Good afternoon.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 24, 2025.
Continue Reading
In D.F. v. R.W.F., the Court allowed the appeal, in part, concerning a father's request for unsupervised parenting time with his adult child with Down Syndrome. While the order requiring supervised access was upheld, the order was varied to include an automatic review that might result in the father getting unsupervised access in the future.
In Huether v. Sharpe, a claim against a municipality for failure to properly inspect the construction of a home in 1986 or to follow up thereafter on the basis that the building permit had not been formally "closed" was dismissed as being out of time as a result of the 15-year ultimate limitation period set out in s. 15(2) of the Limitations Act. The Court dismissed the appeal and remarked that the Legislature had this exact type of claim in mind when it enacted the ultimate limitation period.
In 12175622 Canada Ltd. v. KSV Restructuring Inc., the Court allowed the appeal, finding that the motion judge erred in holding that liability for property taxes rested with the purchaser of assets rather than the vendor. The case turned on a provision in the Municipal Act which provides that liability for property tax arises on January 1 of every year, not when the property tax bill is sent.
In Democracy Watch v. Ontario (Integrity Commissioner), the Court dismissed an appeal by a non-profit seeking standing to challenge administrative decisions made regarding registered lobbyists. The Court agreed with the motion just that the appellant had no standing and the issues it sought to raise were not justiciable.
In Correa v Valstar Homes, the purchaser of a property sent closing funds 9 minutes too late. The vendor treated the contract at an end, but offered to close if the purchaser paid an additional $100,000. The purchaser did so, then sued for the $100,000, arguing the APS was ambiguous, that the $100,000 was a penalty or that it agreed to the payment under economic durees. The Court dismissed the appeal and agreed with the motion judge that the time of the essence clause permitted the vendor to terminate for the purchaser's breach and the demand for extra $100,000 was not a penalty, nor paid under duress. A new contract was formed.
Wishing everyone an enjoyable weekend.
John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email
Table of Contents
Civil Decisions
D.F. v. R. W. F., 2025 ONCA 129
Keywords: Family Law, Parenting, Child of the Marriage, Disabled Children, Civil Procedure, Amicus Curiae, Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), ss. 2(1) & 16.1, Child Support Guidelines, O. Reg 391/97, s. 7, Criminal Code, R.S.C. 1985, c. C-46, s. 127, J.F.R. v. K.L.L., 2024 ONCA 520, C.S. v. M.S., 2010 ONCA 196, 262 O.A.C. 225, N.S. v. R.M., 2019 ONCA 685, Ursic v. Ursic (2006), 32 R.F.L. (6th) 23 (Ont. C.A.), A.C.V.P. v. A.M.P., 2022 ONCA 283, Barendregt v. Grebliunas, 2022 SCC 22
Huether v. Sharpe , 2025 ONCA 140
Keywords: Torts, Negligence, Liability of Public Authorities, Municipalities, Duty of Care, Duty to Monitor, Novel Duties, Anns/Cooper Test, Civil Procedure, Limitation Periods, Ultimate Limitation Period, Continuous Acts or Omissions, Limitations Act, 2002, S.O. 2002 c. 24, Sched. B, ss. 4, 15(2), 15(6)(a), 24(5)1, Courts of Justice Act, R.S.O. 1990, c. C-43, s. 117, Limitations Act, R.S.A. 2000, c. L-12, s. 3(3)(a), Limitations of Actions Act, S.N.S. 2014, c. 35, s. 8(3)(a), Ontario Building Code, O. Reg. 583/83, Alberta Rules of Court, Alta. Reg. 124/2010, r. 9.9, Huether v. Sharpe, 2024 ONSC 1987, Breen v. Lake of Bays (Township), 2022 ONCA 626, Wong v. Lui, 2023 ONCA 272, Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, R. v. Breault, 2023 SCC 9, MediaQMI inc. v. Kamel, 2021 SCC 23, Canaccord Capital Corp. v. Roscoe, 2013 ONCA 378, York Condominium Corp. No. 380 v. Jay-M Holdings Ltd., 2007 ONCA 49, leave to appeal refused, [2007] S.C.C.A. No. 154, Seidel v. Kerr, 2003 ABCA 267, Hamilton v. Quaker Oats Co. (1919), 46 O.L.R. 309 (H.C.), Hole v. Chard Union, [1894] 1 Ch. 293, McIntosh v. Parent (1924), 55 O.L.R. 552 (C.A.), Smart v. South Saskatchewan Hospital Centre, 60 D.L.R. (4th) 8 (Sask. C.A.), Roberts v. City of Portage La Prairie, [1971] S.C.R. 481, Jalla & Ors v. Shell International Trading and Shipping Company & Anor, [2021] EWCA Civ 63, unset Inns Inc. v. Sioux Lookout (Municipality), 2012 ONSC 437, aff'd 2012 ONCA 416, Bowes v. Edmonton (City of), 2007 ABCA 347, Rothfield v. Manolakos, [1989] 2 S.C.R. 1259, Ingles v. Tutkaluk Construction Ltd., 2000 SCC 12, Anns v. Merton London Borough Council, [1978] A.C. 728 (H.L.), Cooper v Hobart, 2001 SCC 79, Charlesfort Developments Limited v. Ottawa (City), 2021 ONCA 410, leave to appeal refused, [2021] S.C.C.A. No. 302, Elmer A. Driedger, Construction of Statutes, 2nd ed. (Toronto: Butterworths, 1983), Alberta Law Reform Institute, Limitations (Edmonton: Alberta Law Reform Institute, 1989), Salmond on Torts, 15th ed.
