COURT OF APPEAL SUMMARIES (OCTOBER 13 – 17)

Christian Heritage Party of Canada v. Hamilton (City) involved four motions for leave to intervene in an appeal of a judicial review involving freedom of speech and religion. On judicial review, the Divisional Court held that the City’s refusal to post advertisements submitted by a Christian political party because they might harm the trans community was reasonable and procedurally fair. The motion judge affirmed the test to intervene in constitutional cases, granting an LGBTQ2S+ organization and a Christian advocacy group intervener status while denying leave to intervene to two other organizations.

Becker v. Walgate concerned a long-running boundary dispute between neighboring cottage property owners over the true end point of the dividing line between two lots at the water line. The Court dismissed the appellants’ attempt to reopen the case with a new theory, finding it was not based on new facts but on evidence that could have been raised earlier, making the application an abuse of process.

In Alli v. Shakur the Court upheld a summary judgment dismissing E.A.’s defamation claim against his nephews, finding no credible or admissible evidence of the alleged text message accusing him of sexual assault. The Court held that the motion judge properly rejected hearsay evidence, made reasonable credibility findings, and appropriately exercised her fact-finding powers under Rule 20.04(2.1).

In Sharif v. Canada (Public Safety and Emergency Preparedness), the Court granted an interim injunction halting the deportation of a 26-year-old Somali national pending his motion for leave to appeal. Applying the RJR-MacDonald test, the Court found a serious issue to be tried, irreparable harm if deported before review, and that the balance of convenience favoured maintaining the stay given the applicant’s detention and the minimal delay compared to the severe consequences of removal.

Wishing everyone an enjoyable weekend.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Civil Decisions

Keywords: Constitutional Law, Public Law, Administrative Law, Charter Rights, Freedom of Expression, Freedom of Conscience and Religion, Civil Procedure, Judicial Review, Interveners, Canadian Charter of Rights and Freedoms, ss. 2a), 2b) and 7, Rules of Civil Procedure, rr. 13.02 and 13.03(2), Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 S.C.R. 395., Peel (Regional Municipality) v. Great Atlantic & Pacific Co. of Canada Ltd. (1990), 74 O.R. (2d) 164, Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 29, Caruso v. Law Society of Ontario, 2025 ONCA 270, Animal Justice v. Ontario (Attorney General), 2024 ONCA 941, Fair Voting BC v. Canada (Attorney General), 2024 ONCA 619, Solmar Inc. v. Hall, 2025 ONCA 570, General Manager, OHIP v. K.S., 2024 ONSC 130 (Div. Ct.), Oakwell Engineering Limited v. Enernorth Industries Inc., 2006 CanLII 60327 (Ont. C.A.), Bowman v. Ontario, 2021 ONCA 795, Henry v. Zaitlen, 2023 ONCA 740, Right to Life Association of Toronto and Area v. Canada (Employment, Workforce and Labour), 2022 FCA 67

Keywords: Real Property, Riparian Rights, Boundary Dispute, Civil Procedure, Abuse of Process, Collateral Attack, Orders, Variation, New Evidence, Rules of Civil Procedure, rr. 1.04(1), 37.14, 59.06 and 61.16(6.1), Wilson v. The Queen, [1983] 2 S.C.R. 594, Garland v. Consumers’ Gas Co., 2004 SCC 25, Canada (Attorney General) v. TeleZone Inc., 2010 SCC 62, Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63, Behn v. Moulton Contracting Ltd., 2013 SCC 26, Law Society of Saskatchewan v. Abrametz, 2022 SCC 29, Aba-Alkhail v. University of Ottawa, 2013 ONCA 633, Winter v. Sherman Estate, 2018 ONCA 703, The Catalyst Capital Group Inc. v. VimpelCom Ltd., 2019 ONCA 354, Quinn v. British Columbia, 2018 BCCA 320, Saskatchewan (Environment) v. Métis Nation – Saskatchewan, 2025 SCC 4, Winter v. Sherman, 2017 ONSC 5492, Becker v. Toronto (City), 2020 ONCA 607, Las Vegas Strip Ltd. v. Toronto (City) (1996), 30 O.R. (3d) 286 (Gen. Div.), Chippewas of Saugeen First Nation v. South Bruce Peninsula (Town), 2024 ONCA 884, Akagi v. Synergy Group (2000) Inc., 2014 ONCA 731, Marché D’Alimentation Denis Thériault Ltée v. Giant Tiger Stores Ltd., 2007 ONCA 695, Trillium Motor World Ltd. v. Cassels Brock & Blackwell LLP, 2017 ONCA 840, Bowen v. JC Clark Ltd., 2023 ONCA 181, Sabourin and Sun Group of Companies v. Laiken, 2013 ONCA 530, Tsaoussis (Litigation guardian of) v. Baetz (1998), 41 O.R. (3d) 257 (C.A.), Midland Resources Holding Limited v. Shtaif, 2018 ONCA 33

