SCJ 2025

The decision concerns a shareholder dispute following the breakdown of business relations among the founders of Rideau Elevator Services Inc. and its holding company, 12319896 Canada Limited.

The court found that the defendants, Wilcox and Wheeler, unfairly disregarded Cullain’s reasonable expectations and oppressed him by dismissing him as an employee and purporting to remove him as a director.

The court granted Cullain’s motion for summary judgment, ordered the corporate defendants to purchase Cullain’s shares, and awarded damages for wrongful dismissal.

This costs endorsement addresses the entitlement and quantum of costs following a motion regarding the choice of school for the parties’ teenage children.

The respondent father, having succeeded on the motion, sought full recovery costs.

The court found the applicant mother’s conduct unreasonable but not in bad faith, and awarded the father elevated but not full recovery costs, fixing the amount at $4,000 inclusive of HST.

The plaintiffs sought and were granted leave to issue certificates of pending litigation (CPLs) against two parcels of land transferred by the defendant Jazzar Holdings Inc. to individuals believed to be the principal’s parents for nominal consideration, while a lawsuit was pending.

The court found a high probability of success in the main action, evidence of intent to defeat or delay creditors, and that the balance of convenience favoured the plaintiffs.

The order was made on an ex parte basis due to urgency and risk of dissipation of assets.

The court considered a motion by the defendants to strike out the plaintiff’s statement of claim, which alleged a conspiracy by the defendants to cause the plaintiff to lose his business and property through the misuse of regulatory and legal proceedings under the Retirement Homes Act, 2010.

The court found that most of the plaintiff’s claims were barred as an abuse of process, collateral attack, or because they relied on inadmissible evidence under the Act.

The court also found that the claims did not properly plead bad faith or conspiracy with sufficient particulars, and that the statutory immunity provisions protected the defendants for actions taken in good faith.

The statement of claim was struck in its entirety, with leave to amend denied.

This decision addresses a high-conflict family law matter involving parenting time, decision-making authority, and financial issues following the separation of S.M. (applicant) and N.E. (respondent).

The court reviews the respondent's repeated non-compliance with court orders, her failure to participate in proceedings, and the resulting orders for an undefended trial on financial issues.

The court ultimately denies the respondent's motion to set aside the undefended trial, grants the applicant sole decision-making authority for the child, and sets out detailed orders regarding child support, the matrimonial home, and costs.

This endorsement addresses two pre-trial evidentiary issues: (1) the use of a demonstrative aid (a chronological chart) in the plaintiff’s opening address to the jury, and (2) the order in which the plaintiff’s witnesses will be called.

The court allows the use of the demonstrative aid in the opening address, provided the term “head injury” is removed due to its potential to prejudice the jury.

The court declines to order the plaintiff to testify first, leaving the order of witnesses to the plaintiff’s discretion, but reserves the right to revisit the issue if trial efficiency or fairness is compromised.

The plaintiff sought leave to amend his Statement of Claim to add Melissa Corzo Reyes and Mark Ziegert as defendants in an action relating to a series of loans and subsequent real estate transactions.

The court granted the motion, finding that the amendments and addition of parties were appropriate and that no non-compensable prejudice would result.

The decision discusses the application of Rules 26.01 and 5.04(2) of the Rules of Civil Procedure, the test for amendments, and the addition of parties, referencing relevant case law.

The applicant, a former president and Life member of the Customs and Immigration Union (CIU), challenged the revocation of his Life membership, claiming it breached the CIU By-laws and seeking reinstatement.

The Court found that Life membership was an honorary status, not contractual, and that its revocation was not justiciable.

The application was dismissed for lack of jurisdiction, as the relationship did not create enforceable legal rights.

This costs decision follows a motion by Capitalplus Development Group Ltd. to discharge a claim for lien registered by 2698368 Ontario Inc. The court found that 269 did not have a lien and ordered the return of security posted by Capitalplus, but dismissed the remainder of the motion.

On costs, the court awarded Capitalplus $25,000 in substantial indemnity costs, to be paid jointly and severally by 269 and its principal, Yang Yu, within thirty days.

The court found Ms. Yang’s conduct in registering the lien to be reprehensible and determined that the corporate veil should be pierced to impose personal liability.

The court discounted the costs award due to Capitalplus’s partial lack of success on the motion.

The court granted judgment in favour of V2 Investment Holdings Inc. for a $12.9 million loan made to Sam Mizrahi and related corporate respondents, finding the debt liquidated and undisputed.

The respondents' arguments of bad faith and equitable set-off, based on alleged promises regarding mortgage registration and intercreditor agreements, were rejected as unsupported by the evidence.

The court found no binding agreement to amend the loan or enter a standstill, and no breach of the duty of honest performance.

Judgment was granted for the outstanding amount plus interest, with directions for further submissions on costs and interest calculations.

The court determined how to divide $406,000 in insurance settlement proceeds between a mother and son after a fire destroyed their family poultry processing plant.

