Superior Court of Justice

Cette décision porte sur la compétence des tribunaux de l’Ontario ou du Québec pour traiter des questions parentales concernant l’enfant Ivy-Jesse, née en 2016.

Après un historique complexe de déplacements entre provinces et de procédures judiciaires, la Cour supérieure de justice de l’Ontario conclut qu’elle n’a pas compétence pour instruire la requête de la mère, la résidence habituelle de l’enfant étant demeurée au Québec en raison d’un déplacement illicite.

La cour rappelle les principes de la Loi portant réforme du droit de l’enfance et de la jurisprudence pertinente, et confirme que les ordonnances temporaires de l’Ontario demeurent en vigueur jusqu’à ce qu’elles soient remplacées par une ordonnance du tribunal compétent au Québec.

The court granted summary judgment in a child protection proceeding, finding the child, T.O., in need of protection and placing her in the deemed custody of her father, J.O., with supervised access to her mother, B.R. The decision reviews the history of parental conflict, the mother’s mental health and repeated unfounded allegations of sexual abuse, and the father’s progress in addressing his own issues.

The court found no genuine issue requiring a trial and concluded that the mother’s lack of insight and continued behaviour posed ongoing risk to the child.

The court determined the appropriate prejudgment and post-judgment interest rates following an award of damages and punitive damages to the plaintiff for the improper registration of a certificate of pending litigation.

The court found that prejudgment interest should run from the date the certificate was registered, calculated at an average rate reflecting market changes, and that post-judgment interest applies to all amounts owing under the order, including costs.

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

The court considered whether to depart from the statutory prejudgment interest (PJI) rate under the Courts of Justice Act in favour of a higher rate, following a breach of an agreement of purchase and sale.

The plaintiff sought a higher PJI rate based on market returns and the circumstances of the case.

The court found that the statutory rate undercompensated the plaintiff and, after reviewing the relevant statutory factors and case law, exercised its discretion to award a higher average rate of 3.17%.

This decision concerns the prosecution of Victor Perez for multiple sexual offences against a 12-year-old complainant, H.D. The court addresses the admissibility and credibility of evidence, the application of the defence of mistake of age, and the sufficiency of steps taken by the accused to ascertain the complainant’s age.

The court finds Perez guilty on six counts, including invitation to sexual touching, sexual assault, sexual interference, luring, and making child pornography, but not guilty on a count of breaching a prohibition order.

The judgment provides detailed analysis of the law on circumstantial evidence, credibility, child witness evidence, and the legal standards for mistake of age and sexual offences involving minors.

The applicant sought an order for the sale of the matrimonial home, an interim disbursement or advance on equalization, preservation and non-depletion orders, and costs.

The court found that only the interim disbursement/advance issue was properly before the court, but issued an order for the sale of the matrimonial home by agreement.

The applicant did not meet the burden for an interim disbursement or advance.

The respondent was awarded partial costs.

The plaintiff, Justin Ngan, brought a motion to partially discontinue his claim, amend his pleadings, and certify the action as a class proceeding regarding the calculation of holiday and vacation pay by The Bank of Nova Scotia.

The defendant consented to the motion.

The court granted the orders, finding the amendments and discontinuance reasonable and the class action appropriate for certification.

The class includes employees who received incentive or variable compensation, and the common issues focus on whether such compensation should be included in statutory pay calculations under the Canada Labour Code.

The court found Rysard Rzadkowski not guilty of attempted murder but guilty of aggravated assault and weapons dangerous, following an incident in which he stabbed his landlord.

The decision turned on whether the Crown had proven the specific intent required for attempted murder.

The court concluded that, while the attack was premeditated and the injuries were life-threatening, the evidence did not establish beyond a reasonable doubt that Rzadkowski intended to kill the complainant.

The court accepted the complainant’s account as credible and reliable, and found the accused’s explanations to be implausible and contradicted by the evidence.

