ONCA 2025

The appellant, Charles Kennedy, appealed his conviction for unlawful confinement, assault causing bodily harm, and sexual assault.

He sought the appointment of counsel under section 684 of the Criminal Code.

The Court of Appeal reviewed the trial judge’s findings and the legal standards for appointing counsel, ultimately dismissing the application on the basis that the grounds of appeal did not surpass the "arguability" threshold and were not legally complex enough to require appointed counsel.

The appellants, Dorinda Nana Afriyie and Adusei Kwame, appealed the dismissal of their motion to set aside a default judgment and writ of possession in a mortgage action brought by Rume Ezomo.

The Court of Appeal found no error in the motion judge’s application of the criteria for setting aside a default judgment, as set out in Mountain View Farms Ltd. v. McQueen.

The court held that the motion judge properly considered the relevant factors, including promptness, explanation for default, arguable defence, prejudice, and the integrity of the administration of justice.

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

The Ontario Court of Appeal dismissed David Jarvis’s appeal regarding his entitlement to exercise stock options after resigning as a director of 1CM Inc. The court found that the corporate documents clearly required Jarvis to be a director at the time of exercising the options.

Jarvis failed to demonstrate any error in the application judge’s interpretation of the plan.

The respondent was awarded costs of $15,000.

This endorsement addresses motions for leave to intervene in an appeal by Antonio Caruso challenging the Law Society of Ontario’s restrictions on paralegals’ scope of practice in immigration matters.

The Court grants leave to intervene to the Ontario Paralegal Association, the Canadian Immigration Lawyers Association, and the College of Immigration and Citizenship Consultants, but denies leave to the Canadian Paralegal Alliance.

The decision reviews the relevant principles for intervention, the backgrounds and proposed contributions of each intervener, and the reasons for granting or denying leave.

The Court of Appeal for Ontario allowed the appeal in part, finding no error in the trial decision except for the quantum of damages.

The court ordered the judgment to be amended to reduce damages by $1,310,000 to reflect deposits paid by the appellant and to correct the amount of pre- and post-judgment interest.

Costs of the appeal and trial were fixed in favour of the Receiver.

The Court of Appeal for Ontario dismissed Enbridge Gas Inc.'s appeal, upholding the Divisional Court's finding that the 1957 franchise agreement between Enbridge and the County of Essex had not expired under the rule against perpetuities.

The court found that the Ontario Energy Board (OEB) erred in law by misapplying the rule against perpetuities, focusing on the duration of the right rather than the vesting of the interest.

The court also held that the Divisional Court was not bound by its earlier decision in Dawn-Euphemia and that the OEB could not impose a new franchise agreement unless the existing one had lapsed or was about to lapse.

The appellant, Marnie Affleck, appealed the dismissal of her claim for negligent infliction of nervous shock and defamation against Sunrise Senior Living, Inc., Sunrise of Erin Mills, and several individuals.

The Court of Appeal upheld the trial judge’s findings, agreeing that the respondents’ actions were reasonable and that the defamation claim was not pleaded with sufficient specificity.

The court also found no error in the trial judge’s factual findings or costs award, and dismissed the appeal with costs.

The Court of Appeal for Ontario dismissed Kirk Richard Iredale’s appeal from the Superior Court’s order regarding equalization of assets and spousal support following the breakdown of his marriage to Carol Jeanette Dougall.

The court held that the trial judge properly found the equalization payment remedied any unjust enrichment and that a time-limited spousal support award was appropriate.

The court also upheld the trial judge’s refusal to admit fresh evidence post-trial.

The Court of Appeal for Ontario dismissed Jennifer Stride’s motion for security for costs against Syra Group Holdings in relation to Syra’s appeal of a wrongful dismissal judgment.

The court found that the requirements for security for costs under Rules 61.06(1)(b) and (c) were not met, as Stride was not a defendant or respondent in the original action and there was insufficient evidence that Syra was liquidating assets to avoid payment.

The court also noted that the strength of the appeal was not weak and that more compelling proof of evasion was required.

Each party was ordered to bear their own costs for the motion.

The Court of Appeal for Ontario dismissed the Crown’s appeal from a stay of drug charges entered under section 11(b) of the Charter.

The Crown argued that the trial judge should have deducted 92 days as a discrete exceptional circumstance due to a co-accused’s discharge of counsel.

The Court found no error in the trial judge’s approach or conclusion, holding that the Crown could have proceeded separately against the respondent, as it had with other co-accused.

The stay was upheld.

