Civil Litigation - Defendant - ONCA

The Court of Appeal for Ontario denied leave to appeal from an order appointing a receiver over the property of 11977636 Canada Inc. at the request of the Bank of Montreal.

The debtor argued that the application judge made a factual error regarding the closing date of a property sale, which allegedly affected the decision to refuse an adjournment and appoint a receiver.

The Court found that the error was not determinative, as the appointment was justified by the debtor’s lack of accountability and transparency.

None of the three "Pine Tree" considerations for granting leave to appeal under s. 193(e) of the Bankruptcy and Insolvency Act were met.

The Court of Appeal for Ontario dismissed the appeal by the franchisor and its associates from a trial judgment granting rescission and damages to the franchisee under the Arthur Wishart Act (Franchise Disclosure), 2000.

The court upheld the trial judge’s findings that the statutory exemption from disclosure did not apply, that the franchisee validly rescinded the franchise and ancillary agreements, and that the franchisee was entitled to statutory compensation and substantial indemnity costs.

The court found no error in the trial judge’s assessment of damages or costs.

This endorsement addresses a motion for costs brought by the Toronto Police Service Board following the abandonment of an appeal by Gary Curtis and Tanya Rebello.

The court found that the Board was entitled to costs, as its responding materials were served before the Notice of Abandonment was filed.

The court rejected the applicants' arguments regarding entitlement and quantum of costs, and awarded the Board $19,365.37, inclusive of taxes and disbursements.

The moving party, Stephen Moranis, sought an extension of time to perfect his appeal in a long-running dispute with the Toronto Real Estate Board (TREB) and others regarding access to the Multiple Listing Service (MLS) system and alleged breaches of a settlement agreement.

The Court reviewed the procedural history, including multiple actions, settlements, and motions, and applied the established factors for granting extensions of time.

While expressing reservations about the merits of the appeal, the Court granted a limited extension to August 1, 2025, finding no prejudice to the respondents and that the justice of the case warranted the extension.

The Court of Appeal for Ontario dismissed the appeal from the motion judge’s order dismissing an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act.

The court found that the expression at issue—a private comment between spouses—did not relate to a matter of public interest.

The court also denied leave to appeal the motion judge’s costs order, upholding the finding that the self-represented respondent had not established a basis for costs.

The decision affirms the high threshold for overturning discretionary costs decisions and clarifies the application of the public interest requirement in anti-SLAPP proceedings.

The Court of Appeal for Ontario dismissed the appeal of Canguard Group Limited and others from a partial summary judgment order declaring a mortgage on the respondent’s property void as a fraudulent conveyance.

The court found no error in the motion judge’s reliance on the evidentiary record, including affidavits, and held that the appellant’s failure to respond or provide discovery justified summary judgment.

The court also rejected arguments regarding the scope of the order and the appropriateness of partial summary judgment.

The Court of Appeal for Ontario allowed the appeal of Herbert and Jacqueline Watkins, setting aside the order dismissing their action and the associated costs order.

The motion judge had dismissed the action for failure to appoint counsel or deliver a notice of intent to act in person under r. 15.04(8) of the Rules of Civil Procedure and for delay under r. 24.01.

The Court of Appeal found that the removal order for the appellants' counsel was not effective, as it was not properly served, and that the motion judge erred in relying on r. 15.04(8).

The finding of inordinate and inexcusable delay was also found to be unreasonable due to confusion over representation.

Costs of the appeal were awarded to the appellants.

The appellant, John Dunford, appealed the dismissal of his claim for damages against the Hamilton-Wentworth District School Board and Hamilton Health Sciences Corporation.

Dunford alleged that Dr. James E. Anderson, who was involved with the Cool School program, sexually abused him and that the hospital was vicariously liable.

The trial judge found that Dr. Anderson committed the tort of sexual battery but concluded the hospital was not vicariously liable due to insufficient closeness in the relationship.

The Court of Appeal upheld the trial judge’s findings, holding that the correct legal test was applied and that the policy rationales for vicarious liability were properly considered.

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

The Court of Appeal for Ontario dismissed an appeal by Denver Davis from two orders: one staying a proposed class action against Amazon in favour of arbitration, and the other dismissing the motion for certification of the class action.

The class action alleged Amazon was liable for breach of employment contracts, breach of good faith, unjust enrichment, and negligence, and sought damages on behalf of approximately 73,000 delivery workers.

The court held that the motion judge did not err in finding that Amazon was not a common employer of the delivery associates (DAs) employed by third-party logistics companies, and that the requirements for certification were not met.

The appeal was dismissed and costs awarded to the respondents.

The Court of Appeal for Ontario considered whether comments about future ownership of a family farm gave rise to an enforceable assurance under the doctrine of proprietary estoppel.

The trial judge had awarded damages to Tim Metske and Amanda Herlick on the basis of proprietary estoppel, but the Court of Appeal set aside this finding, holding there was no clear promise or assurance, nor reasonable reliance.

The court upheld the trial judge’s findings on unjust enrichment and equitable set-off, resulting in a reduced damages award.

This costs endorsement follows the dismissal of Susan Henderson’s motion to extend the time to file a notice of appeal from a judgment dismissing her will challenge application.

The court considered written submissions on costs, ultimately awarding partial indemnity costs of $3,630.69 to the responding party, Wei Wang, rejecting arguments of financial hardship, public interest, and self-representation as reasons to deny costs.

The appellant, Zeljko Rajic, appealed a decision denying his entitlement to post-judgment interest following a settlement agreement with his former counsel and their law firm.

The Court of Appeal held that post-judgment interest under section 129 of the Courts of Justice Act does not apply where no court order for payment has been made, and the settlement did not expressly provide for such interest.

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

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 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 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 the appeal by Temagami Barge Limited and Dashiel Lowery Delarosbel from an order restraining their use of property for 13 uses found to contravene municipal zoning by-laws.

The court upheld the application judge’s findings on legal non-conforming use, the treatment of expert evidence, and the appropriateness of proceeding by application.

The court also found no error in the award of costs to the municipality, noting that leave to appeal costs was not sought as required.

Costs of the appeal were fixed at $25,000 to the municipality.

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 Rene Luypaert’s appeal from an order granting the sale of a jointly owned property and a writ of possession for another property, both owned by his parents, for whom his sisters acted as litigation guardians.

The court found no error in the application judge’s refusal to grant an adjournment, in the application of the Partition Act, or in the issuance of the writ of possession.

The court also confirmed its jurisdiction to hear the appeal, given the mixed nature of the relief granted.

Costs were awarded to the respondents.

The Court of Appeal for Ontario dismissed Tanya Rebello’s appeal from the order of Justice Robert Centa, which struck her statement of claim and dismissed her action regarding the erroneous transfer of her vehicle’s registration by ServiceOntario.

The court found no error in the motion judge’s findings that the claims were duplicative, constituted an abuse of process, and disclosed no reasonable cause of action.

The court also upheld the costs award against Ms. Rebello and declined to grant leave to appeal the costs order.

The appellant, Gaetano Di Blasi, appealed a trial order declaring a berm he constructed to be in breach of municipal bylaw, authorizing the Regional Municipality of York to enter his property for remediation, enjoining him from interfering with water flow, and requiring him to pay damages in nuisance.

He also appealed a contempt finding and a $10,000 fine for failing to comply with a 2014 order to remove the berm.

The Court of Appeal found no error in the trial judge’s decision, upheld the findings, and dismissed the appeal, awarding $25,000 in costs to the respondent.