ONCA 2025

G.E.S. Construction Limited appealed the dismissal of its motion seeking a declaration that Lloyd’s Underwriters had a duty to defend and indemnify it under a 2015 insurance policy.

The Court of Appeal upheld the motion judge’s decision, finding no waiver or estoppel by Lloyd’s and no bad faith in its conduct.

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

The Court of Appeal for Ontario dismissed Jason Immel’s conviction appeal for possession of fentanyl for the purpose of trafficking and possession of proceeds of crime, finding no error in the trial judge’s reasoning or assessment of the evidence.

The court allowed the sentence appeal in part, reducing the sentence for possession of proceeds of crime to the statutory maximum of two years, concurrent with the fentanyl sentence, but otherwise upheld the global sentence.

The Court of Appeal for Ontario considered a motion by the moving party, M.H., to adjourn and stay the appeal of O.K. until O.K. paid support arrears and security for costs.

The court found that O.K. was required to pay support for January to March 2025 and had not done so, and that he had no assets in Ontario and a history of failing to meet support obligations.

The court ordered the appeal stayed until O.K. paid $24,396 in support arrears and $35,000 as security for costs, with the appeal to be administratively dismissed if payment was not made by June 6, 2025.

The court also awarded M.H. $3,200 in costs for the motion.

The Court of Appeal for Ontario dismissed Aliamisse O. Mundulai’s motion for a panel review of a decision denying his request for an extension of time to seek leave to appeal from a Divisional Court decision.

The Divisional Court had dismissed his application for judicial review of a Law Society Tribunal Appeal Division decision denying his readmission to the Ontario Bar.

The Court of Appeal found no error in the motion judge’s decision, noting the lack of merit in the proposed appeal and emphasizing that leave to appeal was required.

The application was dismissed and costs of $2,000 were awarded to the respondent.

The Court of Appeal for Ontario considered the powers of police to conduct a warrantless search of a vehicle and its occupants under s. 12(3) of the Cannabis Control Act, 2017.

The respondent, a passenger, was acquitted at trial after the judge found his Charter rights under ss. 9, 10(a), and 10(b) were infringed and excluded evidence of firearms found in the vehicle.

On appeal, the Court found the trial judge erred in concluding that the respondent’s rights under ss. 9 and 10(a) were violated, but agreed that s. 10(b) was breached.

The Court held that s. 12(3) of the CCA does not justify a general suspension of the right to counsel under s. 10(b), distinguishing the context from roadside sobriety stops.

The evidence was ultimately admitted, and a new trial was ordered.

The Court of Appeal for Ontario allowed the Crown’s appeal from a sentencing decision that declined to impose a SOIRA order on the respondent, who had pled guilty to sexual interference with a 15-year-old.

The appellate court found that the sentencing judge erred in principle by failing to apply the statutory presumption in favour of a SOIRA order and by not properly considering all relevant factors under s. 490.012(4) of the Criminal Code.

The court set aside the exemption and imposed the SOIRA order.

The appellant, Vernon Terwilligar, appealed his convictions for child luring and making child pornography, and sought leave to appeal a sentence order under section 161 of the Criminal Code.

The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge’s rejection of the appellant’s evidence and upholding the search warrant’s breadth.

The court also upheld the section 161 order, holding that such orders are available even where the “child” is an undercover officer, as the protective purpose of the provision is best served by a purposive interpretation.

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.

This endorsement addresses procedural directions for a motion for leave to appeal to the Court of Appeal for Ontario from a Divisional Court decision dismissing Adam Knauff’s application for judicial review of decisions of the Human Rights Tribunal of Ontario.

The moving party seeks clarification of the test for leave to appeal, referencing recent Court of Appeal decisions, and requested a five-judge panel.

The Court directs that the motion for leave to appeal will be heard orally, and sets timelines and procedures for intervention motions.

This addendum to the judgment in McKenzie-Barnswell v. Xpert Credit Control Solutions Inc., 2025 ONCA 253, clarifies issues regarding post-judgment interest, costs, and the status of the mortgage at issue.

The Court of Appeal for Ontario confirms that post-judgment interest is to be calculated at the statutory rate under the Courts of Justice Act, not the rate in the mortgage, due to findings of unconscionability and wrongful conduct.

