In Kentros v. Kentros, the Court dismissed an appeal and cross-appeal concerning a will that omitted a remainderman clause for properties bequeathed to the testator’s husband for life (ie. the will was silent on who would get the properties after the husband passed away). The application judge had rectified the will to reflect the testator’s clear intention, determined through extrinsic evidence of both sides, that her grandchildren should inherit the properties upon her husband’s death, rather than allowing them to pass through an intestacy. The Court upheld the rectification, rejecting arguments that the application judge exceeded his powers, misapplied section 13 of the Evidence Act, or improperly relied on the extrinsic evidence. The Court also affirmed the costs order allocating some litigation costs to the estate, given that it was the drafting error in the will that necessitated the proceedings.
In Smith v. Nagy, the Court dismissed an appeal from a dismissal of a battery claim and a defamation judgment.
In Pringle v. Zenova Group PLC, the Court set aside the motion judge’s order staying the claim on jurisdictional grounds. The motion judge had stayed the action and enforced a forum selection clause in favour of the UK, finding that the appellant was an independent contractor and not an employee within the meaning of the Employment Standards Act. The Court was of the view that the motion judge erred in applying the Sagaz test and Belton factor for determining whether someone is an employee entitled to the protections afforded by the ESA. The order was set aside, as Ontario had jurisdiction and was a proper forum.
In Baig v. Thunder Bay Vacant Land Condominium Corporation No. 39, the appellant, brought oppression claims under s. 135 of the Condominium Act against neighboring lot owners who proceeded with construction in violation of the condominium Declaration and against the Corporation for failing to take reasonable steps to enforce the Declaration and the Condominium Act, 1998. The Court allowed the appeal, finding that the application judge erred by failing to adjudicate the s. 135 oppression claims. The Court also held that the application judge erred in ruling on costs without affording the appellant the opportunity to make submissions or file a bill of costs.
In Chand Morningside Plaza Inc. v. Healthy Lifestyle Medical Group Inc., the appellants’ collection action was dismissed on the basis of defences not pleaded and for which they did not have adequate notice at trial. In such circumstances, the trial judgment could not stand and the matter was remitted to a different judge for a new trial.
In Dominion of Canada General Insurance Company v. West York Sales and Leasing Inc., the Court allowed the appellant insurer's appeal, holding that the Ontario Policy Change Form Monthly Reporting Basis Fleet Endorsement excluded coverage for a vehicle owned or leased before the effective date of a fleet policy but not included on the Schedule listing the insured vehicles. No such request was made for the vehicle in question until it had already been involved in an accident, meaning there was no coverage and no duty to defend.
In Patterson v. Eastern Residential Services Inc., a former foster parent and social worker challenged the striking of his claims after his employment was terminated and foster home closed following a child's disclosure of sexual assault, despite no criminal charges being laid. The Court held that his Charter and negligence claims against the Children's Aid Societies were properly struck, as the Societies owed no duty of care to caregivers and the pleadings disclosed no viable constitutional breach. However, the Court allowed the appeal in part, finding that the appellant's misfeasance in public office claim against one of the Children’s Aid Societies should not have been struck, as the allegations set out in the appellant’s response to a demand for particulars were capable of supporting inferences of bad faith at the pleadings stage.
In 2615333 Ontario Inc. v. Central Park Ajax Developments Phase 1 Inc., the Court denied leave to appeal an order approving the sale of properties out of receivership to the Town of Ajax.
In Senos v. Senos, the Court mostly allowed an appeal in a highly contentious family law proceeding, setting aside three aspects of the trial judge’s decision: (1) the cancellation of prior costs orders against the respondent; (2) holding the appellant personally liable for 50% of a corporate tax debt based solely on her shareholder status, contrary to the fundamental principle of corporate law that shareholders are not liable for corporate debts; and (3) a ten-year common law peace bond imposed without proper procedural protections. The Court did uphold the spousal support order.
