ONCA 2025

The Court of Appeal for Ontario dismissed the appeal of the Amalgamated Transit Union, Local 1587, upholding the Divisional Court’s decision to quash an arbitration award that reinstated five employees dismissed by Metrolinx for sexual harassment.

The Court found that the arbitrator made legal and factual errors, including failing to recognize Metrolinx’s statutory duty to investigate workplace harassment even in the absence of a formal complaint, and improperly relying on myths and stereotypes about victim behaviour.

The matter was remitted to a new arbitrator for reconsideration.

The Court of Appeal for Ontario dismissed the appellants’ appeal from a trial judgment awarding $160,000 to the respondent for loans that were not repaid.

The trial judge’s decision was based on unjust enrichment, as there was no agreement on the term or interest rate of the loans.

The Court upheld the trial judge’s refusal to allow the appellants to withdraw deemed admissions or to introduce late evidence, finding no procedural unfairness.

The Court also found no error in the exclusion of a late-proposed witness and in the trial judge’s unjust enrichment analysis.

The Court of Appeal for Ontario dismissed the appeal by the defendants, Danping Wang (also known as Linda Wang) and Shi Gang Ni (also known as Simon Ni), from a judgment awarding $555,000 to the respondent, Jamshid Nayyer, for breach of contract.

The trial judge found that the parties had a valid oral agreement entitling the respondent to a 20% interest in certain properties, which was later exchanged for a full interest in a condominium.

The trial judge’s findings on credibility and the evidence were upheld, and the appeal was dismissed with costs.

The Ontario Court of Appeal dismissed the appeal of Robert Paul Ireland from a judgment declaring his Facebook posts defamatory of the Ontario Federation of All Terrain Vehicle Clubs, ordering their removal, and enjoining further defamatory posts.

The court found no procedural unfairness or error in the application judge’s decision, holding that Mr. Ireland’s failure to file a notice of appearance precluded him from participating in the application, and that the Federation’s courtesy in providing him with information did not create further obligations.

The court also rejected arguments regarding service and limitations, and found no reviewable error in the application judge’s findings on defamation and available defences.

The Court of Appeal for Ontario dismissed the appeal by Sa Yan and Royal LePage Signature Realty regarding the return of a $60,000 deposit following the termination of an assignment of an agreement of purchase and sale.

The court upheld the application judge’s finding that the respondents, Christine Yui and Michelle Yui, properly exercised a lawyer approval condition to terminate the agreement and were entitled to the return of their deposit.

The court also declined to vary the order to include pre- and post-judgment interest, as the respondents had not brought a cross-appeal.

The Court of Appeal for Ontario dismissed J.E.'s appeal from his designation as a dangerous offender and the imposition of an indeterminate sentence.

The court found no reversible error in the sentencing judge’s assessment of the evidence, including expert psychiatric testimony regarding the appellant’s risk and treatability.

The court held that the sentencing judge was entitled to conclude that J.E. posed a high risk of recidivism and that available controls and treatments would not adequately manage his risk to the public.

The Court of Appeal for Ontario considered the appeals of Rushawn Anderson and Nicholas Rhoden from convictions for attempted murder and aggravated assault.

The appellants argued that the trial judge erred in admitting out-of-court statements, in his rulings on Charter violations, in instructing the jury on fabrication, and that the verdicts were unreasonable.

The majority dismissed the appeals, finding the fabrication instruction sufficient and the verdicts reasonable.

In dissent, Gomery J.A. would have allowed the appeals, finding the fabrication instruction flawed and the verdicts unreasonable, and would have substituted acquittals.

The Court of Appeal for Ontario allowed the Crown's appeal from a stay of proceedings in a sexual assault case, finding that the premature disclosure of defence materials to the complainant’s counsel was an innocent error and did not result in prejudice to trial fairness.

The court held that a stay of proceedings is a drastic remedy reserved for the clearest of cases and that alternative remedies were available.

The matter was remitted for trial before a different judge.

The appellant, M.J., appealed the dismissal of her habeas corpus application seeking Charter remedies for damages following her transfer between detention facilities while facing a charge of second-degree murder.

The application judge found the matter moot as M.J. had been released on bail prior to the hearing.

The Court of Appeal found no error in the application judge’s conclusion and dismissed the appeal.

