SCJ 2025

The Family Responsibility Office sought a warrant of committal against Orrett Fagan for non-payment of child support arrears and ongoing support, pursuant to a default order.

Fagan cross-moved to set aside or vary the default order, citing health issues and reduced income.

The court considered the factors for setting aside a default order under Rule 25(19) of the Family Law Rules, finding Fagan had an arguable defence but had not acted promptly and had a history of non-compliance.

The court suspended the committal order pending further proceedings, set new payment terms, and provided for future review and possible committal if Fagan failed to comply.

The Applicants, commercial landlords, sought a permanent injunction against the Developer and the Church regarding the use of a right-of-way (ROW) over a laneway behind their properties.

The court found that the Developer’s construction activities, including staging, parking, and storage, substantially interfered with the Applicants’ use of the ROW, particularly for parking and access by tenants and customers.

The court granted a permanent injunction restraining the Developer from obstructing the laneway and from allowing its workers to park directly behind the Applicants’ units, but declined to order removal of all construction equipment due to the stage of construction and delay in seeking relief.

The court dismissed the applicant's motion to strike the respondent's pleadings and for other relief, finding such an order would be disproportionate given the circumstances.

While there was imperfect and late compliance with court orders, new counsel had recently produced substantial disclosure, and most outstanding disclosure was sufficiently explained.

The court ordered costs of $3,000 payable by the respondent to the applicant and made procedural orders to streamline the matter toward resolution or trial.

The court dismissed the plaintiff's motion to reconsider its earlier decision denying specific performance of a land sale agreement, and refused to allow the plaintiff to amend his pleading to claim damages after trial.

The court found that the uniqueness of the property to a third party in a related case was irrelevant to the plaintiff's claim, and that the plaintiff's strategic choice to seek only specific performance precluded a late amendment.

Costs were awarded to the defendant.

The applicants sought a declaration that a contingency fee agreement (CFA) executed in October 2019 applied only to the trial award and not to the increased award on appeal or to a subsequent settlement.

The respondent law firm claimed entitlement to a 30% contingency on both the appeal award and settlement.

The court found that the CFA was a trial retainer only, that no valid contingency fee agreement existed for the appeal (as any alleged oral agreement failed to comply with the Solicitors Act requirement that contingency fee agreements be in writing), and that the CFA did not apply to the settlement.

The court awarded the lawyers fees on a quantum meruit basis for their appeal work.

The court considered a motion for an interlocutory proprietary injunction and leave to issue a certificate of pending litigation (CPL) over three development properties.

The Applicants advanced $16 million to the Respondents for property purchases, claiming a common intention that the properties would stand as security.

The Respondents argued the advances were loans or investments without property interests.

The court found a serious issue to be tried regarding an equitable mortgage and unjust enrichment, granted injunctions over two properties, and a limited injunction over the third to allow refinancing.

The court also found that, if necessary, a CPL would be granted.

The court acquitted R.C. of sexual assault, finding that the evidence left a reasonable doubt as to whether the sexual activity was non-consensual.

The decision reviews the evidence of both the complainant and the accused, as well as the testimony of a third-party witness, and applies the W.(D.) framework and other credibility assessment principles.

The court found the accused's version plausible and supported by some corroborative evidence, while the complainant's evidence contained inconsistencies and omissions.

The court emphasized the presumption of innocence, the burden of proof, and the need to avoid prohibited reasoning based on myths and stereotypes in sexual assault cases.

This decision concerns a motion under Rule 7 for court approval of a proposed settlement in a wrongful death action involving minor plaintiffs.

The case arose from a fatal pedestrian motor vehicle accident in which the deceased, Nadia Mozumder, was struck and killed at age 17.

The court considered whether the settlement and legal fees were fair and reasonable, and whether the requirements of Rule 7.08 were met.

The court approved the settlement, finding it within the range of reasonable values for similar cases, and commended counsel for their thorough preparation.

The Attorney General of Canada applied for a further detention order under section 490(3) of the Criminal Code in relation to items seized from the respondent, Mohammed Ehteshamul Huq, during an investigation into alleged fraud and related offences involving the Canada Emergency Wage Subsidy (CEWS).

The court reviewed the complexity of the investigation, the progress made, and the need for continued detention.

While recognizing the investigation's complexity, the court limited the further detention period to five months, until April 3, 2025, rather than the nine or twelve months sought by the applicant.

The court considered motions for security for costs and for summary judgment regarding a possessory lien under the Repair and Storage Lien Act (RSLA) in a dispute over helicopter repairs.

