Rene Larson

The applicant sought to discharge a claim for lien registered by the respondent on September 11, 2025, in the amount of $63,740 for roofing work.

The respondent claimed the lien was for work performed on August 16, 2025, to correct deficiencies and secure the manufacturer's warranty.

The court found that the cost of correction was approximately $580, which fell below the threshold for deemed completion under the Construction Act (1% of contract price or $5,000, whichever is less).

Since the correction costs were only $580 against a contract price of $198,000 (1% threshold of $1,980), the contract was deemed completed and the lien was out of time.

The claim for lien was discharged.

A police inspector brought a defamation action against a law student for an X post commenting on allegations of discriminatory treatment of officers on mental health leave at the Thunder Bay Police Service.

The defendant moved to dismiss the action under s. 137.1 of the Courts of Justice Act (anti-SLAPP motion).

The court found that while the expression related to a matter of public interest, the defendant established a valid defence of justification based on publicly available information from news articles and Human Rights Tribunal of Ontario proceedings.

The court also found that the public interest in protecting the defendant's expression on matters of significant public concern outweighed any harm to the plaintiff's reputation.

The motion was granted and the defamation action was dismissed.

The Court of Appeal for Ontario allowed the appeal from an order refusing to set aside a default judgment against Len’s Cove Marina Ltd. The court found that the motion judge erred in weighing the relevant factors for setting aside a default judgment, particularly by failing to recognize the presence of an arguable defence and a plausible explanation for the default.

The court emphasized that the interests of justice favoured a determination on the merits and set aside the default judgment, granting the Marina 30 days to deliver its statement of defence.

The defendant, Len's Cove Marina Ltd., brought a motion to set aside a default judgment obtained by the plaintiff, Thomas McIlwain, concerning a defective boat.

The court dismissed the motion, finding the Marina's explanations for its significant delay in responding to the claim and the default judgment implausible.

The court also determined that the Marina did not present an arguable defence on the merits, particularly regarding its reliance on a manufacturer's warranty not directly applicable to the claim against the Marina for selling an unmerchantable product.

The court concluded that setting aside the judgment would not serve the overall integrity of the administration of justice, given the unreasonableness of the Marina's conduct.

This endorsement concerns the costs award following a judgment in favour of Finn Way General Contractor Inc. for $134,606.

Finn Way sought $85,000 in costs, while Superior Masonry (Thunder Bay) Ltd. proposed $25,000.

The court, applying Rule 57.01 of the Rules of Civil Procedure, fixed costs at $25,000 plus HST and disbursements, disallowing travel expenses for out-of-town counsel as no special expertise was required.

The applicants sought removal of an attorney for property and appointment of themselves as guardians of their mother's property and person under the Substitute Decisions Act, 1992.

Capacity assessments established that the mother was capable regarding personal care and capable of appointing an attorney for property, although incapable of managing property.

The evidence also indicated she did not wish the applicants appointed as guardians and was satisfied with the existing attorney.

The court held that a guardianship order was unnecessary because the existing power of attorney constituted a less restrictive alternative under s. 22(3) of the Act.

The application for guardianship was dismissed, but the court ordered the attorney to pass accounts given that more than ten years had elapsed since the last accounting.