The Court of Appeal for Ontario dismissed an appeal by non-settling defendants challenging the approval of a Pierringer agreement in a multi-party motor vehicle accident case.

The court held that the agreement did not cause substantive prejudice to the non-settling defendants, as the Negligence Act places the risk of an insolvent or impecunious tortfeasor on the remaining tortfeasors, not the victim.

The court also declined to grant procedural orders in advance, leaving such matters to the trial judge.

The Court of Appeal for Ontario allowed Pafco Insurance Company’s appeal from a motion judge’s decision regarding the interpretation of the “insured person” definition in the standard Ontario Automobile Policy 44R family protection endorsement.

The court held that the motion judge erred in finding that Ashley Kerr was not an “insured person” under Joe Hesch’s 44R endorsement with Kent and Essex Mutual Insurance Company.

The correct interpretation, supported by prior case law and industry commentary, is that coverage is available to an insured person occupying their own vehicle if family protection coverage is in force on that vehicle.

The court clarified the priority of coverage and the pro rata sharing of excess damages between insurers.

The Court of Appeal for Ontario issued a costs endorsement after the appellant, Boshra Mikhail, abandoned his appeal less than two weeks before the scheduled hearing.

The court awarded the respondent, Eman Mikhail, costs of $10,000, inclusive of disbursements and applicable taxes, after considering written submissions from both parties.

The Court of Appeal for Ontario dismissed a motion for a panel review of a motion judge’s decision denying an extension of time to perfect an appeal in a family law matter.

The panel found no error in the motion judge’s exercise of discretion, holding that the correct legal principles were applied and the result was reasonable.

The appellant’s arguments regarding the respondent’s opposition to the motion were rejected based on the record.

The motion was dismissed without costs.

The Court of Appeal for Ontario allowed in part the appeal of Westmount-Keele Limited in a solicitor’s negligence action against Nicholas C. Tibollo and his professional corporation.

The court found that the trial judge erred in declining to award damages for certain legal fees and elevator repairs, and varied the judgment to include these amounts.

The court otherwise upheld the trial judge’s findings regarding lost opportunity damages, property taxes, and other claims, finding no palpable and overriding error.

The appeal was allowed in part, and costs were awarded to the appellant.

The Court of Appeal for Ontario dismissed Lorne Rappaport’s appeal from convictions for sexual interference, invitation to sexual touching, and sexual exploitation.

The appellant, a hockey coach, was found to have engaged in a sexual relationship with the complainant, who was 15 at the time.

The appeal alleged misapprehension of evidence and improper application of legal principles regarding credibility.

The Court found no material misapprehension and held that the trial judge’s credibility findings and application of the law were reasonable and thorough.

The Court of Appeal for Ontario dismissed N.S.'s appeal from convictions for sexual assault and sexual interference.

The appellant argued that the trial judge failed to consider his mixed out-of-court statements and erred in finding that Crown witnesses corroborated each other.

The Court found no reversible error, holding that the trial judge properly assessed the evidence and did not misuse the concept of corroboration.

The decision clarifies the use of mixed out-of-court statements and the proper approach to corroborative evidence in sexual offence trials.

The Court of Appeal for Ontario allowed the Crown's appeal from sentence, finding that the sentencing judge erred by imposing a two-year weapons prohibition under s. 51(3) of the Youth Criminal Justice Act (YCJA) following a youth's guilty plea to first-degree murder.

The Court held that the correct provision was s. 51(1), which requires a longer prohibition for offences subject to mandatory orders under s. 109 of the Criminal Code.

Both parties agreed to set aside the two-year prohibition and impose a 12-year weapons prohibition.

The Court substituted the appropriate order, noting the respondent's planning and aggravating circumstances.

This addendum to the Court of Appeal for Ontario’s decision in Hillier v. Ontario addresses the appropriate constitutional remedy for unjustified limits on peaceful assembly rights under the Charter during the COVID-19 pandemic.

The court discusses the principles of “reading in” and “reading down” as remedial tools, ultimately preferring reading down the impugned regulations to exclude peaceful outdoor protests of up to 10 people from the prohibition on gatherings.

The court’s approach is guided by Supreme Court authority and the need to respect legislative intent while vindicating Charter rights.

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.