In Vento Motorcycles, Inc. v. Mexico, the Court allowed the appeal and set aside an arbitral award under NAFTA, finding a reasonable apprehension of bias on the part of one of the arbitrators. Following the award that dismissed Vento’s trade complaint against Mexico, it was discovered that there had been undisclosed communications between Mexico’s appointed arbitrator and Mexican officials during the arbitration with a view to having that arbitrator placed on a panel to receive future arbitral appointments. Although the application judge found bias, she declined to set aside the award, citing no real unfairness or practical injustice, particularly given that the other two panelists were not tainted with the same bias. The Court held that the bias of one tribunal member tainted the entire panel, regardless of the impartiality of the others, and emphasized that procedural fairness breaches of this nature cannot be excused for reasons of cost or inconvenience. This decision is to be contrasted with the Court’s decision just a few months ago in Aroma Franchise Company, Inc. v. Aroma Espresso Bar Canada Inc., 2024 ONCA 839 (CanLII).
Boyer v. Callidus Capital Corporation was an employment law case where a departed employee was awarded damages for compensation owing to him even though there was no finding of wrongful or constructive dismissal. The Court dismissed the appeal.
In Bank of Montreal v Bronfman, the Court dismissed the appellant’s appeal of the motion judge’s decision to grant BMO summary judgment for amounts due on a credit card and two lines of credit. The limitation period for a bank to sue on such demand loans is from the date of demand, not from when the customer first stopped making monthly payments.
In Unity Health Toronto v. 2442931 Ontario Inc., the Court concluded that the Appellant did not have an automatic right of appeal from an order made under the Bankruptcy and Insolvency Act, and denied leave to appeal, as the proposed appeal did not raise a matter of general importance.
In Windsor Housing Providers Inc. v. Windsor (City), the Court dismissed an appeal from a failed motion to quash a by-law relating to residential rental licensing.
Table of Contents
Civil Decisions
Windsor Housing Providers Inc. v. Windsor (City), 2025 ONCA 78
Keywords: Municipal Law, Land Use Regulation, By-Law Regulation, Residential Tenancies, Licensing, Constitutional Law, Ultra Vires, Canadian Charter of Rights and Freedoms, ss. 2, 6, 8, 11, 15, Municipal Act, 2001, S.O. 2001, c. 25 ss. 8(1), 10, 11, Residential Tenancies Act, 2006, S.O. 2006, c. 17, Building Code Act, 1992, S.O. 1992, c. 23, Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, Shell Canada Products Ltd. v. Vancouver (City), [1994] 1 S.C.R. 231, Nanaimo (City) v. Rascal Trucking Ltd., 2000 SCC 13, Equity Waste Management of Canada v. Panorama Investment Group Ltd. (1997), 35 O.R. (3d) 321 (C.A.), 2211266 Ontario Inc. (Gentlemen’s Club) v. Brantford (City), 2013 ONCA 300, United Taxi Drivers’ Fellowship of Southern Alberta v. Calgary (City), 2004 SCC 19, Croplife Canada v. Toronto (City) (2005), 75 O.R. (3d) 357 (C.A.), R. v. Pahal, 2023 ONCA 13, London Property Management Association v. City of London, 2011 ONSC 4710
Boyer v. Callidus Capital Corporation, 2025 ONCA 79
Keywords: Contracts, Employment, Wrongful Dismissal, Termination without Cause, Constructive Dismissal, Defences, Just Cause, Breach of Fiduciary Duty, Civil Procedure, Issue Estoppel, Abuse of Process, Employment Standards Act, 2000, S.O. 2000, c. 41 s. 38, Courts of Justice Act, R.S.O. 1990, c. C.43 ss. 137.1(3) and (4), Rules of Civil Procedure, r. 39.03, Boyer v. Callidus Capital Corporation, 2023 ONCA 233, Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44, Stacey Reginald Ball, Canadian Employment Law (Toronto: Thompson Reuters, 2023)
Vento Motorcycles, Inc. v. Mexico, 2025 ONCA 82
