Good afternoon.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of April 7, 2025.
Continue Reading
The headline decision of the week was Afolabi v. Law Society of Ontario, which involved the bar exam cheating scandal from a few years ago. The Court allowed the LSO's appeal from a Divisional Court decision that had partially quashed the administrative sanctions imposed on candidates following the compromised licensing exams. The Court held that the LSO was not required to grant the candidates an oral hearing before deciding to void their exam results and registrations. The LSO met its duty of procedural fairness by providing the candidates with particulars of the allegations against them and a full opportunity to respond in writing. The Divisional Court was found to have erred by conflating licensing decisions with good character proceedings (they are separate) and by failing to respect the LSO's choice of procedure in dealing with the matter. The Court also found that procedural fairness was breached when the Divisional Court issued costs orders against the LSO without inviting submissions.
In Hillier v. Ontario, the Court found that regulations placing gathering limits because of the COVID-19 pandemic limited the appellant's right to peaceful assembly under s. 2(c) of the Charter and could not be justified under s.1. The Court held that this case was materially different from Trinity Bible Chapel, wherein the Court affirmed that a measure of deference is owed to government decisions that seek to balance competing interests during a fluid public health crisis. In this case, the Court found that there was an absolute, rather than a partial ban and there was no tailoring of the restrictions to facilitate the right to peacefully assemble. The Court invited further submissions from the parties on the remedy to be granted.
In Canadian Western Bank v. Canadian Motor Freight Ltd., the Court dismissed appeals from findings of civil contempt related to the breach of court orders requiring the delivery of a fleet of trucks to a receiver.
In Caruso v Law Society of Ontario, the Court granted three motions to intervene in a case about the scope of practice of paralegals as immigration consultants. One intervenor motion by an organization connected to the appellant, and which requested that it be represented by the appellant on the appeal was dismissed, as there were questions about the impartiality of that intervenor.
In Iredale v. Dougall, a family law case, the Court upheld the trial judge's decision finding that the appellant had established his unjust enrichment claim against the respondent but awarding as a remedy a monetary equalization payment instead of a proprietary interest in the farm. There was no evidence the appellant's work on the farm had increased its value and by the time of trial, the respondent had ceased operating the farm business. The Court also upheld the time-limited spousal support order granted by the trial judge, even though the "Rule of 65" applies (length of marriage plus age of recipient of support is 65 or greater). There is discretion not to grant indefinite support even when the Rule of 65 applies.
In Essex (County) v. Enbridge Gas Inc., the Court dismissed the appeal, determining that the Divisional Court was correct in finding that the Ontario Energy Board made an extricable error of law when it voided a franchise agreement for breach of the rule against perpetuities. That rule does not restrict the duration of vested property right, but only voids contracts and other instruments that vest ownership in property beyond life in being plus 21 years. The OEB therefore erred in finding a franchise agreement from 1957 between Enbridge and the County of Essex void as offending the rule against perpetuities.
In Stride v Syra Group Holdings, a wrongful dismissal case, the Court dismissed an employee's motion for security of costs of the appeal brought by their employer. The appeal was not shown to be unmeritorious and there was insufficient evidence of efforts by the appellant employer to dispose of assets.
Wishing everyone an enjoyable weekend.
John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email
Table of Contents
Civil Decisions
Stride v. Syra Group Holdings, 2025 ONCA 265
Keywords: Civil Procedure, Appeals, Security for Costs, Rules of Civil Procedure, rr. 61.06(1), 56.01(1)(d), Thrive Capital Management Ltd. v. Noble 1324 Queen Inc., 2021 ONCA 474, Yaiguaje v. Chevron Corporation, 2017 ONCA 827, Donaldson International Livestock Ltd. v. Znamensky Selekcionno-Gibridny Center LLC, 2010 ONCA 137, Rathod v. Chijindu, 2024 ONCA 317, Combined Air Mechanical Services Inc. v. Flesch, 2010 ONCA 633, York University v. Markicevic, 2017 ONCA 651, York University v. Markicevic, 2017 ONCA 651, Lavallee v. Isak, 2022 ONCA 290, Henderson v. Wright, 2016 ONCA 89, Perron v. Perron, 2011 ONCA 776, Gauthier Estate v. White, 2022 ONCA 846, 798839 Ontario Ltd. v. Platt, [2014] O.J. No. 6077 (C.A.)