These two appeals arise from a receivership order under the Bankruptcy and Insolvency Act.

The motion judge found both the debtor and its management, as well as United Group of Companies and its management, in civil contempt of the receivership and asset recovery orders.

The Court of Appeal dismissed the appeals, finding no error in the motion judge’s reasoning or exercise of discretion, and confirmed the costs awards and sentences imposed.

The Ontario Court of Appeal dismissed the appeal by Neural Systems Inc., JiangJian Wang, and George Tarazi from a summary judgment granted in favour of the Business Development Bank of Canada.

The court found the appeal to be meritless and brought solely to delay judgment, noting that the debt remained unpaid and there was no genuine issue for trial.

The appellants' arguments regarding repayment efforts were rejected, and the appeal was dismissed with costs of $5,000 awarded to the respondent.

The appellant, Gaurav Tewari, appealed the decision of the motion judge who permanently stayed his action as a duplicative pleading and an abuse of process.

The motion judge also struck the claim under rules 21.01(3)(c), 21.01(3)(d), and 25.11 of the Rules of Civil Procedure, finding it contained no reasonable cause of action and was frivolous, vexatious, and an abuse of process.

Leave to amend was refused.

The Court of Appeal found no error in the motion judge’s decision and dismissed the appeal, awarding costs to the respondent.

The Court of Appeal for Ontario dismissed Arista Homes Limited's appeal from a summary judgment awarding Ellen De Castro eight months’ salary in lieu of notice following her dismissal without cause.

The court upheld the motion judge’s finding that the employment contract’s for-cause termination clause was unenforceable because it contravened the Employment Standards Act, 2000 by permitting termination without notice in circumstances broader than the statute allows.

The court emphasized the remedial purpose of the ESA and the interpretive principle that ambiguities in employment contracts are to be resolved in favour of employees.

The Court of Appeal for Ontario allowed Randy Hillier’s appeal, finding that Ontario’s absolute ban on outdoor peaceful assembly during the COVID-19 pandemic was not demonstrably justified under section 1 of the Charter.

The court held that the government failed to consider the impact of the gathering limits on the right to peaceful assembly under section 2(c) and did not tailor the restrictions to accommodate this fundamental freedom, unlike the approach taken for religious gatherings.

The decision clarifies the independent constitutional status of peaceful assembly and the necessity for governments to justify limits on this right, especially in the context of political protest.

The Court of Appeal for Ontario allowed the appeal of Danjing Han, setting aside a trial judgment that had awarded the respondents $302,000 for civil deceit and unjust enrichment.

The appellate court found that the trial judge erred in relying solely on admissions in the Statement of Defence to establish liability, without making any factual findings or determining the elements of the causes of action.

The court concluded that the admissions did not amount to admissions of liability and that the respondents had not met their burden of proof.

The Law Society of Ontario (LSO) appealed a Divisional Court decision that quashed its administrative decision to void the registrations of 20 licensing candidates implicated in a cheating scandal.

The Divisional Court had found the LSO breached procedural fairness by not holding oral hearings before voiding the registrations.

The Court of Appeal allowed the appeal, finding that the Divisional Court misapplied the Baker factors and conflated the LSO's administrative licensing functions with its disciplinary good character functions.

The Court held that the written process provided by the LSO, which included disclosure and multiple opportunities to respond, satisfied the duty of procedural fairness.

The Court also admitted new evidence and found the Divisional Court breached procedural fairness by making costs orders without allowing submissions.

The Court of Appeal for Ontario dismissed Michelle Botosh’s appeal from the order striking out her 2023 action against members of the defence team from her earlier personal injury litigation.

The court found the new action was a collateral attack on the 2013 judgment and an abuse of process.

The court also upheld the motion judge’s findings regarding witness and lawyer immunity, the absence of a privacy claim, and the reasonableness of the costs award.

The appellant, William Gillen, appealed his convictions for trafficking fentanyl, possession of fentanyl and cocaine for the purpose of trafficking, and possession of proceeds of crime.

The appeal focused on the trial judge’s instructions to the jury, specifically whether the judge usurped the jury’s fact-finding role, encouraged propensity reasoning, or permitted the jury to use text messages for a prohibited purpose.

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

The appellant, Lawrence Allen Thompson, appealed his 10-year sentence for sexual interference, kidnapping, and abduction of a four-year-old child.

The Court of Appeal for Ontario found no error in the sentencing judge’s assessment of aggravating and mitigating factors, the fitness of the sentence, or the calculation of pre-trial credit.

The appeal was dismissed.