Keywords: International Trade, North American Free Trade Agreement, Civil Procedure, International Commercial Arbitration, Natural Justice, Procedural Fairness, Reasonable Apprehension of Bias, International Commercial Arbitration Act, 2017, S.O. 2017, c. 2, Sched. 5, North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, Popack v. Lipszyc, 2016 ONCA 135, Wewaykum Indian Band v. Canada, 2003 SCC 45, Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, Committee for Justice and Liberty v. National Energy Board, [1978] 1 S.C.R. 369, Aroma Franchise Company, Inc. v. Aroma Espresso Bar Canada Inc., 2024 ONCA 839, R. v. Sussex Justices; Ex parte McCarthy, [1924] 1 K.B. 256 (E.W.H.C.), Cardinal v. Director of Kent Institution, [1985] 2 S.C.R. 643, Mobil Oil Canada Ltd. v. Canada-Newfoundland Offshore Petroleum Board, [1994] 1 S.C.R. 202, Newfoundland Telephone Co. v. Newfoundland (Board of Commissioners of Public Utilities), [1992] 1 S.C.R. 623, Canadian College of Business and Computers Inc. v. Ontario (Private Career Colleges), 2010 ONCA 856, Halliburton Company v. Chubb Bermuda Insurance Ltd., [2020] UKSC 48, Clayton v. Canada (Attorney General), 2024 ONCA 581, Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137, 2022 ONCA 769, Alectra Utilities Corporation v. Solar Power Network Inc., 2019 ONCA 254, Jacob Securities Inc. v. Typhoon Capital B.V., 2016 ONSC 604, Aroma Franchise Company Inc. et al. v. Aroma Espresso Bar Canada Inc. et al., 2023 ONSC 1827, Rhéaume v. Société d’investissements l’Excellence inc., 2010 QCCA 2269, Kyburn Investments Ltd. v. Beca Corporate Holdings Ltd., [2015] NZCA 290, TCL Air Conditioner (Zhongshan) Co. v. Castel Electronics Pty. Ltd., [2014] FCAFC 83, R. v. Ontario Labour Relations Board; Ex parte Hall (1963), 39 D.L.R. (2d) 113 (Ont. H.C.), Frome United Breweries Co. v. Keepers of the Peace & Justices for County Borough of Bath, [1926] A.C. 586 (H.L.), R. v. B.C. Labour Relations Board, Ex. p. International Union of Mine, Mill & Smelter Workers (1964), 45 D.L.R. (2d) 27 (B.C. C.A.), Haight-Smith v. Kamloops School District No. 34 (1988), 51 D.L.R. (4th) 608 (B.C. C.A.), Sparvier v. Cowesses Indian Band (T.D.), [1993] 3 F.C. 142, In re Medicaments and Related Classes of Goods (No 2), [2001] EWCA Civ 1217, Stubbs v. The Queen, [2018] UKPC 30, Fletcher v. Manitoba Public Insurance Corp., 2004 MBCA 192, Boardwalk Reit LLP v. Edmonton (City), 2008 ABCA 176, ENMAX Energy Corporation v. TransAlta Generation Partnership, 2021 ABCA 366, 01115379 Saskatchewan Ltd. v. Saskatchewan (Financial and Consumer Affairs Authority), 2019 SKCA 31, UNCITRAL Model Law on International Arbitration, Administrative Law (Toronto: Irwin Law, 2001)
Bank of Montreal v Bronfman, 2025 ONCA 85
Keywords: Contracts, Debtor-Creditor, Civil Procedure, Limitation Periods, Summary Judgment, Limitations Act, 2002, S.O. 2002, c. 24, ss. 4, 5(1)(a)(iv), 5(3), Baywood Homes Partnership v. Haditaghi, 2014 ONCA 450, Longo v. MacLaren Art Centre, 2014 ONCA 526, Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37, Bank of Nova Scotia v. Mazin, 2010 ONSC 5827
Unity Health Toronto v. 2442931 Ontario Inc., 2025 ONCA 93
Keywords: Contracts, Bankruptcy and Insolvency, Receivership, Stay of Proceedings, Leave to Appeal, Automatic Right of Appeal, Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, ss. 193(c), 193(e), Courts of Justice Act, R.S.O. 1990, c. C.43. s. 6(1)(b), Business Development Bank of Canada v. Pine Tree Resorts Inc., 2013 ONCA 282, 2403177 Ontario Inc. v. Bending Lake Iron Group Limited, 2016 ONCA 225, Hillmount Capital Inc. v. Pizale, 2021 ONCA 364, Romspen Investment Corporation v. Courtice Auto Wreckers Limited, 2017 ONCA 301, C & K Mortgage Services Inc. v. Camilla Court Homes Inc., 2020 CanLII 100559 (Ont. C.A.), Enroute Imports Inc. (Re), 2016 ONCA 247, Crate Marine Sales Limited (Re), 2016 ONCA 140, Robson Estate v. Robson (2002), 33 C.B.R. (4th) 86 (Ont. C.A.), Ontario Wealth Management Corporation v. Sica Masonry and General Contracting Ltd., 2014 ONCA 500, Lax v. Lax (2004), 70 O.R. (3d) 520 (C.A.)
