exam integrity breaches.

The court found that the moving parties had not been denied judicial review, that their complaint was about the adequacy of reasons rather than a rare circumstance justifying re-opening, and that the interests of justice did not require reconsideration.

The court held that the Law Society’s actions were consistent with its by-laws and that the moving parties’ arguments had been addressed.

The appellant, Travis Babbington, appealed his conviction for first degree murder.

He argued that the trial judge erred in admitting his post-arrest statement to police, in instructing the jury on planning and deliberation, in failing to caution the jury about prior consistent statements, and in instructing on eyewitness identification.

The Court of Appeal dismissed the appeal, finding no error in the trial judge’s rulings or jury instructions.

The appellant, Garett Roy, appealed convictions for three counts of sexual assault.

The Court of Appeal for Ontario dismissed the appeal, finding no error in the trial judge’s credibility assessment or in the handling of alleged inconsistencies in the evidence.

The court held that the trial judge’s reference to trauma was properly contextualized and did not reverse the burden of proof.

The court also found no material misapprehension regarding evidence about rent payments.

The appeal was dismissed.

The appellant, Qalid Abderezak, appealed a 12-year sentence for robbery and firearms offences, arguing that the sentence was unreasonably disparate compared to a co-accused, Zakariye Yousuf, who received a 10-year sentence.

The Court of Appeal found no error in the sentencing judge’s analysis, noting the different roles and culpability of the offenders and the deferential standard of review for sentencing decisions.

The appeal was dismissed.

The Court of Appeal for Ontario dismissed Windrift Adventures Incorporated’s appeal from the dismissal of its defamation action under s. 137.1 of the Courts of Justice Act.

The court found no error in the motion judge’s conclusion that the action lacked substantial merit and that the harm suffered was not sufficiently serious to outweigh the public interest in protecting the respondents’ expression.

The court also rejected the appellant’s argument that a finding of “abuse” is required for dismissal under s. 137.1, clarifying that the test remains as set out in Pointes Protection Association.

The Court of Appeal for Ontario dismissed the appeal of Dianne Pearl Douglas from a final order in a family law proceeding concerning parental decision-making, parenting time, and child support.

The appellant argued that the motion judge erred in finding a material change in circumstances and in determining that the respondent’s parenting time met the 40% threshold under the Federal Child Support Guidelines.

The Court found no error in the motion judge’s findings or application of the law, upholding the retroactive adjustment to child support and awarding costs to the respondent.

This is an appeal from an order of the Superior Court of Justice regarding a motion to vary parenting and support arrangements between the parties, parents of two children.

The appellant challenged 20 provisions of a comprehensive order, but the Court of Appeal found no basis for intervention.

The court upheld the motion judge’s findings of a material change in circumstances, the revised parenting schedule, the calculation of child support, the imputation of income, and the costs award.

The appellant’s motion to introduce fresh evidence was also dismissed.

The Court of Appeal for Ontario dismissed the appeal of Matthew James Avery from an uncontested trial order requiring him to pay child support, s. 7 expenses, and granting a vesting order for sole title to the matrimonial home to Angela Nadine Wade.

The court found no exceptional circumstances to justify hearing the appeal, no error in the trial judge’s exercise of discretion, and that the appellant had adequate notice of the relief sought.

The court also held that the absence of evidence of the current value of the home did not result in injustice, particularly given the appellant’s failure to participate or provide disclosure.