Keywords: Torts, Defamation, Civil Procedure, Summary Judgement, Fact-Finding Powers, Evidence, Admissibility, Hearsay, Rules of Civil Procedure, r. 20.04(2.1), Alli v. Shakur, 2024 ONSC 6934

Keywords: Administrative Law, Immigration, Deportation, Civil Procedure, Judicial Review, Appeals, Stay Pending Appeal, Interim Injunctions, Judicial Review Procedure Act, RSO 1990, c J.1, s. 6(2), Courts of Justice Act, RSO 1990, c C.43, s. 134(2), Immigration and Refugee Protection Act, S.C. 2001, c. 27., s. 36(1)(a), RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, Circuit World Corp. v. Lesperance (1997), 33 O.R. (3d) 674 (C.A.), Ahani v. Canada (Attorney General) (2002), 155 O.A.C. 1 (C.A.), Sharif v. Minister of Public Safety and Emergency Preparedness, 2025 ONSC 5221

Short Civil Decisions

Keywords: Torts, Negligence, Breach of Contract, Breach of Fiduciary Duty, Damages, R. v. Reid, 2016 ONCA 524

Keywords: Contracts, Forum Selection Clauses, Debtor-Creditor, Promissory Notes, Civil Procedure, Jurisdiction, Forum Non Conveniens, Rules of Civil Procedure, r. 17.02(f), Van Breda v. Village Resorts Ltd., 2012 SCC 17

Keywords: Contracts, Real Property, Mortgages, Enforcement, Writs of Possession, Appeals, Perfection, Mootness

Keywords: Real Property, Adverse Possession, Real Property Limitations Act, R.S.O. 1990, c. L.15, s. 4, Land Titles Act, R.S.O. 1990, c. L.5, s. 51, Kosicki v. Toronto (City), 2025 SCC 28, McClatchie v. Rideau Lakes (Township), 2015 ONCA 233, Armstrong v. Moore, 2020 ONCA 49

Keywords: Contracts, Agreements of Purchase and Sale of Land, Entire Agreement Clauses, Bankruptcy and Insolvency, Receiverships, Tercon Contractors Ltd. v. British Columbia (Minister of Transportation & Highways), 2010 SCC 4

[Gomery J.A. (Motion Judge)]

Counsel:

G. Milousis and J. Bieman, for the appellants/responding parties

S. Zacharias, for the respondent/responding party

E. Phillips, M. Dill and K. Chen, for the proposed intervener/moving party Egale Canada

L. Bildy, for the proposed intervener Free Speech Union of Canada

H. Kheir, for the proposed intervener Charter Advocates Canada

J. Persaud, for the proposed intervener Association for Reformed Political Action

Keywords: Constitutional Law, Public Law, Administrative Law, Charter Rights, Freedom of Expression, Freedom of Conscience and Religion, Civil Procedure, Judicial Review, Interveners, Canadian Charter of Rights and Freedoms, ss. 2a), 2b) and 7, Rules of Civil Procedure, rr. 13.02 and 13.03(2), Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 S.C.R. 395., Peel (Regional Municipality) v. Great Atlantic & Pacific Co. of Canada Ltd. (1990), 74 O.R. (2d) 164, Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 29, Caruso v. Law Society of Ontario, 2025 ONCA 270, Animal Justice v. Ontario (Attorney General), 2024 ONCA 941, Fair Voting BC v. Canada (Attorney General), 2024 ONCA 619, Solmar Inc. v. Hall, 2025 ONCA 570, General Manager, OHIP v. K.S., 2024 ONSC 130 (Div. Ct.), Oakwell Engineering Limited v. Enernorth Industries Inc., 2006 CanLII 60327 (Ont. C.A.), Bowman v. Ontario, 2021 ONCA 795, Henry v. Zaitlen, 2023 ONCA 740, Right to Life Association of Toronto and Area v. Canada (Employment, Workforce and Labour), 2022 FCA 67

facts:

In 2023, the Christian Heritage Party of Canada (the “CHP”), a political party that describes itself as advancing Christian values, submitted an advertisement to the City of Hamilton (the City”) for display in the Hamilton transit system. The proposed advertisement featured a photo of a smiling woman and the statement, “Woman: An Adult Female. Bringing Respect for Life and Truth to Canadian Politics” as well as the CHP name and website. The City refused the advertisement, explaining in a letter that the proposed ad jeopardized its ability to provide a safe and welcoming transit system because of the harms it could generate for the transgender community.

The Divisional Court dismissed CHP’s application for judicial review of the City’s decision. It noted...