This costs endorsement addresses the appropriate scale and quantum of costs following the dismissal of an injunction motion brought by Condoman Developments and related parties to restrain enforcement of a $46 million mortgage by Cannect and related defendants.

The court upholds the contractual right to full indemnity costs in favour of the mortgagees, finding the mortgage terms binding and the amount claimed reasonable given the scale and complexity of the litigation.

The court distinguishes prior cases and awards Cannect $268,500 in costs.

The Bank of Nova Scotia sought leave to issue a notice of garnishment to enforce a 2014 judgment against Ronald William Arnold, after more than six years had passed.

The court reviewed the requirements under the Rules of Civil Procedure for seeking such leave, including the need to show no waiver or acquiescence by the plaintiff and the absence of detrimental reliance by the defendant.

The court found that the Bank had made continuous efforts to enforce the judgment and contact the defendant, who acknowledged but refused to pay the debt.

The court granted leave to issue the notice of garnishment.

The decision concerns the prosecution of Rasim Kaba and Hassan Talebi for importing and possessing opium for the purpose of trafficking, and conspiracy to commit those offences.

The court reviews the evidence, including the defendants' backgrounds, their relationship, the importation process, intercepted communications, and the police investigation.

The court finds both defendants' explanations implausible and concludes that the only reasonable inference is that both knew of the opium and conspired to import and traffic it.

Both are found guilty on all counts.

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

This costs endorsement follows the dismissal of an appeal by the Defendants, David Wu and Opus Fitness Investment Inc., against a decision of Associate Justice Perron.

The Defendants argued that the Plaintiff, Ottawa Credit Exchange Limited, increased costs by raising a new argument on appeal.

The Court disagreed, finding the Plaintiff’s argument was responsive and that the Defendants themselves increased costs by raising an unfounded jurisdictional argument.

The Court awarded costs to the Plaintiff in the amount of $4,881.60, inclusive of HST.

The court sentenced Daniel Keefe to life imprisonment with parole ineligibility for 10 years after a jury found him guilty of second degree murder.

The decision reviews the facts of the offence, the impact on the victim’s family, the legal parameters for sentencing, and the positions of Crown and defence.

The court accepted a joint submission for the minimum period of parole ineligibility, citing the offender’s youth, lack of criminal record, and absence of aggravating factors.

Ancillary orders were also imposed, including a lifetime weapons prohibition, DNA order, and non-communication orders.

The plaintiffs, Michael Christopher Giamou and Loren Andrea Giamou, sought damages for a vendor take-back mortgage (VTB) against Naeem Ahmed, who counterclaimed for civil fraud and negligent misrepresentation, alleging the plaintiffs failed to disclose a foundation leak.

The court denied Ahmed’s request for an adjournment and found that the VTB was enforceable, as Ahmed admitted to its terms and failed to make any payments.

The court held that the foundation leak was a patent defect, discoverable by inspection, and that the plaintiffs had not concealed it.

Ahmed’s counterclaim was dismissed, and the plaintiffs were awarded $320,000 plus prejudgment and post-judgment interest at 18%.

This decision concerns a failed real estate transaction between Brighton Breeze Ltd. and Noel Property Management Ltd. for a waterfront property in Brighton, Ontario.

The dispute centered on a notice registered on title by a neighbouring condominium corporation, which led to the collapse of the sale.

The court found that Noel was entitled to rely on the annulment clause in the Agreement of Purchase and Sale (APS) after Brighton failed to waive its objection to title.

The court dismissed Brighton’s claim for specific performance, ordered the discharge of the Certificate of Pending Litigation (CPL), and granted summary judgment in favour of Noel.

The Bank of Montreal brought an action to collect moneys due under a line of credit agreement.

The only issue was whether the defendant, Joseph Ieradi, entered into the agreement personally or on behalf of his corporations.

The court found that the agreement was personal, not corporate, and that the defendant was personally liable for the debt, despite the absence of the original written agreement.

The court relied on secondary evidence and the parties' conduct to reach its conclusion.

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