In Redback Tours Inc. v. Canadian Equipment Finance & Leasing Inc., the Court dismissed an appeal by a defaulting borrower who argued that an acceleration clause in a commercial loan agreement did not permit the acceleration of future interest and that section 17 of the Mortgages Act provided a right of redemption relieving them of that obligation.
In Bank of Montreal v. Saidani, the Court dismissed an appeal from a summary judgment enforcing a guarantee.
Table of Contents
Civil Decisions
Kentros v. Kentros, 2026 ONCA 546
Keywords: Wills and Estates, Remedies, Rectification, Civil Procedure, Evidence, Evidentiary Burden, Evidence Act, R.S.O. 1990, s. 13, Variation of Trusts Act, R.S.O. 1990, c. V.1, Wills and Succession Act, S.A. 2010, c. W-12.2, at ss. 26, 39; Wills, Estates and Succession Act, S.B.C. 2009, c. 13, s. 59, Saunders v. Vautier (1841), 41 E.R. 482 (Eng. Ch. Div.), Ihnatowych Estate v. Ihnatowych, 2024 ONCA 142, Re Estate of Blanca Esther Robinson, 2010 ONSC 3484, Isard Estate v. Gunn, 2025 ONCA 139, Lipson v. Lipson (2009), 52 E.T.R. (3d) 44 (Ont. S.C.), Re MacDonnell (1982), 35 O.R. (2d) 578 (C.A.), Elizabeth Casey Cooke Family Trust v. Dioguardi, 2026 ONCA 85, Neuberger Estate v. York, 2016 ONCA 191, Panda Estate (Re), 2018 ONSC 6734, Nordlander v. Nordlander Estate, [1998] O.J. No. 4039 (Gen. Div.), Ali Estate (Re), 2011 BCSC 537, Balaz Estate v. Balaz, [2009] O.J. No. 1573 (Ont. S.C.), Trezzi v. Trezzi, 2019 ONCA 978, Ross v. Canada Trust Company, 2021 ONCA 161, Zindler v. The Salvation Army et al., 2015 MBCA 33, Kilby v. Harmer Estate, [1965] S.C.R. 24, Jones v. Westcomb (1711), Prec.Ch. 316, Re Fox’s Estate, [1937] 4 All E.R. 664 (C.A.), Fodazi v. Koukia, 2023 ONSC 6260, Burns Estate v. Mellon (2000), 48 O.R. (3d) 641 (C.A.), Fodazi v. Koukia, 2023 ONSC 6260, Brisco Estate v. Canadian Premier Life Insurance Company, 2012 ONCA 854, Sands Estate v. Sonnwald (1986), 9 C.P.C. (2d) 100 (Ont. H.C.), Spence v. BMO Trust Company, 2016 ONCA 196, Marshall v. Watson Wyatt & Co. (2002), 57 O.R. (3d) 813 (C.A.), Leader Media Productions Ltd. v. Sentinel Hill Alliance Atlantis Equicap Limited Partnership, 2008 ONCA 463, Harris v. Leikin Group Inc., 2014 ONCA 479, Hoang v. Vicentini, 2016 ONCA 723, Ly Innovative Group Inc. v. Facilitate Settlement Corporation, 2025 ONCA 194, Apotex Inc. v. Eli Lilly Canada Inc., 2022 ONCA 587, Westover Estate v. Jolicouer, 2024 ONCA 81, Henderson Estate (Re), 2024 MBCA 95, Report on Interpretation of Wills, LRC 58 (Victoria, 1982), Albert H. Oosterhoff et al., Oosterhoff on Wills, 9th ed. (Toronto: Thomson Reuters, 2021), Ian Hull and Suzana Popovic-Montag, Feeney’s Canadian Law of Wills, 4th ed. (Toronto: LexisNexis, 2000), The Canadian Law of Wills: Volume 2 Construction, 2d ed. (Toronto: Butterworths, 1982), Maurice Cullity, “Rectification of Wills - A Comment on the Robinson Case” (2012) 31:2 E.T.R. 127, Albert H. Oosterhoff, “The Discrete Functions of Courts of Probate and Construction” (2017) 46:3 Adv. Q. 316
