SCJ 2025

The court granted summary judgment in favour of HSBC Bank of Canada and HSBC Securities Canada Inc., dismissing Kenneth James's claims for conversion, intentional interference with economic relations, defamation, and punitive damages.

The court found that HSBC acted within its contractual and legal rights in freezing and managing the plaintiff’s accounts following criminal charges and a restraining order, and that all funds (except those in Hong Kong, over which HSBC Canada had no control) were returned to the plaintiff after his acquittal.

The court held there was no genuine issue requiring a trial.

The decision concerns a motion to strike brought by the City of Kenora and individual defendants against 5901058 Manitoba Ltd.'s action regarding a failed land development transaction.

The plaintiff alleged breach of contract, negligent misrepresentation, unjust enrichment, constructive taking, and misfeasance in public office after the City refused to sell municipal land as agreed, instead pursuing a sale to the Ontario Provincial Police.

The court dismissed most grounds for striking, allowing the plaintiff’s claims (except for misfeasance in public office) to proceed, finding they disclosed reasonable causes of action.

The court voided six promissory notes and struck out related mortgages registered by the plaintiffs against the defendants' properties, finding that the notes were materially altered without consent, contrary to the Bills of Exchange Act.

The court also declined to grant equitable mortgages or certificates of pending litigation, citing the plaintiffs' inequitable conduct and failure to meet statutory tests.

The decision addresses issues of forged notes, after-acquired property, corporate personality, and the application of the Family Law Act to matrimonial homes.

The accused, Patrick Gordon MacDonald, was charged with terrorism offences for participating in or contributing to the production of three recruitment videos for the Atomwaffen Division (AWD), a white supremacist terrorist group.

The court found that MacDonald participated in the production and online posting of these videos and other images promoting AWD’s violent neo-Nazi ideology, with the intent to recruit others and facilitate terrorist activity.

The court accepted expert evidence that AWD was a terrorist group in 2018-2019, and found that MacDonald’s actions met the requirements for participation, facilitation, and wilful promotion of hatred under the Criminal Code.

MacDonald was found guilty on all counts.

The court considered whether a United States gift tax liability arising from a 2009 transfer of Florida property by the deceased, Carolyn Alexander, was a just debt of her Ontario estate.

The applicant, Carrie Lynn Dyjack, sought the court’s direction after paying the tax and related expenses personally.

The court found that the U.S. Gift Tax was a proper liability of the estate, rejecting the respondent’s arguments that the tax was not intended to be paid from the estate, that it was a “charge” payable by the beneficiary under the Succession Law Reform Act, or that it was unenforceable in Canada.

The court ordered the estate to reimburse the applicant for the tax and related expenses.

This addendum addresses the transition period for temporary parenting time and child support following the separation of Daniel Adam Wojick and Lindsay Kristin Wojick.

The court clarifies the implementation of a 50/50 parenting schedule and considers the respondent’s proposed transitional arrangements, ultimately affirming the original decision for an earlier transition to equal parenting time.

This decision grants an interlocutory injunction exempting all existing supervised consumption sites (SCSs) in Ontario from the operation of section 2 of the Community Care and Recovery Act, 2024, pending a final decision on the merits.

The court finds that the three-part test for injunctive relief is met: there is a serious issue to be tried regarding Charter rights, irreparable harm would result from SCS closures, and the balance of convenience favours the applicants.

The ruling details the public health crisis of opioid use, the role of SCSs in harm reduction, and the disproportionate impact of closures on marginalized populations.

This endorsement addresses outstanding issues between Katherine Britton and Nicholas Leigh following the breakdown of their relationship, including parenting matters for their child, Eleanor, and division of property.

The parties participated in a Binding Judicial Dispute Resolution (JDR) hearing, resolved several issues, and set out procedures for travel, childcare, and communication.

Remaining property issues are to be discussed at a continuation of the JDR.

