In Eyelet Investment Corp. v. Zhou, the Court dismissed the appellant vendor’s appeal from summary judgment dismissing its claim for breach of contract damages arising from the respondent purchaser’s failure to close on the purchase of real property. The motion judge found that the appellant failed to mitigate its damages, based on the lack of evidence about its marketing strategy, the delay in selling the property, and the fact that the property sold below appraised value. The Court upheld the motion judge’s use of the appellant’s own appraisal to assess damages and confirmed that summary judgment was appropriate where both parties had agreed to proceed on that basis.
In Grozelle (Re), the Court denied leave to appeal a costs decision made in a bankruptcy involving a Ponzi scheme.
In Bennett v Chadwick, the Court dismissed an appeal from a judgment finding that the appellants continued to enjoy the same right-of-way that had existed since 1961, that a 1974 agreement did not create a different right-of-way, and that a fence erected by the respondent did not substantially interfere with the 1961 right-of-way. There was therefore no oppression.
Table of Contents
Civil Decisions
Eyelet Investment Corp. v. Zhou, 2026 ONCA 453
Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Damages, Mitigation, Civil Procedure, Summary Judgment, Southcott Estates Inc. v. Toronto Catholic District School Board, 2012 SCC 51, Housen v. Nikolaisen, 2002 SCC 33, Hav-A-Kar Leasing Ltd. v. Vekselshtein, 2012 ONCA 826, Taylor v. 1103919 Alberta Ltd., 2015 ABCA 201, Celestini v. Shoplogix Inc., 2023 ONCA 131, Broadgrain Commodities Inc. v. Continental Casualty Company, 2018 ONCA 438
Keywords: Bankruptcy and Insolvency, Civil Procedure, Appeals, Costs, Leave to Appeal, Bankruptcy, Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, ss. 193, 197, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 107, RREF II BHB IV Portofino, LLC v Portofino Corporation, 2015 ONCA 906, Dal Bianco v Deem Management Services Limited, 2020 ONCA 585, Business Development Bank of Canada v Astoria Organic Matters Ltd., 2019 ONCA 269, 2403177 Ontario Inc. v Bending Lake Iron Group Limited, 2016 ONCA 225, Osztrovics Estate v Osztrovics Farms Ltd., 2015 ONCA 463, North House Foods Ltd. (Re), 2025 ONCA 563, Bank of Canada v Pine Tree Resorts Inc., 2013 ONCA 282, Hamilton v Open Window Bakery Ltd., 2004 SCC 9
Bennett v. Chadwick, 2026 ONCA 468
Keywords: Real Property, Rights of Way, Corporations, Not-for-Profit Corporations, Remedies, Oppression, Not-for-Profit Corporations Act, 2010, SO 2010, c. 15, Wilson v Alharayeri, 2017 SCC 39, Markowski v Verhey, 2020 ONCA 472, Reddick v Robinson, 2024 ONCA 116, Mihaylov v 1165996 Ontario Inc., 2017 ONCA 116, Fallowfield v Bourgault (2003), 68 OR (3d) 417 (CA), Drumonde v Moniz (1997), 105 OAC 295 (CA), BCE Inc. v 1976 Debentureholders, 2008 SCC 69
Short Civil Decisions
Chalimon v. Warda, 2026 ONCA 462
Keywords: Substitute Decisions, Guardianships, Property, Personal Care
De Bartolo v. Initiatives Canada Corporation, 2026 ONCA 466
Keywords: Contracts, Acceptance, Guarantees, Lawyer-Client, Statute of Frauds, R.S.O. 1990, c. S.19, Richter v McKeachie, 2009 BCSC 288
Massaar v. Moneck, 2026 ONCA 467
Keywords: Property, Gifts, Contracts, Loans, Evidence, Witnesses, Credibility, Cook v. Joyce, 2017 ONCA 49, Rudin-Brown v. Brown, 2023 ONCA 151
Nabrotzky v. McKague, 2026 ONCA 474
Keywords: Limitation Period, Delay, Dismissal, Courts of Justice Act
Keywords: Family Law, Separation Agreements, Property, Matrimonial Home