Unrepresented

The applicant, Douglas LaFramboise, sought to set aside a prior trial decision on the basis of alleged perjury and fraud by the respondent, Sylvia Zwaan, and her counsel.

The court found no new evidence or grounds to support the application, noting that the issues had already been litigated and dismissed at both the trial and appellate levels.

The motion was dismissed as an abuse of process, and costs were awarded to the respondent.

The plaintiffs brought an in-writing motion for default judgment following the striking of the defendants' statement of defence due to repeated procedural non-compliance.

The court accepted the plaintiffs' method of service given the history of non-compliance and granted default judgment in the amount of $267,790.10 for breach of a development and construction services agreement and unjust enrichment.

The court also awarded pre-judgment interest, post-judgment interest, and partial indemnity costs.

The appellant mother appealed a summary judgment order placing her two young children in the extended care of the respondent children's aid society.

She argued the motion judge erred by denying her request for an adjournment, relying on inadmissible hearsay evidence, and misapplying statutory time limits under the Child, Youth and Family Services Act.

The Superior Court of Justice dismissed the appeal, finding the motion judge correctly prioritized the children's best interests and statutory timelines over the mother's late request for an adjournment, and made no reversible evidentiary errors.

The applicant sought a declaration that his ex-wife, the respondent, was an absentee under the Absentees Act and that he be appointed as the committee of her joint interest in a property.

The respondent had returned to India and ceased communication, causing the applicant difficulty in refinancing their jointly held mortgage.

The court found that survivorship was not an available remedy as there was no evidence of death.

Interpreting the Absentees Act remedially, the court declared the respondent an absentee pursuant to section 8 and appointed the applicant as the committee of her estate in Ontario, granting him power to manage, encumber, sell, or otherwise deal with her interest.

The court emphasized adapting statutory interpretation to modern globalized society and protecting the interests of those left behind.

The plaintiff brought a motion for a certificate of pending litigation (CPL) against a property, alleging that the defendant Tong Zang was fraudulently hiding her interest in it by having her son, Lawrence John Roy, take title.

The plaintiff had previously obtained a judgment against Zang and other CPLs on different properties, and despite Zang's assignment in bankruptcy, the plaintiff obtained an order under section 38 of the Bankruptcy and Insolvency Act to continue the action.

The court found that the plaintiff had established a reasonable chance of proving its claims that Zang was the true beneficial owner or that Lawrence's title was fraudulent.

The motion was granted, and a CPL was ordered to be issued against the property.

The Society sought an order for extended society care with no access for two young children.

The mother sought the return of the children to her care subject to supervision.

The court found the children in need of protection due to historical housing instability and conflict, but noted the mother had made significant progress, secured stable housing, and improved her parenting skills.

The court heavily criticized the Society for failing to expand the mother's access and for unreasonably opposing a temporary court order for overnight visits.

Concluding that the protection concerns could be mitigated by terms of supervision, the court dismissed the Society's application for extended care and ordered the children returned to the mother under a 9-month supervision order.

This was an uncontested trial where the applicant sought sole decision-making responsibility for their child, primary residence, ongoing and retroactive child support, and a divorce.

The respondent did not file an answer or appear.

The court granted the applicant sole decision-making authority, ordered the child to reside primarily with the applicant, imputed an income of $22,500 to the respondent for child support calculations, ordered ongoing child support of $197 per month, and retroactive child support of $3,152.

The divorce was also granted, with the court confirming reasonable arrangements for child support were in place.

The plaintiff purchaser brought a motion for summary judgment seeking the return of a $300,000 deposit and delayed closing compensation following a failed pre-construction real estate transaction.

The purchaser argued the vendor breached the Tarion Addendum by improperly setting closing dates and failing to obtain an occupancy permit.

The court found that the vendor's notices complied with the Tarion Addendum and that the agreement placed the obligation to obtain the occupancy permit on the purchaser.

The court concluded that the purchaser failed to close the transaction and ordered the $300,000 deposit forfeited to the vendor.

The applicant sought directions in an estate matter and an order declaring his brother, the respondent, a vexatious litigant under s. 140 of the Courts of Justice Act.

The respondent had engaged in a relentless campaign of harassing emails, threatened multiple baseless legal proceedings, accused the applicant and his lawyers of criminal conduct, and explicitly stated his intention to deplete the estate and ignore court orders.

The court found the respondent's conduct to be vexatious, restricted his ability to institute or continue proceedings without leave, and extended a no-contact injunction.

The court declined to strike the respondent's notice of objection at this stage but required him to pay costs before taking further steps.

The applicant mother sought a parenting order for the parties' child.

The respondent father, relying on Organized Pseudolegal Commercial Arguments (OPCA) and an order from an unrecognized alternative tribunal, challenged the court's jurisdiction.

