Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 20, 2025.
Congratulations to Blaneys' very own Reeva Finkel and Steve Kelly for the outcome they achieved for our client in Financial Services Regulatory Authority v. First Swiss Mortgage Corp. The Court upheld the lower court's decision discharging a mortgage after finding that a mortgage corporation had acted as an agent when it accepted borrowers' payout funds. Notwithstanding the failure of the agent to forward the money to the assignee of the mortgage, the Court ruled that the borrowers had properly paid off their loan, since they reasonably relied on the agent's authority.
Aizic v. Natcan Trust Company addressed the interpretation of a certification order that required leave to commence "any other proceeding relating to the subject matter" of the certified class actions. The motion judge held that the leave requirements applied only to parties and class members of the certified actions, not to non-class members bringing different proposed class actions. The Court agreed and dismissed the appeal. Applying the text-context-purpose framework, the Court concluded that the orders were aimed at delineating the single class action that may proceed for the certified class, and that any ambiguity should be resolved narrowly to preserve a party's right to sue.
In Richard v. Canada (Attorney General), the Court dismissed Canada's appeal from a certification order in a proposed class action that challenged the CBSA's use of provincial prisons to temporarily house immigration detainees. Applying the Class Proceedings Act framework and the "plain and obvious/bound to fail" standard to whether the claim discloses a reasonable cause of action, the Court upheld the certification of Charter claims under ss. 7, 9, 12, and 15, as well as a systemic negligence claim.
In Canadian Tire Corporation, Limited v. Eaton Equipment Ltd., the Court of Appeal largely upheld the summary judgment finding against Eaton Equipment, S.M., and related entities liable for a sophisticated civil fraud scheme that used falsified repair invoices routed through an intermediary administrator to extract over $3.2 million from Canadian Tire. However, the Court did set aside the judgment against C.M. for insufficient evidence of her knowledge of the fraud.
Amiri v. Nazer concerned an appeal from the trial judge's final order following the parties' family law trial. The Court dismissed the appeal, and upheld all findings in favour of the respondent, concluding that the trial judge acted fairly and within her discretion.
In Brady v. Waypoint Centre for Mental Health Care the Court dismissed the appeal from the motion judge's order, holding that the wrongful dismissal claim was commenced outside the two-year limitation period.
Wishing everyone an enjoyable weekend.
Table of Contents
Civil Decisions
Financial Services Regulatory Authority of Ontario v. First Swiss Mortgage Corp.,2025 ONCA 731
Keywords: Contracts, Real Property, Mortgages, Agency, Bare Trustees, Actual and Apparent Authority, Monachino v. Liberty Mutual Fire Insurance Company (2000), 47 O.R. (3d) 481 (C.A.), 1196303 Inc. v. Glen Grove Suites Inc., 2015 ONCA 580, Trident Holdings Ltd. v. Danand Investments Ltd. (1988), 64 O.R. (2d) 65 (C.A.), Paragon Development Corporation v. Sonka Properties Inc., 2011 ONCA 30, Stikeman Elliott LLP v 2083878 Alberta Ltd., 2019 ABCA 274
Aizic v. Natcan Trust Company,2025 ONCA 719
Keywords: Civil Procedure, Class Proceedings, Certification, Orders, Interpretation, Courts of Justice Act, RSO 1990, c 45, s. 106, Class Proceedings Act, 1992, S.O. 1992, c. 6., ss. 5, 8, 12, 13, Rules of Civil Procedure, rr. 1.04, 6.01(1), Frayce v. BMO Investor Line Inc. et al, 2023 ONSC 16, Gilani v. BMO Investments Inc., 2021 ONSC 3589, Fontaine v. Canada (Attorney General), 2020 ONCA 688, Chippewas of Saugeen First Nation v. South Bruce Peninsula (Town), 2024 ONCA 884, Auer v. Auer, 2024 SCC 36, Koroluk v. KPMG Inc., 2022 SKCA 57,Warde v Slatter Holdings Ltd., 2016 BCCA 63, Kuang v. Young, 2023 ONSC 2429, Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Directrice de la protection de la jeunesse du CISSS A, 2024 SCC 43, Berardinelli v. Ontario Housing Corp, [1979] 1 S.C.R. 275, Garland v. Consumers' Gas Co.(2001), 57 O.R. (3d) 127 (C.A.), Amyotrophic Lateral Sclerosis Society of Essex v. Windsor (City), 2015 ONCA 572, Ciardullo v. 1832 Asset Management L.P., et al., 2023 ONSC 4466, R. v. Hutchinson, 2014 SCC 19
Richard v. Canada (Attorney General), 2025 ONCA 713