Keywords: Torts, Battery, Defamation, Defences, Consent, Justification, Civil Procedure, Evidence, Burden of Proof, Issue Estoppel, Courts of Justice Act, RSO 1990, c C.43, ss. 134(6), 137.1, Criminal Code, RSC 1985, c C-46, Libel and Slander Act, RSO 1990, c. L.12, s.22, Firearms Act, SC 1995, c. 39, s.74, Non-Marine Underwriters, Lloyd’s of London v. Scalera, 2000 SCC 24, Nole v. Seymour, 2023 BCCA 329, F.H. v. McDougall, 2008 SCC 53, Essex Condominium Corporation No. 125 v. Heritage Park Villas Inc., 2024 ONCA 889, Caisse populaire de Maniwaki v. Giroux, [1993] 1 SCR 282, Shakur v. Pilot Insurance Co. (1990), 74 O.R. (2d) 673 (C.A.), McDowell v. Barker, 2012 ONCA 827, Charkhandeh v. College of Dental Surgeons of Alberta, 2025 ABCA 258, Grant v. Torstar Corp., 2009 SCC 61, Bent v. Platnick, 2020 SCC 23, Vanderkooy v. Vanderkooy et al., 2013 ONSC 4796, A.T. v. D.C., 2026 BCCA 250, Hansman v. Neufeld, 2023 SCC 14, Polgrain Estate v. The Toronto East General Hospital, 2008 ONCA 427, Patrick Street Holdings Ltd. v. 11386 NL Inc., 2026 SCC 15, Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44, Heynen v. Frito Lay Canada Ltd. (1999), 45 OR (3d) 776 (CA), Kennedy v. Canada (Minister of Public Safety and Emergency Preparedness), 2013 FC 1196, Fawson Estate v. Deveau, 2016 NSCA 39, British Columbia (Chief firearms officer) v. Donnelly, 2001 BCSC 724, Whitfield v. Whitfield, 2016 ONCA 720, R. v. R.(D.), [1996] 2 S.C.R. 291, Tajkovich v. Ontario (Natural Resources), 2009 ONCA 898, Smith v. Nagy, 2021 ONSC 4265, Dovbush v. Mouzitchka, 2016 ONCA 381, Shaver Hospital for Chest Diseases v. Slesar et al. (1979), 27 O.R. (2d) 383 (CA), Becker v. Toronto (City), 2020 ONCA 607, Kaiman v. Graham, 2009 ONCA 77, Raymond E. Brown, The Law of Defamation in Canada, 2nd ed. (Toronto: Carswell, 1994), Erika Chamberlain, Karen Eltis and Raymond E. Brown, Law of Defamation: Canada, United Kingdom, Australia, New Zealand, United States, 2nd ed. (Toronto: Carswell, 1994)
Pringle v. Zenova Group PLC, 2026 ONCA 549
Keywords: Contracts, Employment, Wrongful Dismissal, Independent Contractors, Civil Procedure, Striking Pleadings, Jurisdiction, Real and Substantial Connection, Forum Non Conveniens, Employment Standards Act, 2000, S.O. 2000, c. 41, ss. 1, 3(1)(a), 5, 96(1), Courts of Justice Act, R.S.O. 1990, c. C.43, s. 106, Rules of Civil Procedure, r. 21.01(3)(a), Belton v. Liberty Insurance Co. of Canada (2004), 72 O.R. (3d) 81 (C.A.), 671122 Ontario Ltd. v. Sagaz Industries Canada Inc., 2001 SCC 59, Braiden v. La-Z-Boy Canada Ltd.,2008 ONCA 464, Housen v. Nikolaisen, 2002 SCC 33, Guildford v. Anglo-French Steamship