The court upholds the trial judge’s substantial indemnity costs award, orders a set-off of costs against the respondent’s indebtedness, and confirms that the unconscionable mortgage shall not be re-registered.

Monies paid into court as security for costs are to be paid out to the appellants’ lawyers in trust.

The Court of Appeal for Ontario dismissed the appeal of Aliamisse O. Mundulai from a final order in a family law dispute with Ying Huang.

The appeal concerned parenting, property, and financial issues following the parties' separation.

The court found no reversible error in the trial judge’s decisions regarding the child’s therapy, beneficial ownership of an office unit, and the treatment of the respondent’s pension for equalization purposes.

Costs were awarded to the respondent.

The Court of Appeal for Ontario considered the issue of costs following an appeal between the Township of Adelaide Metcalfe and the Municipality of Strathroy-Caradoc.

The court determined that there would be no costs of the appeal, as the determinative issue was not raised before the Divisional Court.

The costs previously ordered by the Divisional Court were set aside.

The Court of Appeal for Ontario dismissed the Law Society of Ontario’s appeal regarding the respondent’s application for licensure as a paralegal.

The court found that the tribunals below properly considered the respondent’s criminal offence and professional misconduct, and that there was no error in their assessment of her rehabilitation and good character.

The appeal was dismissed with costs to the respondent.

The Court of Appeal for Ontario considered appeals and cross-appeals from a certification decision in a proposed class action regarding alleged defects in BMW vehicles equipped with N20 engines.

The court found that the certification judge erred in certifying causes of action for negligent design/manufacturing resulting in repair costs and in defining the class to include persons who incurred such costs.

The court held that neither of the proposed representative plaintiffs had a valid cause of action and set aside the certification order.

The Court of Appeal for Ontario dismissed the appeal from a judgment enforcing a settlement agreement in the context of a pending arbitration.

The appellants failed to pay the agreed amount by the deadline, triggering a penalty clause.

The court found no error in the application judge’s decision to proceed by application rather than action, in the finding that the respondents had not breached their obligations of good faith, or in the enforcement of the penalty clause.

The appeal was dismissed and costs awarded to the respondents.

The Court of Appeal for Ontario granted leave for the former trial solicitor of Michael Scott De Longte to intervene in the appeal, limited to the issue of ineffective assistance of counsel.

The court found the solicitor’s participation necessary to complete the record and assist in the proper adjudication of the issue, as the allegations of ineffective assistance were central to the appeal and mirrored in a related professional negligence action.

The court also declared that solicitor-client privilege had been waived by Mr. De Longte and set out a schedule for the exchange and filing of fresh evidence, cross-examinations, and facta.

No costs were awarded on the motion.

The Court of Appeal for Ontario dismissed motions by tenants Michael Schram and Leslie Mitchell for an extension of time to file a notice of motion for leave to appeal and a notice of appeal regarding the termination of their tenancy and the dismissal of their action.

The court found that the proposed appeals lacked merit and that the justice of the case did not warrant an extension.

The court also dismissed the request for a stay of eviction and awarded costs to the responding parties.

The appellant, Haytham Elzayat, moved under section 7(5) of the Courts of Justice Act to review an order of Roberts J.A. denying his request to include a transcript of oral argument from the court below in his appeal materials.

The Court of Appeal found no error in the exercise of discretion by Roberts J.A., holding that the transcript was not necessary or relevant for the fair hearing of the appeal.

The motion was dismissed, and costs of $3,500 were awarded to the respondent.

The moving party, Susan Henderson, sought an extension of time to file a notice of appeal from a judgment dismissing her application to challenge the validity of her late mother’s 2018 Will.

The Court of Appeal for Ontario dismissed the motion, finding no merit to the proposed appeal and noting a pattern of delay and unreasonable conduct by the moving party.

The court emphasized the need for finality in estate matters and awarded costs to the responding party.

The appellant, Zaafir Ahmed Munir, appealed a decision upholding the Town of Milton’s short-term rental bylaw and related enforcement actions.

The Court of Appeal found that the Town had authority under the Municipal Act to enact the bylaw, that there was no conflict with the Residential Tenancies Act, and that the appellant’s Charter rights were not infringed.

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