Keywords: Torts, Institutional Negligence, Crown Liability, Immigration and Refugee Law, Constitutional Law, Charter Claims, Right to Life, Liberty and Security of the Person, Right to Freedom from Arbitrary Detention, Right to Freedom from Cruel and Unusual Punishment, Equality Rights, Civil Procedure, Class Proceedings, Certification, Reasonable Cause of Action, Common Issues, Canadian Charter of Rights and Freedoms, ss. 1, 6(1), 7, 9, 12, 15(1), 24(1), Class Proceedings Act, S.O. 1992, c. 6, ss. 5, 24(1), Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 3(3), Part 1, Division 6, Rules of Civil Procedure, r. 21.01(1)(b), Leroux v. Ontario, 2023 ONCA 314, Stolove v. Waypoint Centre for Mental Health Care, 2025 ONCA 376, Lilleyman v. Bumble Bee Foods LLC, 2024 ONCA 606, Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19, Davis v. Amazon Canada Fulfillment Services, 2025 ONCA 421, Brown v. Canada, 2020 FCA 130, R. v. Wust, 2000 SCC 18, R v. Jean, 2008 BCCA 465, Ogiamien v. Ontario (Community Safety and Correctional Services), 2017 ONCA 667, R. v. Grant, 2009 SCC 32, Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9, Canada (Minister of Employment and Immigration) v. Chiarelli, [1992] 1 S.C.R. 711, Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143, Owsianik v. Equifax Canada Co., 2022 ONCA 813, MacLean v. R., [1973] S.C.R. 2, Brazeau v. Canada (Attorney General), 2020 ONCA 184, Rice v. New Brunswick, 2002 SCC 13, Vancouver (City) v. Ward, 2010 SCC 27, Francis v. Ontario, 2021 ONCA 197, Carcillo v. Ontario Major Junior Hockey League, 2025 ONCA 652, Palmer v. Teva Canada Ltd., 2024 ONCA 220, Hollick v. Toronto (City), 2001 SCC 68, Western Canadian Shopping Centres Inc. v. Dutton, 2001 SCC 46, Hodge v. Neinstein, 2017 ONCA 494, Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2013 SCC 57, Western Canadian Shopping Centres Inc. v. Dutton, 2001 SCC 46, Good v. Toronto (Police Services Board), 2016 ONCA 250, Rumley v. British Columbia, 2001 SCC 69, Cloud v. Canada (Attorney General), 73 O.R. (3d) 401 (C.A.), leave to appeal refused, Cirillo v. Ontario, 2021 ONCA 353, Johnson v. Ontario, 2016 ONSC 5314
Canadian Tire Corporation, Limited v. Eaton Equipment Ltd., 2025 ONCA 720
Keywords: Torts, Fraud, Fraudulent Misrepresentation, Conversion, Unjust Enrichment, Civil Procedure, Summary Judgement, Bruno Appliance and Furniture Inc. v. Hryniak, 2014 SCC 8, HSBC v. Guido, 2025 ONCA 684
Amiri v. Nazer, 2025 ONCA 726
Keywords: Family Law, Property, Marriage Contracts, Dowry, Support, Imputing Income, Remedies, Resulting Trust, Constructive Trust, Equalization of Net Family Property, Civil Procedure, Evidence, Credibility, Procedural and Natural Justice, Reasonable Apprehension of Bias, Costs, Family Law Act, R.S.O. 1990, c. F.3., ss. 4 and 5, Family Law Rules, O. Reg. 114/99
Brady v. Waypoint Centre for Mental Health Care, 2025 ONCA 722
Keywords: Contracts, Employment and Labour, Wrongful Dismissal, Civil Procedure, Striking Pleadings, Jurisdiction, Limitation Periods, Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A, s. 48(1), Limitations Act, 2002, S.O. 2002, c. 24, Sched. B. s. 4, Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, s. 7.1(6), Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17, Weber v. Ontario Hydro, [1995] 2 S.C.R. 929, McAuley v. Canada Post Corporation, 2021 ONSC 4528, Joseph v. Paramount Canada's Wonderland, 2008 ONCA 469, Strathan Corporation v. Khan, 2019 ONCA 418
Short Civil Decisions
Meffe v. Toronto (City), 2025 ONCA 716
Keywords: Real Property, Municipal Law, Land Use Planning, Public Law, Municipal Liability, Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Abuse of Process, Collateral Attack, Self-Represented Litigants, Rules of Civil Procedure, r. 21, Salasel v. Cuthbertson, 2015 ONCA 115, Mitchell v. Lewis, 2016 ONCA 903
Scanga v. Balena, 2025 ONCA 727
Keywords: Contracts, Referral Fees, Regulated Professions, Lawyers, Civil Procedure, Summary Judgment, Limitations Periods, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, ss. 15 and 4, Enterprise Rent-A-Car Co. v. Shapiro, Cohen, Andrews, Finlayson (1998), 38 O.R. (3d) 257 (C.A.), Pickering Square Inc. v. Trillium College Inc., 2016 ONCA 179
Kakoutis v. Bank of Nova Scotia, 2025 ONCA 715
Keywords: Civil Procedure, Judgments, Enforcement, Writs of Possession, Appeals, Jurisdiction, Courts of Justice Act, R.S.O. 1990, c. C. 43, ss. 17(a), 19(1)(c), 134(3)
S.S. v. S.R.A., 2025 ONCA 724
Keywords: Family Law, Support, Parenting, Civil Procedure, Orders, Enforcement, Appeals, Abuse of Process, Vexatious Litigants, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 134(3), Abu-Saud v. Abu-Saud, 2020 ONCA 824, Consentino v. Consentino, 2017 ONCA 593, Lamothe v. Ellis, 2022 789, Talwar v. Grand River Hospital, 2025 ONCA 35, J.J.W. v. K.F., 2024 ONCA 362
Gloger v. Evans, 2025 ONCA 730
Keywords: Wills and Estates, Contracts, Real Property, Civil Procedure, Settlements, Enforcement
124020 Ontario Limited v. Hike Metal Products Limited, 2025 ONCA 735
Keywords: Civil Procedure, Appeals, Jurisdiction, Final or Interlocutory
CIVIL DECISIONS
Financial Services Regulatory Authority of Ontario v. First Swiss Mortgage Corp., 2025 ONCA 731
[Paccioco, Zarnett and Favreau JJ.A.]
Counsel:
D. Szirmak and A. Tacy, for the...