Co., [1883] 9 S.C.R. 303, HMI Industries Inc. v. Santos, 2010 QCCA 606, Mayer v. J. Conrad Lavigne Ltd. (1979), 27 O.R. (2d) 129 (C.A.), Gerling v. Camrose Regional Exhibition & Agricultural Society, 2022 ABCA 210, Wolf v. Canada, 2002 FCA 96, Royal Winnipeg Ballet v. Canada (Minister of National Revenue), 2006 FCA 87, 1392644 Ontario Inc. v. Canada (Minister of National Revenue), 2013 FCA 85, Ligocki v. Allianz Insurance Company of Canada, 2010 ONSC 1166, GlycoBioSciences Inc. v. Herrero and Associates, 2023 ONCA 331, Club Resorts Ltd. v. Van Breda, 2012 SCC 17, Vale Canada Limited v. Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, Black & McDonald Limited v. Eiffage Innovative Canada Inc., 2023 ONCA 91, Kyko Global Inc. v. M/S Crawford Bayley & Co., 2021 ONCA 736
Baig v. Thunder Bay Vacant Land Condominium Corporation No. 39, 2026 ONCA 547
Keywords: Civil Procedure, Real Property, Condominiums, Oppression, Costs, Interlocutory Injunction, Condominium Act, 1998, S.O. 1998, c. 19, ss. 132, 134 & 135, Rules of Civil Procedure, rr. 14.05(2), 57.01(1), 57.01(5) & 57.01(7), Noguera v. Muskoka Condominium Corporation No. 22, 2020 ONCA 46, Naneff v. Con-Crete Holdings Ltd. (1998), 23 O.R. (3d) 481 (C.A.), Wilson v. Alharayeri, 2017 SCC 39, Afolabi v. Law Society of Ontario, 2025 ONCA 257, leave to appeal refused, [2025] S.C.C.A. No. 203, Hamilton v. Open Window Bakery Ltd., 2004 SCC 9
Chand Morningside Plaza Inc. v. Healthy Lifestyle Medical Group Inc., 2026 ONCA 558
Keywords: Contracts, Debtor-Creditor, Real Property, Mortgages, Guarantees, Defences, No Demand, Independent Legal Advice, Undue Influence, Non Est Factum, Civil Procedure, Amending Pleadings, Procedural and Natural Justice, Trials, Reopening, Fresh Evidence, Rules of Civil Procedure, r. 26.01, O’Bryne v. Farmers’ Mutual Insurance Company (Lindsay), 2014 ONCA 543, Rassouli-Rashti v. Tayefi, 2023 ONCA 315, 0867740 B.C. Ltd. v. Quails View Farm Inc., 2014 BCCA 252, Bank of Nova Scotia v. Williamson, 2009 ONCA 754, Holmes v. Hatch Ltd., 2017 ONCA 880, Rodaro v. Royal Bank (2002), 59 O.R. (3d) 74 (C.A.), 460635 Ontario Limited v. 1002953 Ontario Inc., [1999] O.J. No. 4071 (C.A.), Avedian v. Enbridge Gas Distribution Inc., 2023 ONCA 289, Family Delicatessen Ltd. v. London (City), 2006 CanLII 5135 (Ont. C.A.), 1588444 Ontario Ltd. v. State Farm Fire and Casualty Company, 2017 ONCA 42, Milosevic (Litigation Guardian of) v. Etheridge (1991), 3 C.P.C. (3d) 69 (Ont. Gen. Div.), Kings Gate Developments Inc. v. Colangelo (1994), 17 O.R. (3d) 841 (C.A.), Bank of Montreal v. Duguid (2000), 47 O.R. (3d) 737 (C.A.), CIBC Mortgage Corp. v. Rowatt (2002), 61 O.R. (3d) 737 (C.A.), JGB Collateral v. Rochon, 2020 ONCA 464, Royal Bank of Canada v. Biddell et al, 2015 ONSC 6535, Bertolo v. Bank of Montreal (1986), 57 O.R. (2d) 577 (C.A.)
