SCJ 2025

The court considered whether Jason Buick, who pleaded guilty to armed robbery and dangerous driving, should be declared a dangerous offender and receive an indeterminate sentence.

Both parties agreed that Buick met the statutory criteria for a dangerous offender under s.753(1)(a)(ii) of the Criminal Code.

The main issue was whether a determinate sentence, possibly followed by a long-term supervision order (LTSO), would adequately protect the public.

After reviewing expert psychiatric evidence, Buick’s history, and the available supervision and treatment options, the court found there was no reasonable expectation that anything less than an indeterminate sentence would manage the risk of violent re-offending.

The court imposed an indeterminate sentence and made ancillary orders.

This decision resolves a complex family law dispute involving property division, beneficial ownership, child and spousal support, and related trust and equalization claims.

The court found that the Quinn Property was always beneficially owned by the spouses, despite title transfers, and that Omar was the true owner of Cedar Woodwork Inc. The court ordered an unequal division of net family property due to Omar’s reckless depletion of assets and lack of disclosure, and set child and spousal support based on imputed income.

The judgment also addresses the enforceability of an alleged vendor take-back mortgage and the parties’ credibility.

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

The decision records the date, file number, and citation for R. v. Pringle, 2025 ONSC 1581, but does not provide substantive reasons or analysis.

The applicants sought to quash licensing by-laws enacted by the Township of Tiny to restrict short-term rentals (STRs), arguing the by-laws were a disguised zoning by-law and ultra vires the Municipal Act.

The Court found the by-laws were a valid exercise of municipal authority, rationally connected to legitimate objectives such as health, safety, and consumer protection, and not a disguised zoning by-law.

The application was dismissed.

The decision concerns the approval of a reverse vesting order (RVO) in the context of insolvency proceedings under the Companies' Creditors Arrangement Act (CCAA).

The Court-appointed Monitor sought approval for a transaction involving the sale of all shares of the Purchased Companies to North Mill Equipment Finance LLC, the granting of related releases, a sealing order, and an extension of the stay of proceedings.

The court reviewed the necessity and fairness of the RVO structure, the process leading to the transaction, and the impact on stakeholders, ultimately granting the relief sought.

The plaintiff, Gabriela Lucuta, sought to set aside a 2019 consent order dismissing her medical malpractice action against Dr. David Stevens, Dr. Peter Stevenson, and Grand River Hospital, arguing that her agreement to settle was obtained under duress and unconscionability.

The court found no evidence of threats, coercion, or improvident bargain, and held that the settlement was fairly negotiated.

The motion was dismissed.

The court dismissed a motion for partial summary judgment brought by Caroline Manon Labonte regarding a commercial mortgage dispute involving Browns Clearwater West Lodge Inc. and related parties.

The court found that the motion did not meet the criteria for partial summary judgment, as it would not make the litigation cheaper, faster, or avoid inconsistent findings.

The court also enjoined Labonte from taking further steps to enforce a notice of sale and demand for possession until further court order, and addressed costs and case management issues.

The court dismissed the motion for summary judgment and partial summary judgment brought by Labonte regarding a commercial mortgage dispute.

The court found that the motion did not advance the litigation and that the issues, including the right to set off and the meaning of the contract, required a trial.

The court also enjoined Labonte from taking further steps to enforce the notice of sale and demand for possession until further court order, and addressed costs and case management going forward.

The decision addresses a temporary motion by the mother to relocate the parties’ two children from Toronto to Winnipeg.

The court found that the mother established a material change in circumstances, including a new job in Winnipeg, better housing, and family support.

The court considered the best interests of the children under the Divorce Act and relevant case law, ultimately granting the mother’s request to relocate with the children on a temporary basis, with detailed provisions for the father’s parenting time and travel arrangements.

The City of Waterloo sought and was granted interlocutory statutory and quia timet injunctions to restrain "persons unknown" from violating the City's Nuisance Party By-law in connection with anticipated unsanctioned St. Patrick’s Day street parties.

The court found a clear breach of the by-law, significant unrecoverable public costs, and a high probability of irreparable harm.

The decision reviews the legal standards for statutory and quia timet injunctions, the public interest in enforcement, and the limited impact on Charter rights.

This decision concerns a construction lien action arising from a condominium project at 200 Woodbine Avenue, Toronto.