Skymark Finance Corporation v. Mahal Venture Capital Inc., 2025 ONCA 141
Keywords: Contracts, Interpretation, Municipal law, Property Tax, Bankruptcy and Insolvency, Receiverships, Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, Municipal Act, 2001, S.O. 2001, c. 25 s. 307(3), s. 349(1), Credit Union Central of Ontario Limited v. Heritage Property Holdings Inc., 2008 ONCA 167, Schreyer v. Schreyer, 2011 SCC 35, Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc., 2019 ONCA 508, Grant Thornton Limited et al. v. 1902408 Ontario Ltd, 2022 ONSC 2011, Lloyd W. Houlden, Geoffrey B. Morawetz and Janis P. Sarra, Bankruptcy and Insolvency Law of Canada, loose-leaf (2025-Rel. 2), 4th ed. (Toronto: Thomson Reuters, 2009)
Correa v. Valstar Homes (Oakville Sixth Line) Inc., 2025 ONCA 156
Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Time of the Essence, Remedies, Civil Procedure, Summary Judgment, King Lofts Toronto I Ltd. v. Emmons, 2014 ONCA 215, Whalen v. Hilier (2001), 53 O.R. (3d) 550 (C.A.), Gnyś v. Narbutt, 2016 ONSC 2594, 3 Gill Homes Inc. v. 5009796 Ontario Inc. (c.o.b. Kassar Homes), 2024 ONCA 6, Di Millo v. 2099232 Ontario Inc., 2018 ONCA 1051, Maher v. Great Atlantic & Pacific Co. of Canada, 2010 ONCA 415, More v. 1362279 Ontario Ltd. (c.o.b. Seiko Homes), 2023 ONCA 527, Kawartha Capital Corp. v. 1723766 Ontario Ltd., 2020 ONCA 763, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Housen v. Nikolaisen, 2002 SCC 33, Eurig Estate (Re), [1998] 2 S.C.R. 565
Democracy Watch v. Ontario (Integrity Commissioner), 2025 ONCA 153
Keywords: Administrative Law, Judicial Review, Public Law, Lobbying, Civil Procedure, Standard of Review, Standing, Justiciability, Lobbyists Registration Act, 1998, S.O. 1998, c. 27, ss. 3.4, 17.1-17.12 Judicial Review Procedure Act, R.S.O. 1990, c. J.1, s. 10, Lobbyists' Code of Conduct and the Lobbying Act, R.S.C. 1985, c. 44 (4th Supp.), Members' Integrity Act, 1994, S.O. 1994, c. 38, s. 23, Conflict of Interest Act, S.C. 2006, c. 9, Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45, Democracy Watch v. Canada (Attorney General), 2021 FC 613, British Columbia (Attorney General) v. Council of Canadians with Disabilities, 2022 SCC 27, Canadian Pacific Ltd. v. Matsqui Indian Band, [1995] 1 S.C.R. 3, Hadmor Productions Ltd. v. Hamilton, [1982] 1 All E.R. 1042, Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8, Stewart et al. v. Office of the Independent Police Review Director et al., 2014 ONSC 6150 (Div. Ct.), Nova Scotia Board of Censors v. McNeil, [1976] 2 S.C.R. 265, Minister of Justice (Can.) v. Borowski, [1981] 2 S.C.R. 575, Finlay v. Canada (Minister of Finance), [1986] 2 S.C.R. 607, Delta Air Lines Inc. v. Luk'cs, 2018 SCC 2, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, Canadian Elevator Industry Education Program v. Nova Scotia (Elevators and Lifts), 2016 NSCA 80, Ocean Port Hotel Ltd. v. British Columbia (General Manager, Liquor Control and Licensing Branch), 2001 SCC 52, Democracy Watch v. Canada (Attorney General), 2020 FCA 28, Democracy Watch v. Canada (Attorney General), 2018 FCA 194, Democracy Watch v. Canada (Attorney General), 2022 FCA 208, Democracy Watch v. Canada (Attorney General), 2024 FCA 158, Ecology Action Centre v. Nova Scotia (Environment and Climate Change), 2023 NSCA 12, Lorne M. Sossin and Gerard Kennedy, Boundaries of Judicial Review: The Law of Justiciability in Canada, 3rd ed. (Toronto: Thomson Reuters Canada, 2024)
Short Civil Decisions
Skrak v. Skrak, 2025 ONCA 143
Keywords: Family Law, Spousal Support, Equalization of Net Family Property, Civil Procedure, Retrial, Pre-Judgment Interest, Post-Judgment Interest
Isard Estate v. Gunn, 2025 ONCA 139
Keywords: Wills and Estates, Residue Clause, Codicil, Remedies, Rectification
Ruck v. Mississauga (City), 2025 ONCA 147
Keywords: Constitutional Law, Civil Procedure, Notice of Constitutional Issue, Courts of Justice Act, RSO 1990, c. C.43, s 109
Martel v. Ottawa (City), 2025 ONCA 148
Keywords: Civil Procedure, Summary Judgment
Jodi L. Feldman Professional Corporation v. Foulidis, 2025 ONCA 150
Keywords: Contracts, Solicitor and Client, Civil Procedure, Appeals, Perfection, Extension of Time, Codina v. Canadian Broadcasting Corporation, 2020 ONCA 116, Issai v. Rosenzweig, 2011 ONCA 112, Boucher et al. v. Public Accountants Council for the Province of Ontario et al. (2004), 71 O.R. (3d) 291(CA), Cohen v. Kealey & Blaney (1985), 26 C.P.C. (2d) 211 (Ont. C.A.)
Brown v. Weirfoulds LLP, 2025 ONCA 152
Keywords: Employment Law, Constructive Dismissal, Human Rights, Discrimination, Torts, Defamation, Conspiracy, Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Human Rights Code, R.S.O. 1990, c. H.19, Law Society of Ontario, Rules of Professional Conduct
Ezidiegwu v. Manorgate Homes (Whitby) Inc., 2025...