The court rejected the respondent's jurisdictional arguments, finding them nonsensical and abusive.

Proceeding with the trial in the respondent's absence, the court granted the applicant sole decision-making and primary residence, with parenting time at her discretion, due to the respondent's history of family violence and overholding the child.

The applicant challenged the validity of her late mother's 2019 will, which left the estate to a defunct charity and appointed a neighbour's daughter as estate trustee.

The application was uncontested.

The court found the will invalid due to suspicious circumstances, including the deceased's documented brain injury and lack of capacity since 2012.

The court declared an intestacy, appointed the applicant as estate trustee, and allowed the estate to be processed as a small estate despite being marginally over the financial threshold.

The plaintiff contractor brought a motion for summary judgment in a construction lien action, seeking $68,790.00 for home renovation work.

The defendant homeowners argued they had contracted with a different company, which had a penalty clause for late completion, and that the plaintiff either assumed that contract or was a subcontractor.

The court dismissed the motion, finding genuine issues for trial regarding the contractual relationships, credibility of witnesses, and the enforceability of the penalty clause, which could not be resolved on the written record.

The applicant sought a declaration that the purported last will and testament of his late father was invalid.

The deceased had suffered a severe stroke resulting in left-sided paralysis and cognitive impairment shortly before the will was allegedly executed.

Relying on expert medical evidence and hospital records, the court found it was physically impossible for the deceased to have signed the will as alleged by the respondent.

The application was allowed and the will was declared invalid.

The mother brought a motion in a child protection proceeding seeking a temporary order to place the child with former kin caregivers.

The child had been placed with the father, but the father was recently incarcerated and denied bail.

The children's aid society sought to keep the child in the care of the father's partner.

Applying the augmented best interests test for an Indigenous child, the court found that placement with the kin caregivers was more stable and in the child's best interests, despite historical concerns regarding the kin's ability to foster the child's cultural identity, which could be mitigated through supervision and education.

The applicant mortgagee brought a motion for payment out of court of the proceeds from a municipal tax sale of a property.

The property was sold by the township for tax arrears, and the remaining funds of $94,444.92 were paid into court.

The court determined that the applicant had first priority as mortgagee and awarded it $78,528.35 for the mortgage, plus prejudgment interest and costs.

The respondent mortgagor was entitled to the residual amount of $8,986.33.

The children's aid society brought a status review application seeking to place a four-year-old child in Extended Society Care.

The child had been in care for over two years due to the mother's severe substance abuse and unstable lifestyle.

Although the mother had made significant progress in addressing her addiction and mental health issues over the past year, the court found she was not yet capable of parenting the child unsupervised on a full-time basis.

Given the child's need for permanency, the court ordered Extended Society Care but granted ongoing access, designating both the mother and the child as access holders.

The applicant beneficiary brought an application for directions regarding the passing of accounts in her late father's estate.

She challenged the estate trustee's claim for $28,409.29 in executor compensation and legal fees, arguing the trustee delayed producing accounts for nearly four years and failed to treat beneficiaries evenly.

The court agreed, finding the trustee was dilatory and lacked motivation to wind up the estate because she was living rent-free in an estate property.

The court reduced the executor's compensation to zero, reduced the legal fees to $3,750, and awarded costs to the applicant.

The Attorney General for Ontario applied ex parte for certiorari with mandamus to quash a Justice of the Peace's refusal to issue a production order against textPlus, Inc., a US-based company with a virtual presence in Canada.

The Superior Court found that the Justice of the Peace committed jurisdictional errors and errors of law by concluding that the order could not be enforced and by failing to follow binding horizontal precedent regarding virtual presence.

The Court granted the application, quashed the refusal, and compelled the Ontario Court of Justice to issue the production order.

The offender, a repeat firearms offender, was convicted of multiple offences including possession of a loaded prohibited firearm, possession of heroin for the purpose of trafficking, and flight from police.

After conviction, the offender cut his ankle bracelet and absconded, leading the court to proceed with sentencing in his absence.

The court applied the jump and totality principles, noting the offender's lengthy record and the serious danger posed by loaded handguns in public, ultimately imposing a global sentence of 15 years imprisonment less pre-trial custody credit.

The plaintiff brought three unopposed motions in writing regarding two proceedings arising from the same alleged slip and fall accident.

The first two motions sought to consolidate the two actions, as the plaintiff had initially sued an unknown property management company and later commenced a second action upon learning its identity.

The third motion sought leave to amend the statement of claim in the consolidated proceeding to reflect the correct parties.

The court granted the consolidation, finding the proceedings had common questions of fact and law, and granted leave to amend the pleadings to correct the misnomer and remove discontinued parties.