Decisions of the Court

• 2025-04-16 Condoman Developments v. Cannect International Mortgage, 2025 ONSC 2318 (CanLII)
  Key Words: Contracts — Mortgage agreements — Costs provisions — Full indemnity costs — Lender sought full indemnity costs under the mortgage agreement following dismissal of an injunction motion — Should the lender be awarded full indemnity costs as per the contractual terms of the mortgage? — Contractual provisions for costs are binding if fair and reasonable, subject to the court’s discretion under section 131 of the Courts of Justice Act<br />Obligations — Mortgage enforcement — Costs provisions — Applicability to interlocutory motions — Borrower argued that costs provisions in the mortgage agreement did not apply to an interlocutory injunction motion — Are the costs provisions in the mortgage agreement applicable to an interlocutory injunction motion? — Costs provisions in the mortgage agreement apply to all legal fees “in relation to this loan,” including enforcement actions<br />Civil procedure — Costs awards — Discretion of the court — Borrower argued for partial indemnity costs despite contractual terms for full indemnity — Does the court have discretion to reduce costs despite a contractual provision for full indemnity costs? — Court discretion is limited by the contractual terms, which must be respected unless they are unreasonable or unfair
• 2025-04-16 Aghdasi v. Asiyaban et al., 2025 ONSC 2346 (CanLII)
  Key Words: Property — Certificate of pending litigation — Improper registration — Damages awarded for improper registration of a certificate of pending litigation — Plaintiff awarded $241,000 in compensatory damages and $100,000 in punitive damages — Whether the improper registration of a certificate of pending litigation caused the plaintiff’s loss — Governing principles under the Courts of Justice Act, s. 103(4)<br />Civil procedure — Prejudgment interest — Commencement date — Improper registration of a certificate of pending litigation — Prejudgment interest awarded from the date the certificate was registered until the date of judgment — Whether the cause of action arose at the time of registration — Courts of Justice Act, R.S.O. 1990, c. C.43, s. 128(1)<br />Civil procedure — Prejudgment interest — Interest rate — Fluctuating market rates — Court exercised discretion to apply an average interest rate of 3% over the litigation period — Whether statutory interest rate of 0.5% should apply or be adjusted due to market changes — Courts of Justice Act, R.S.O. 1990, c. C.43, s. 130(1), s. 130(2)<br />Civil procedure — Post-judgment interest — Applicability to all monetary awards — Post-judgment interest rate of 7% applied to compensatory damages, punitive damages, and costs — Whether post-judgment interest applies to punitive damages and costs — Courts of Justice Act, R.S.O. 1990, c. C.43, s. 129(4)(a)
• 2025-04-16 Curridor v. Millstone Homes Inc., 2025 ONSC 2368 (CanLII)
  Key Words: Contracts — Prejudgment interest — Breach of agreement of purchase and sale — Defendant breached agreement, depriving Plaintiff of property and equity access — Should the court exercise discretion to increase prejudgment interest rate under section 130(1) of the Courts of Justice Act? — Discretionary increase justified by unusual or special circumstances — Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 128, 130(1)<br />Statutory interpretation — Prejudgment interest — Factors under section 130(2) of the Courts of Justice Act — Changes in market interest rates, conduct of parties, and other relevant considerations — Do these factors justify a departure from the statutory prejudgment interest rate? — Legislative intent requires unusual or special circumstances to deviate from statutory rates — Courts of Justice Act, R.S.O. 1990, c. C.43, s. 130(2)<br />Civil procedure — Delay in proceedings — Conduct of Defendant — Allegations of fraud and refusal to settle unnecessarily lengthened litigation — Did the Defendant’s conduct justify an increased prejudgment interest rate? — Defendant’s actions caused delays, including refusal to accept settlement offer — Courts of Justice Act, R.S.O. 1990, c. C.43, s. 130(2)(f)
• 2025-04-15 R. v. Kirkpatrick, 2025 ONSC 2251 (CanLII)
  Key Words: publication ban — identity — rescind — reinstated — ruling
• 2025-04-15 Panchyshyn v. Pietron, 2025 ONSC 2324 (CanLII)
  Key Words: Estates and trusts — Removal of estate trustee — Interim removal — Respondent’s health issues — Respondent unable to fulfill duties as executrix and trustee due to health challenges — Applicants appointed as interim executors pending final determination — Does the Respondent’s inability to fulfill fiduciary duties justify interim removal? — Court’s inherent jurisdiction to protect beneficiaries and ensure proper estate administration<br />Civil procedure — Interim orders — Authority to remove estate trustee on an interim basis — Court’s power to make interlocutory orders under Rule 50.13(6) and Rule 74.15(1)(i) — Does the court have jurisdiction to appoint interim executors without a final determination under the Trustee Act? — Framework for interim relief in estate proceedings<br />Estates and trusts — Compliance with court orders — Failure to disclose estate information — Respondent’s non-compliance with prior court orders regarding disclosure and sale of estate property — Does failure to comply with court orders endanger the administration of the estate? — Legal principles governing fiduciary duties and resulting trust presumption