The court approved a $30 million settlement in a class action brought by shareholders of Aphria Inc. against the company and two of its officers, alleging misrepresentations in public disclosures about major business acquisitions.

The settlement was reached on the eve of trial after extensive discovery and negotiation, with the court finding the terms fair and reasonable given the risks of trial and potential insolvency proceedings.

The court also approved class counsel fees, disbursements, a levy to the Class Proceedings Fund, and an honorarium for the representative plaintiff.

This ruling addresses whether Anne Meehan, a plaintiff, is competent to testify at trial.

The court reviews medical assessments of Ms. Meehan’s capacity, the statutory requirements under the Ontario Evidence Act, and the parties’ arguments regarding the necessity and form of a competency examination.

The court concludes that a voir dire is required to determine Ms. Meehan’s competency, as mandated by section 18(2) of the Evidence Act, and clarifies that such an examination need not occur in a formal courtroom setting.

The defendant, Hydro One Networks Inc., moved for a temporary stay of an action brought by Nyon Oil Inc. and 1170367 Ontario Inc. regarding land ownership and rights to operate electricity transmission infrastructure.

The court considered the overlap and differences between the Superior Court action and a parallel Ontario Energy Board proceeding, ultimately granting a one-year stay to allow the Board to determine expropriation and related issues first.

The court found that the Board had exclusive jurisdiction over the ongoing operation of the transmission system and that a stay would avoid inconsistent findings and protect the public interest.

The court sentenced Josue Varela Granado for a series of offences including possession of a loaded prohibited firearm, possession of cocaine for the purpose of trafficking, impaired driving, and related offences.

The court found the circumstances to be at the most serious end of the spectrum for true crime firearm possession, emphasizing the aggravating factors of impairment, public possession, and resistance to arrest.

The total sentence imposed was seven years and 15 days, with ancillary orders including a DNA order, weapons prohibition, forfeiture, and a driving prohibition.

The court considered mitigating factors such as youth, rehabilitative potential, family support, and harsh pre-sentence custody conditions, but prioritized deterrence and denunciation.

The decision concerns the admissibility of ante-mortem statements made by the deceased, Elvie Sig-od and Angelica Sig-od, in the prosecution of Godfrey Sig-od for their murders.

The Crown sought to admit out-of-court utterances and statements under the principled exception to the hearsay rule, arguing necessity and reliability.

The court reviewed the circumstances of the statements, the relationship history, and the legal standards for necessity and threshold reliability, ultimately admitting the statements with some exclusions for prejudicial content.

The decision concerns a bail application by Gurpreet Singh, who is sought for extradition to the United States on charges related to large-scale cocaine trafficking.

Singh proposed a strict house arrest bail plan with GPS monitoring and multiple sureties.

The court found the plan had strengths but ultimately denied bail due to a high risk of flight, citing Singh’s international connections, travel history, and lack of credible financial disclosure.

The application was dismissed.

The reasons for judgment in this case are not available at this time.

The court considered whether Parkland Corporation was entitled to a permanent injunction and other relief against 2700455 Ontario Inc. for breach of an exclusive fuel supply agreement.

The court found that 270 breached the agreement by failing to provide a security deposit and by selling non-Parkland fuel.

The court rejected arguments of frustration and fundamental breach, held the exclusive supply clause enforceable, and granted a permanent injunction prohibiting 270 from selling non-Parkland fuel.

Damages were left for trial, and costs were awarded to Parkland.

This decision concerns the ongoing Companies’ Creditors Arrangement Act (CCAA) proceedings involving Hudson’s Bay Company ULC and related entities.

The Court addresses the extension of the stay of proceedings, approval of a liquidation sale, lease monetization process, and a sales and investment solicitation process (SISP).

The Court also considers the repayment of the DIP facility, approval of a Key Employee Retention Plan (KERP), and a sealing order for confidential employee information.

The Court grants most of the relief sought, defers approval of the Restructuring Support Agreement to allow further stakeholder review, and provides detailed reasons for each order.