The parties had rebuilt the plant using a combination of insurance, mortgages, and personal funds, but did not have a clear written agreement on how to divide any insurance settlement.

The court found that both parties contributed roughly equally to the reconstruction and ordered the insurance settlement to be divided equally.

Claims of unconscionability and unjust enrichment were rejected.

After a five-day judge-alone trial, James Nathan McLarnon was found guilty of sexual assault, multiple counts of assault with a weapon, assault with choking, assault, uttering threats to cause death, and unlawful confinement, all arising from intimate partner violence against the same complainant, M.C., between 2020 and 2021.

The Crown sought a seven-year global sentence; the defence proposed three years.

The court imposed a global sentence of five and a half years, reduced by pre-sentence custody and a modest "Duncan" credit for harsh pre-trial conditions, resulting in a final sentence of two years and 234 days.

The decision details the aggravating and mitigating factors, the application of the totality principle, and the ancillary orders imposed.

The court considered costs following a mixed-success application under the Ontario Business Corporations Act.

Although the applicants were awarded monetary relief, they failed on significant claims, including a request for 45% ownership and profits of the respondent corporation.

The court found success was divided and ordered each party to bear their own costs, referencing relevant offers to settle and prior case law on divided success.

This costs endorsement follows summary judgment in favour of the plaintiff, Samuel Stern, in a mortgage enforcement action.

The court awards substantial indemnity costs of $62,817.10 to the plaintiff, finding the defendant’s conduct intentionally delayed the proceedings and wasted time and expense.

The court reviews the contractual entitlement to costs, the relevant statutory and case law principles, and the proportionality of the costs award.

The decision addresses a motion by A.C. to enforce a prior order regarding parenting time and family systems therapy for the parties' child, D.C., following a history of domestic violence and high-conflict litigation.

The court finds that the respondent, K.C., has failed to comply with orders regarding both parenting time and therapy, and has unilaterally enrolled D.C. in individual counselling contrary to the court's direction for family systems therapy.

The court orders the resumption of parenting time, directs the parties to engage in family systems therapy, and retains jurisdiction to supervise compliance.

The court dismissed the defendant’s anti-SLAPP motion under section 137.1 of the Courts of Justice Act, finding that Facebook posts made by the defendant accusing the plaintiffs of corruption and bribery were not protected as fair comment.

The posts, which followed a controversial development approval in Niagara-on-the-Lake, were found to be based on falsehoods and reckless disregard for the truth, with the defendant admitting he had “no proof” for his accusations.

The court held that the harm to the plaintiffs’ reputation and business interests outweighed the public interest in protecting the defendant’s expression, and that the posts were motivated by an ulterior motive to thwart the plaintiffs’ development project.

This decision concerns a multi-count fraud prosecution against Richard Belbas, who was tried on 21 counts arising from four indictments.

The court reviews the elements of criminal fraud, the assessment of credibility, and the application of the law to a series of factual scenarios involving alleged fraudulent contracting and business practices.

The court finds Belbas guilty on multiple counts of fraud over and under $5,000, as well as breach of probation, and acquits on several counts where the evidence did not meet the threshold for conviction.

This decision addresses the Crown's application to admit similar fact evidence across multiple counts in a multi-count indictment involving allegations of physical and sexual abuse by parents against their children.

The court reviews the legal principles governing similar fact evidence, including the need for the Crown to clearly articulate the evidence, issues, and purposes for which such evidence is proffered, and the requirement that its probative value outweigh any prejudicial effect.

The court also considers the timing and form of the Crown's application, the potential for collusion or inadvertent tainting among witnesses, and the appropriate instructions to the trier of fact.

Ultimately, the court finds that the probative value of the similar fact evidence is high and the prejudice is low, granting the Crown's application to admit the evidence across counts.

The court considered cross-motions for summary judgment between Kishan Patel (and his company TechSpirer Inc.) and ITCAD Tech Inc. regarding unpaid invoices and the enforceability of a non-competition clause in a consulting agreement.

The court found that TechSpirer Inc. was an independent contractor, not an employee, and that the non-competition clause was valid and enforceable.

Damages were awarded to both parties, with the plaintiffs receiving unpaid invoices and punitive damages, and the defendant receiving partial damages for breach of the non-compete.

The court also addressed issues of frustration, repudiation, and costs.

The court considered a motion by the respondent, Ms. Stephenson, to amend her answer to assert trust claims regarding the matrimonial home, more than four years after the application was commenced.

The court reviewed the procedural history, the parties' positions, and the applicable legal principles regarding amendments to pleadings, including the presumption of prejudice arising from inordinate and unexplained delay.

The court found that Ms. Stephenson failed to provide a reasonable explanation for her delay, that the amendment would cause prejudice to the applicant not compensable by costs or adjournment, and that the interests of justice required the matter to proceed to trial on the existing pleadings.

The motion to amend was dismissed.