In B.E. v. O.R., the Court granted in part a motion for directions about the extent to which protective measures should be taken to guard privacy and dignitary interests during the civil appeal process. Applying Sherman Estate, the Court held that the parties’ privacy and dignitary interests could be adequately protected by a publication ban prohibiting publication of their names and other identifying information, together with a limited sealing order for certain medical records. The Court declined to order that the appeal be heard in camera or that the Court’s future reasons be subject to an anticipatory publication ban.
In Painchaud v. Krimker, the Court allowed an appeal from the dismissal of a professional negligence claim against a real estate agent. The appellants had entered into an unconditional agreement to purchase a property but decided not to proceed, mistakenly believing they could walk away by signing a mutual release. The respondent real estate agent failed to correct this misunderstanding or advise them of their potential liability for breach and admitted to lying to the vendors about the status of the purchase. The appellants settled with the vendor and sued the agent for professional negligence. The Court found that the trial judge erred by limiting his analysis to whether the agent misled the appellants and by relying principally on the appellants’ signatures to conclude that the agent had explained the agreement. The appeal was allowed and a new trial was ordered.
In Dalren Limited v. Loadstar Trailers Inc., a dispute arose over whether the old Construction Lien Act regime applied, or the post-2017 Construction Act regime applied, which latter Act introduced the prompt payment provisions. The Court dismissed the appeal, agreeing with the application judge that the old Act applied, as that was the act in effect when the procurement process for this project began, even though the site for the project changed between the time of the procurement process started and the signing of the contract. Wishing everyone an enjoyable weekend.
John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email
Table of Contents
Civil Decisions
Keywords: Intentional Torts, Assault and Battery, Civil Procedure, Appeals, Open Court Principle, Publication Bans, Sealing Orders, Anonymization Orders, In Camera Hearings, Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 6(1)(b), 7(1), Criminal Code, R.S.C. 1985, c. C-46, ss. 486.4(1)-(2), 278.3, 278.4-278.7, 278.9, 278.92-278.95, Rules of Civil Procedure, rr. 61.09, 61.10, 61.10.1 & 61.11, Sherman Estate v. Donovan, 2021 SCC 25, R. v. D.V., 2025 ONCA 67, Law Society of Ontario v. AA, 2026 ONCA 47, R. v. T.W.W., 2024 SCC 19, R. v. Paterson (1998), 122 CCC (3d) 254 (BCCA), R. v. J.O.P., 2025 ONCA 121, R. v. Starnaman, 2026 ONCA 183, S.E.C. v. M.P., 2023 ONCA 821
Painchaud v. Krimker, 2026 ONCA 494
Keywords: Torts, Professional Negligence, Real Estate Brokers, Contracts, Real Property, Agreements of Purchase and Sale of Land
Dalren Limited v. Loadstar Trailers Inc., 2026 ONCA 500
Keywords: Contracts, Construction, Liens, Construction Act, R.S.O. 1990, c. C.30, s. 87.3, Rules of Civil Procedure, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, Caledon (Town) v. 2220742 Ont. Ltd. o/a Bronte Construction, 2024 ONSC 4555, Mercer Limited v. Intact Insurance Company, 2024 ONSC 6466, Crosslinx Transit Solutions Constructors v. Form & Build Supply (Toronto) Inc., 2021 ONSC 3396, DNR Restoration Inc. v. Trac Developments Inc., 2023 ONSC 1849, Phoenix Assurance Co. v. Bird Construction Co., [1984] 2 S.C.R. 199, Ravenda Homes Ltd. v. 1372708 Ontario Inc., 2017 ONCA 834, Northern Electric Co. v. Manufacturers Life Insurance Co., [1977] 2 S.C.R. 762, Hamilton (City) v. Cipriani, [1977] 1 S.C.R. 169, Parkland Plumbing & Heating Ltd. v. Minaki Lodge Resort 2002 Inc., 2009 ONCA 256, Leyburn Electrical Ltd. v. Merton Development Corp., [1998] O.J. No. 2428, HVAC Depot & Metal Mfg. Inc. v. Global HVAC & Automation Inc., 2024 ONSC 5752.
Short Civil Decisions
Smith v. Oliphant, 2026 ONCA 488
Keywords: Civil Procedure, Appeals, Perfection, Extension of Time, Costs, Panel Review, Courts of Justice Act, R.S.O. 1990, c. C.43, section 7(5), Weidenfeld v. Weidenfeld, 2022 ONCA 860
Keywords: Substitute Decisions, Guardianships, Property, Personal Care, Civil Procedure, Orders, Enforcement, Contempt, Appeals, Jurisdiction, Final or Interlocutory
Keywords: Contracts, International Arbitration, Civil Procedure, Arbitral Awards, Setting Aside, Standard of Review, Procedural Fairness, North American Free Trade Agreement, Article 1105, Consolidated Contractors Group S.A.L. (Offshore) v. Ambatovy Minerals S.A., 2017 ONCA 939
Keywords: Bankruptcy and Insolvency, Costs
Chijindu v. Public Guardian and Trustee, 2026 ONCA 513
Keywords: Substitute Decisions, Public Guardian and Trustee, Civil Procedure, Jurisdiction