The Dominion of Canada General Insurance Company (Travelers Canada), 2026 ONCA 553
Keywords: Contracts, Insurance, Interpretation, Coverage, Automobiles, Civil Procedure, Appeals, Standard of Review, Standard Form Contracts, Correctness, Insurance Act, R.S.O. 1990, c I.8, s.129, OAP 1: Ontario Automobile Policy (OAP1), OPCF 21A: Ontario Policy Change Form Monthly Reporting Basis Fleet Endorsement (Form AF-136) (a), (c), (f), Rules of Civil Procedure, r. 49.14(7), David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co. (2005), 76 O.R. (3d) 161 (C.A.), Northbridge General Insurance Corp. v. 943240 Alberta Ltd., 2013 ABQB 760, Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37, Lombard Canada Ltd. v. Zurich Insurance Co., 2010 ONCA 292, Ontario v. St. Paul Fire and Marine Insurance Company, 2023 ONCA 173, Le Treport Wedding & Convention Centre Ltd. v. Co-operators General Insurance Company, 2020 ONCA 487, Sam’s Auto Wrecking Co. Ltd. (Wentworth Metal) v. Lombard General Insurance Company of Canada, 2013 ONCA 186, Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada, 2010 SCC 33, Consolidated-Bathurst v. Mutual Boiler, [1980] 1 S.C.R. 888, Madill v. Chu, [1977] 2 S.C.R. 400, Kestenberg Siegal Lipkus v. Royal Sun Alliance Insurance Company of Canada, 2024 ONCA 607, Stuart v. Hutchins (1998), 40 O.R. (3d) 321 (C.A.), Kozel v. The Personal Insurance Company, 2014 ONCA 130, Shiloh Spinners Ltd. v. Harding, [1973] A.C. 691 (H.L.), 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352, Snell's Equity (29th ed. 1990)
Patterson v. Eastern Residential Services Inc., 2026 ONCA 543
Keywords: Torts, Negligence, Malicious Performance of a Statutory Duty, Misfeasance in Public Office, Intrusion Upon Seclusion, Breach of Privacy, Intimidation, Inducing Breach of Contract, Civil Conspiracy, Intentional Infliction of Nervous Shock, Breach of Confidence, Wrongful Falsehood, Charter Claims, Breach of Contract, Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Canadian Charter of Rights and Freedoms, ss. 7, 12 & 24, Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1, Rules of Civil Procedure, r. 21, J.B. v. Ontario (Child and Youth Services), 2020 ONCA 198, Syl Apps Secure Treatment Centre v. B.D., 2007 SCC 38, Fowler v. Family and Children’s Services of the Waterloo Region, 2024 ONCA 41, leave to appeal refused, [2024] S.C.C.A. No. 151, New Brunswick (Minister of Health and Community Services) v. G.(J.), [1999] 3 S.C.R. 46, R. v. Hills, 2023 SCC 2, Quebec (Attorney General) v. 9147‑0732 Québec inc., 2020 SCC 32, Harrison v. British Columbia (Children and Family Development), 2010 BCCA 220, leave to appeal refused, [2010] S.C.C.A. No. 293, Odhavji Estate v. Woodhouse, 2003 SCC 69, Meekis v. Ontario, 2021 ONCA 534, Hartman v. Canada (Attorney General), 2026 ONCA 270, R. v. Imperial Tobacco Canada Ltd., 2011 SCC 42, Granite Power Corporation v. Ontario (2004), 72 O.R. (3d) 194 (C.A.), leave to appeal refused, [2004] S.C.C.A. No. 409, Ministry of Children and Youth Services, Ontario Child Protection Standards (2016) (Toronto: Government of Ontario, 2016)