Elembe (LMB) Mechanical Ltd. claimed for unpaid contract work and extras, while Two Hundred Inc. counterclaimed for overpayment and deficiencies.

The court found that LMB had partially proved its claim for extras and was entitled to an earned and unpaid contract balance, but failed to prove that any amounts were due and payable as of the date it suspended work.

The court also found that LMB breached the contract by suspending and abandoning work, resulting in the expiry of its lien rights.

Two Hundred Inc. failed to prove its counterclaim for deficiencies.

Judgment was granted to LMB for the unpaid contract balance, but its lien was declared expired.

The accused, C.N., was charged with sexual assault and sexual interference involving a seven-year-old complainant, V.V. The trial turned on the credibility of the child witnesses and the accused.

The court reviewed the evidence, including video surveillance, police interviews, and testimony, and applied the legal framework for assessing credibility and adverse inferences.

The judge found the accused's evidence not credible, accepted the core of the complainants' evidence, and convicted C.N. on both counts.

This costs endorsement addresses the appropriate scale and quantum of costs following the plaintiffs’ successful resistance to the Gamma defendants’ motion to quash a summons to witness.

The court declines to award substantial indemnity costs, finding no litigation conduct warranting sanction, and instead fixes partial indemnity costs at $12,000, inclusive of disbursements and HST, to be paid by the Gamma defendants to the plaintiffs within 30 days.

This decision concerns a motion to change child support for an adult disabled child.

The court reviews the parties' history, the child's circumstances, and the relevant legal framework, including the impact of ODSP benefits and the discretion under the Child Support Guidelines for adult children.

The court finds that the father’s proposal of $200 per month is reasonable, given the evidence and the parties’ financial circumstances, and orders repayment of the father’s overpayment at $50 per month.

The court considered an application by Misty Wilson to vary the spousal support terms of a 2018 separation agreement, seeking a retroactive and prospective increase and security for support.

The court found a material change in circumstances due to the cessation of child support obligations and an increase in Dan Wilson’s income, but declined to order retroactive support before January 1, 2023, or require life insurance security.

Spousal support was increased to $1,000 per month effective January 1, 2023.

The court granted summary judgment in favour of Stacey Lee Crawford, declaring her the owner of her former family home and setting aside a default judgment obtained by Veeru Kantoor.

The decision addresses the validity of a second mortgage registered by Dinesh Khanna and Metro Financial Planning Limited, finding that the mortgage amount was altered without Crawford’s consent and that the business practices of Khanna and Metro were essentially illegal.

The court found that the default judgment and subsequent transfer of the property were tainted by fraud and lack of proper accounting, and ordered the property returned to Crawford, with remaining accounting issues to proceed to trial.

This costs decision addresses the aftermath of a motion/application in which the applicants sought to convert an application to an action, amend parties, and obtain interim relief regarding property.

The court declined to fix costs for the entire application, limiting its award to the motion before it.

The Canadian Imperial Bank of Commerce (CIBC) was awarded partial indemnity costs, while no costs were awarded as between the applicants and the Quddus respondents due to mixed success.

The decision reviews the principles governing costs, including the principle of indemnity, reasonableness, and the impact of consent adjournments.

The court considered whether Charles Duku was criminally responsible for arson and mischief, following a trial in which he was found guilty.

After conviction, the Crown sought a verdict of Not Criminally Responsible (NCR) under section 672.34 of the Criminal Code, based on psychiatric evidence that Mr. Duku was suffering from active psychosis at the time of the offence.

The court accepted the expert evidence and the respondent’s consent, finding that Mr. Duku was not criminally responsible due to mental disorder.

The court considered a motion for default judgment by the Bank of Montreal against Andrzej and Associates Property Management Inc. and Miguel Russell.

The claim arose from a dishonoured cheque deposited into the corporate account.

The court found the corporate defendant liable for the amount of the cheque and costs, but declined to find personal liability or fraud against Russell, nor to award punitive damages.

The court discussed the legal standards for default judgment, fraud, oppression under the OBCA, and punitive damages, ultimately granting judgment only against the corporation.

This costs endorsement follows an unsuccessful anti-SLAPP motion brought by the defendant, a former employee, who had made damaging and unsubstantiated allegations against the plaintiff, his former employer.

The court found the defendant's campaign of correspondence to be extortionate and awarded the plaintiff $50,000 in costs, exercising discretion under the Courts of Justice Act.