Hillier v. Ontario, 2025 ONCA 259
Keywords: Constitutional Law, Freedom of Peaceful Assembly, Oakes Test, Provincial Offences, Canadian Charter of Rights and Freedoms, s. 2(c), Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17, Rules for Areas in Stage 1, O. Reg. 82/20, Sch. 4, s. 1(1)(c), Stay-at-Home Order, O. Reg. 265/21, Sch. 1, s. 1(1), Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, Criminal Code, R.S.C. 1985, c. C-46, Ontario (Attorney General) v. Trinity Bible Chapel, 2023 ONCA 134, Harjee v. Ontario, 2023 ONCA 716; Gateway Bible Baptist Church et al. v. Manitoba et al., 2023 MBCA 56, leave to appeal refused, [2023] S.C.C.A. No. 369; Beaudoin v. British Columbia (Attorney General), 2022 BCCA 427, leave to appeal refused, [2023] S.C.C.A. No. 78; Grandel v. Government of Saskatchewan, 2024 SKCA 53, leave to appeal refused, [2024] S.C.C.A. No. 317, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, Housen v. Nikolaisen, 2002 SCC 33, Toronto (City) v. Ontario (Attorney General), 2019 ONCA 732, aff'd 2021 SCC 34, R. v. Sharma, 2020 ONCA 478, R. v. Sharma, 2022 SCC 39, Canada (Human Rights Commission) v. Taylor, [1990] 3 S.C.R. 892, RJR-MacDonald Inc. v. Canada (Attorney General), [1995] 3 S.C.R. 199, Little Sisters Book and Art Emporium v. Canada (Minister of Justice), 2000 SCC 69, Ontario (Attorney General) v. G, 2020 SCC 38, Frank v. Canada (Attorney General), 2019 SCC 1, R. v. K.R.J., 2016 SCC 31, Canada (Attorney General) v. Bedford, 4 2013 SCC 72, Carter v. Canada (Attorney General), 2015 SCC 5, R. v. Oakes, 3 [1986] 1 S.C.R. 103, Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37, Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1, Dunmore v. Ontario (Attorney General), 3 2001 SCC 94, R. v. Butler, [1992] 1 S.C.R. 452, Montréal (City) v. 2952-1366 Québec Inc., 2005 SCC 62, Ford v. Quebec (Attorney General), [1988] 2 S.C.R. 712, U.F.C.W., Local 1518 v. KMart Canada, [1999] 2 S.C.R. 1083, Schachter v. Canada, [1992] 2 S.C.R. 679, R. v. O'Connor, [1995] 4 S.C.R. 411
Canadian Western Bank v. Canadian Motor Freight Ltd., 2025 ONCA 263
Keywords: Bankruptcy and Insolvency, Receiverships, Civil Procedure, Orders, Enforcement, Contempt, Evidence, Hearsay, Appeals, Fresh Evidence Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. s. 193(e), R. v. Palmer, [1980] 1 S.C.R. 759, Carey v. Laiken, 2015 SCC 17
Afolabi v. Law Society of Ontario, 2025 ONCA 257
Keywords: Regulated Professions, Lawyers, Licensing, Discipline, Administrative Law, Procedural and Natural Justice, Right to be Heard, Standard of Review, Civil Procedure, Appeals, Fresh Evidence, Law Society Act, RSO 1990, c. L.8, s. 1(3), 27(2), 27(4), Law Society of Ontario By-Law 4, s. 8, 14(2), 18, Law Society of Ontario Licensing Process Policies, Part XIII, s. 13.4, Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, Khan v. University of Ottawa (1997), 34 O.R. (3d) 535 (C.A.), Michalski v. McMaster University, 2022 ONSC 2625, Barendregt v. Grebliunas, 2022 SCC 22, Palmer v. The Queen, [1980] 1 S.C.R. 759, Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 36, Mason v. Canada (Citizenship and Immigration), 2023 SCC 21, Canada (Minister of Citizenship and Immigration) v.Vavilov, 2019 SCC 65, Moreau-Bérubé v. New Brunswick (Judicial Council), 2002 SCC 11, Northern Regional Health Authority v. Horrocks, 2021 SCC 42, Hydro-Quebec v. Matta, 2020 SCC 37, H.L. v. Canada (Attorney General), 2005 SCC 25, Konstan v. Berkovits, 2024 ONCA 510, Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33, Knight v. Indian Head School Division No. 19, [1990] 1 S.C.R. 653, Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship), 2020 FCA 196, Halsbury's Laws of Canada, "Administrative Law", Toronto: LexisNexis Canada, 2022 Reissue
Caruso v Law Society of Ontario, 2025 ONCA 270
Keywords:Regulated Professions, Paralegals, Licensing, Civil Procedure, Appeals, Intervenors, Friends of the Court, Refugee Protection Act, S.C. 2001, c. 27, s. 91, College of Immigration and Citizenship Consultants Act, Statutory Powers and Procedures Act, Meat Inspection Act (Ontario), R.S.O. 1990, c. M.5, Rules of Civil Procedure, rr. 13.02, 13.03(2), 15.01(2), Peel (Regional Municipality) v. Great Atlantic & Pacific Co. of Canada (1990), 1990 CanLII 6886 (ON CA), Foster v. West, 2021 ONCA 263, Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 29, Jones v. Tsige, 2011 CanLII 99894 (ON CA), Daly v. Ontario Secondary School Teachers' Federation, 1999 CanLII 7319 (ON CA), Harper v. Harper (1979), 1979 CanLII 168 (SCC), Young v. Young 1993 CanLII 34 (SCC), GlycoBioSciences Inc. (Glyco) v. MAGNA Pharmaceuticals, Inc. (Magna), 2024 ONCA 760, GlycoBioSciences Inc. (Glyco) v. Industria Farmaceutica Andromaco, S.A., de C.V. (Andromaco), 2024...