Superior Court of Justice Divisional Court Recent Decisions

• 2025-04-11 AIG Insurance Company v. Riddell, 2025 ONSC 1979 (CanLII)
  Key Words: Administrative law — Judicial review — Interlocutory decisions — Adjournment requests — Exceptional circumstances — Should the court grant judicial review of an interlocutory decision denying an adjournment request? — Judicial review of interlocutory decisions requires exceptional circumstances, including errors in principle or unfairness in the decision-making process<br />Insurance — Statutory Accident Benefits Schedule (SABS) — Catastrophic impairment — Adjournment denial — Did the Licence Appeal Tribunal err in denying the adjournment request by failing to consider the complexity of the case, the interests of the parties, and counsel’s obligations? — Tribunal decisions must balance institutional concerns with fairness to the parties<br />Civil procedure — Stays of proceedings — Irreparable harm — Balance of convenience — Does the denial of the adjournment cause irreparable harm to the parties, and does the balance of convenience favour granting a stay? — Stay granted where denial of adjournment causes prejudice and alternatives are unreasonable
• 2025-04-11 Tuffco Inc. v. Zeppieri et al, 2025 ONSC 2113 (CanLII)
  Key Words: fixed — writing — payable — motion — leave
• 2025-04-11 Birch Equities Limited v. Jacobs, 2025 ONSC 1827 (CanLII)
  Key Words: Lease — Residential tenancies — Rent abatement — Removal of roof deck — Tenant applied for rent reduction under section 130 of the Residential Tenancies Act, 2006 — Landlord offered courtyard space as replacement — Did the removal of the roof deck constitute a discontinuance of a facility? — Governing principles for determining discontinuance versus change under section 130 of the Residential Tenancies Act, 2006<br />Administrative law — Standard of review — Correctness — Appeal from Landlord and Tenant Board decision — Landlord challenged findings of discontinuance and reasonableness — Did the Board err in law in its application of section 130 of the Residential Tenancies Act, 2006? — Standard of review for errors of law in administrative decisions<br />Property — Reasonableness of facility removal — Roof deck removal for maintenance — Landlord failed to consider alternatives to preserve or replace the deck — Did the Board err in finding the removal unreasonable under section 39 of O.Reg. 516/06? — Framework for assessing reasonableness of facility discontinuance<br />Statutory interpretation — Rent reduction — Value of discontinued facility — Board awarded 30% rent reduction based on tenant’s evidence of the roof deck’s importance — Did the Board err in interpreting section 39 of O.Reg. 516/06 to account for subjective tenant factors? — Principles for determining rent reductions under the Residential Tenancies Act, 2006
• 2025-04-11 Gomes v. Carrubba-Gomes, 2025 ONSC 2035 (CanLII)
  Key Words: Family — Spousal support — Temporary spousal support — Guidelines — Motion judge’s failure to consider, analyze, and apply the Guidelines in determining the appropriate amount of temporary spousal support — Leave to appeal granted on this issue — Framework governing the determination of temporary spousal support under the Guidelines<br />Evidence — Misapprehension of evidence — Findings of fact — Income determination — Failure to impute income to the Respondent — Leave to appeal denied on these issues — Standard for granting leave to appeal on evidentiary and factual findings<br />Civil procedure — Appeals — Stay of decision pending appeal — Decision of motion judge not stayed pending appeal — Costs of $5,000 reserved to the panel hearing the motion — Governing principles for granting a stay of decision pending appeal
• 2025-04-11 Ledaga-Leounda v. Labbe-Jacques, 2025 ONSC 2037 (CanLII)
  Key Words: writing — payable — motion — leave — dismissed