2615333 Ontario Inc. v. Central Park Ajax Developments Phase 1 Inc., 2026 ONCA 544
Keywords: Bankruptcy and Insolvency, Receiverships, Civil Procedure, Appeals, Jurisdiction, Leave to Appeal, Orders, Collateral Attack, Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 s. 193, Royal Bank of Canada v. Soundair Corp. (1991), 4 O.R. (3d) 1 (C.A.), North House Foods Ltd. (Re), 2025 ONCA 563, Crown Capital Private Credit Fund v. Mill Street & Co. Inc., 2022 ONCA 194, Proex Logistics Inc. (Re), 2025 ONCA 832, Hillmount Capital Inc. v. Pizale, 2021 ONCA 364, Enroute Imports Inc. (Re), 2016 ONCA 247, Romspen Investment Corporation v. Courtice Auto Wreckers Limited, 2017 ONCA 301, 2403177 Ontario Inc. v. Bending Lake Iron Group Limited, 2016 ONCA 225, Downing Street Financial Inc. v. 1000162497 Ontario Inc., 2024 ONCA 639, First National Financial GP Corporation v. Golden Dragon HO 10 Inc., 2019 ONCA 873, Downing Street Financial Inc. v. Harmony Village-Sheppard Inc., 2017 ONCA 611, Business Development Bank of Canada v. Pine Tree Resorts Inc., 2013 ONCA 282, Bank of Montreal v. 11977636 Canada Inc., 2025 ONCA 561
Keywords: Family Law, Spousal Support, Property, Corporations, Corporate Veil, Remedies, Equalization of Net Family Property, Restraining Orders, Peace Bonds, Civil Procedure, Procedural and Natural Justice, Orders, Costs, Setting Aside, Canadian Charter of Rights and Freedoms, s. 7, Personal Property Security Act, R.S.O. 1990, c. P.10, Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 15.2(4), Family Law Act, R.S.O. 1990, c. F.3., s. 46, Criminal Code of Canada, R.S.C. 1985, c. C-46, ss. 127(1), 810, Family Law Rules, O. Reg. 114/99, rr. 2(3), 25(19), Leskun v. Leskun, 2006 SCC 25, Greenglass v. Greenglass, 2010 ONCA 675, Kaiman v. Graham, 2009 ONCA 77, K.K. v. M.M., 2025 ONCA 446, R. v. R.E.M., 2008 SCC 51, R. v. G.F., 2021 SCC 20, R. v. Sheppard, 2025 SCC 29, Sonia v. Ratan, 2022 ONSC 6340, Hutter v. Hutter, 2024 ONSC 785, K.K. v. M.M., 2024 ONSC 1092, Yaiguaje v. Chevron Corporation, 2018 ONCA 472, R. v. Petre, 2013 ONSC 3048, R. v. Musoni (2009), 243 C.C.C. (3d) 17 (Ont. S.C.)
Redback Tours Inc. v. Canadian Equipment Finance & Leasing Inc., 2026 ONCA 555
Keywords: Contracts, Debtor-Creditor, Real Property, Mortgages, Equity of Redemption, Acceleration Clauses, Damages, Future Interest, Costs, Mortgages Act, RSO 1990, c M40, ss. 1, 17, 18, 22, 1173928 Ontario Inc. v. 1463096 Ontario Inc., 2018 ONCA 699, Brown v. Cole (1845), 60 E.R. 424 (Ch.); Bovill v. Endle, [1896] 1 Ch. 648, Kreglinger v. New Patagonia Meat and Cold Storage Co. Ltd., [1914] AC 25 (U.K. H.L.), Smith v. Smith, [1891] 3 Ch. 550; Archbold v. Building & Loan Ass’n, (1888), 15 O.R. 237 (H.C.), Re Belyon Properties Ltd. v. Kelcey, [1968] 2 O.R. 257 (C.A.)
Bank of Montreal v. Saidani, 2026 ONCA 550
Keywords: Contracts, Debtor-Creditor, Guarantees, Conditions Precedent, Torts, Negligence, Misrepresentation, Duty of Care, Civil Procedure, Summary Judgment, Trial of an Issue, Appeals, New Issue on Appeal
Short Civil Decisions
Keywords: Family Law, Civil Procedure, Orders, Costs, Appeals, Extension of Time