Mansfield Heliflight Inc. sought security for costs from USCAN Aviation Sales Ltd., while USCAN cross-moved for summary judgment to confirm its possessory lien and for an order requiring Mansfield to provide security.

The court dismissed the security for costs motion, finding USCAN had a good chance of partial success and that the defendant conceded some amount was owing.

The court granted a declaration that USCAN has a possessory lien over the helicopter, but declined to order Mansfield to pay security into court, maintaining the status quo until the amount of the lien is determined.

The court considered motions by the respondent, Mohammad Rahbar, to have the appellant, Nasya Peters, declared a vexatious litigant and for security for costs in relation to her appeal.

The court found that Ms. Peters had engaged in persistent, vexatious, and abusive litigation conduct, both in court and through communications with the respondent and his counsel.

The court declared Ms. Peters a vexatious litigant and ordered her to pay $10,000 into court as security for costs before she could continue her appeal.

The court approved a Notice Plan for a proposed settlement in a certified class action between Vecchio Longo Consulting Services Inc. and Aphria Inc. et al.

The Notice Plan, developed by class counsel and to be administered by RicePoint Administration Inc., was found to be fair, reasonable, and effective in providing adequate notice to class members regarding the settlement approval hearing and related matters.

The court confirmed that the plan met the requirements of the Class Proceedings Act, 1992, and ordered that the Notice Plan proceed as proposed.

This costs endorsement follows the court’s summary judgment decision in favour of HSBC Bank Canada against Antonio Guido, enforcing a guarantee and dismissing Guido’s $11 million counterclaim.

The court reviews the parties’ submissions on the scale and quantum of costs, ultimately awarding HSBC substantial indemnity costs, but in a reduced amount, having regard to proportionality, fairness, and reasonableness under Rule 57.01 of the Rules of Civil Procedure.

The decision addresses the contractual entitlement to substantial indemnity costs, the complexity and conduct of the litigation, and the appropriate adjustment of costs claimed.

The applicant mother brought an urgent motion to amend a temporary parenting order, seeking supervised parenting time for the father due to his alleged incitement of the children to make abuse allegations against her and her new husband.

The court found the matter urgent, determined that the father's conduct constituted emotional harm to the children, and ordered supervised in-person and virtual parenting time for the father, with the mother retaining decision-making responsibility.

The court also ordered disclosure of police and CAS records and set out a process for further proceedings and costs.

The accused, Abel Assefa, was charged with multiple counts relating to drug trafficking and firearms offences following an undercover police investigation.

The court found the evidence sufficient to convict on the count of possession of a loaded restricted firearm but entered acquittals on all other counts, finding the circumstantial evidence did not establish knowledge, consent, or control over the drugs and firearms found in the apartment beyond a reasonable doubt.

The court determined whether certain joint accounts held by the deceased, Christine Black, and her brother, Bruce Albert Chamberlain, were assets of the estate or a gift to Bruce.

The court found that Bruce failed to rebut the presumption of resulting trust and did not establish that the joint accounts were a valid gift.

The funds in the joint accounts were therefore declared assets of the estate for distribution to the residual beneficiaries.

The decision reviews the evidence, the parties' positions, and the applicable legal principles, including the need for corroboration under the Evidence Act and the requirements for establishing a gift of joint account funds.

The court sentenced James William Schwalm to life imprisonment with no eligibility for parole for 20 years after he pleaded guilty to the second degree murder of his wife, Ashley Schwalm.

The decision details the planning and execution of the murder, the subsequent cover-up, and the devastating impact on the victim’s family and children.

The court considered aggravating and mitigating factors, including the calculated nature of the offence, the absence of prior criminal record, and the guilty plea, ultimately finding that a parole ineligibility period above the usual range for intimate partner homicides was warranted.

This costs endorsement follows the dismissal of an application challenging the validity of Augustus Kenrick Forde’s will.

The court reviews the principles for awarding costs in estate litigation, ultimately ordering the applicant to pay 50% of the respondents’ partial indemnity costs, with the balance to be paid from the estate.

Claims for full indemnity costs and additional costs by the estate trustee are dismissed.

The court sentenced Carl Richard for convictions arising from a shooting at a Hamilton bar, including discharging a firearm with intent, possession of a loaded prohibited firearm, and assault with a weapon.

The court considered aggravating and mitigating factors, including Richard's lengthy criminal record, the seriousness of the offence, provocation, and harsh pre-trial custody conditions.

A global sentence of 10 years was imposed, less pre-trial custody and mitigation for harsh conditions, resulting in approximately 5 years and 11 months to be served.