Short Civil Decisions
904950 Ontario Limited v. Dominion of Canada General Insurance, 2025 ONCA 83
Keywords: Contracts, Interpretation, Ambiguity, Contra Proferentem, Insurance, Property, Coverage, Exclusionary Clauses, Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37, Lowe v. Security National Insurance Company, 2006 ABPC 249, Co-operators Life Insurance Co. v. Gibbens, 2009 SCC 59, Canadian Oxford Dictionary, 2nd ed. (Don Mills: Oxford University Press, 2004)
Arcamm Electrical Services Ltd. v. Avison Young Real Estate Management Services LP, 2025 ONCA 84
Keywords: Civil Procedure, Appeals, Costs, St. Jean v. Cheung, 2009 ONCA 9, Hunt v. TD Securities Inc. (2003), 66 O.R. (3d) 481 (C.A.)
Little (Nautilus North Strength and Fitness Centre) v. Bramcan Investments Limited, 2025 ONCA 86
Keywords: Torts, Conversion, Damages, Mental Distress, Bankruptcy and Insolvency, Property of the Bankrupt, Choses in Action, Tools of the Trade, Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Judgments, Enforcement, Execution, Property, Exemptions, Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 67(1)(b), Execution Act, R.S.O. 1990, c. E.24, Rules of Civil Procedure, r. 5.04(2), r. 21.01(3)(b), Meisels v. Lawyers Professional Indemnity Company, 2015 ONCA 406, Stoneman v. Gladman (2005), 16 C.B.R. (5th) 78 (Ont. S.C.)
Keywords: Contracts, Real Property, Mortgages, Priority Dispute, Civil Procedure, Applications, Appeals, Jurisdiction, Final or Interlocutory, Courts of Justice Act, s. 19(1)(b), Rules of Civil Procedure, r. 14.05, Drywall Acoustic Lathing Insulation Local 675 Pension Fund v. SNC Lavalin Group Inc., 2020 ONCA 375, Paulpillai Estate v. Yusuf, 2020 ONCA 655, Heegsma v. Hamilton (City), 2024 ONCA 865, Buck Bros. Ltd. v. Frontenac Builders Ltd. (1994), 19 O.R. (3d) 97 (C.A.), Prescott & Russell (United Counties) v. David S. Laflamme Construction Inc., 2018 ONCA 495, Beaver v. Hill, 2019 ONCA 520
Chowdhury v. Unity Health Toronto, 2025 ONCA 90
Keywords: Civil Procedure, Appeals, Jurisdiction, Abuse of Process, Rules of Civil Procedure, r. 2.1
Chijindu v. Law Society of Ontario, 2025 ONCA 91
Keywords: Administrative Law, Regulated Professions, Lawyers, Civil Procedure, Striking Pleadings, Abuse of Process, Collateral Attack, Canadian Charter of Rights and Freedoms, ss. 7, 15, and 24(1), R. v. Mills, [1986] 1 S.C.R. 863, Doucet-Boudreau v. Nova Scotia (Department of Education), 2003 SCC 62