Court Of Appeal Summaries (November 3 ' 7, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of November 3, 2025.

In Binance Holdings Limited v. Ontario Securities Commission, the Court concluded that the summons issued in an OSC investigation of a cryptocurrency exchange was unconstitutionally overbroad and constituted an unreasonable seizure because it compelled communications far beyond what may be relevant to a properly authorized inquiry. The Court set aside the summons, ordered the return of the documents produced under the summons, and left it open to the investigator to issue a Charter‑compliant summons.

In Davies v Jane, the Court partly allowed an appeal from a trial judgment that set aside a separation agreement under section 56(4) of the Family Law Act. The Court concluded that there was no basis to invalidate the separation agreement in its entirety, as the wife had not demonstrated prejudicial financial nondisclosure, lack of understanding, or any contractual vitiating factor. However, applying the Divorce Act and the Miglin framework, the Court did partly set aside the separation agreement, removing a cohabitation clause. The Court upheld the amount of support awarded by the trial judge on an indefinite basis, but reduced the amount of life insurance the husband had to buy to secure his spousal support obligation to the amount that had been negotiated in the separation agreement.

In Bello v. Hamilton (City), the Court allowed the appeal from a summary judgment that dismissed a claim against the municipality under s. 44(8) of the Municipal Act. The Court found the motion judge applied the wrong legal test by focusing on the reasonable foreseeability of a cyclist using the portion of the road where the accident occurred rather than on determining whether that portion of road was "commonly and habitually used by the public for the purpose of travel."

The Ontario Court of Appeal in Alyange Holdings Inc. v. Dewdney Mountain Farms Ltd. affirmed a Superior Court order enforcing a 2022 settlement agreement tied to Alyange's second mortgage, rejecting the appellants' attempt to withhold consent to judgment based on alleged non-compliance with Bankruptcy and Insolvency Act s. 244. The court emphasized that the motion sought enforcement of the settlement contract. The appeal was dismissed and the settlement enforced.

In Longarini v. Rankin, the Court dismissed a motion to extend the time to appeal an order striking a claim against lawyers as disclosing no reasonable cause of action.

Wishing everyone an enjoyable weekend.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Table of Contents

Civil Decisions

Bello v. Hamilton (City), 2025 ONCA 758

Keywords: Torts, Negligence, Public Nuisance, Municipal Liability, Civil Procedure, Summary Judgment, Standard of Review, Municipal Act, 2001, S.O. 2001, c. 25, s. 44(8)(1) (2), Housen v. Nikolaisen, 2002 SCC 33, Mask v. Silvercorp Metals Inc., 2016 ONCA 641, McHardy v. Ball, 2013 ONSC 6564, MacDonald v. LeFebvre et al., [1962] O.R. 495 (C.A.), 32 D.L.R. (2d) 696, Bland v. The King, [1941] O.R. 273, [1941] 4 D.L.R. 414 (C.A.); Falkner (Litigation Guardian of) v. Wasaga Beach (Town) (2004), 50 M.P.L.R. (3d) 277 (Ont. S.C.), Pyke v. Calgary, 2023 ABCA 304, Ouellette v. The Corporation of the Town of Hearst (2004), 70 O.R. (3d) 204 (C.A.), 237 D.L.R. (4th) 504, Jacob v. Tilbury (Town) (1940), [1941] 1 D.L.R. 456 (Ont. C.A.), [1940] O.W.N. 530

Davies v. Jane, 2025 ONCA 752

Keywords: Family Law, Domestic Contracts, Separation Agreements, Setting Aside, Spousal Support, Civil Procedure, Procedural and Natural Justice, Insufficiency of Reasons, Family Law Act, R.S.O. 1990, c. F.3, s. 56(4), Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), ss. 15.2, 15.2(6), Courts of Justice Act, R.S.O. 1990, c. C.43, s. 134, Family Law Rules, O. Reg. 114/99, rr. 2(2), 2(3), Miglin v. Miglin, 2003 SCC 24, Cassidy v. McNeil, 2010 ONCA 218, Pustai v. Pustai, 2018 ONCA 785, Chee-A-Tow v. Chee-A-Tow, 2021 ONSC 2080, Penate v. Martoglio, 2024 ONCA 166, Lawson v. Lawson (2006), 81 O.R. (3d) 321 (C.A.), Crump v. Fiture, 2018 ONCA 439, Torgersrud v. Lightstone, 2023 ONCA 580, leave to appeal request abandoned, [2023] S.C.C.A. No. 464, Faiello v. Faiello, 2019 ONCA 710, LeVan v. LeVan, 2008 ONCA 388, Anderson v. Anderson, 2023 SCC 13, Dougherty v. Dougherty, 2008 ONCA 302, Lisa Ludmer v. Brian Ludmer, 2013 ONSC 784, var'd on other grounds, 2014 ONCA 827]

Binance Holdings Limited v. Ontario Securities Commission, 2025 ONCA 751

Keywords: Administrative Law, Judicial Review, Securities Regulation, Cryptocurrency, Investigations, Summonses, Constitutional Law, Freedom from Unreasonable Search and Seizure, Securities Act, R.S.O 1990, c. S.5, ss. 1(1), 11(1)(a), 13, 144(1), Securities Commission Act, 2021, S.O. 2021, c. 8, Sched. 9, s. 25, Canadian Charter of Rights and Freedoms, s. 8, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, Combines Investigation Act, R.S.C. 1970, c. C-23, s. 17, Federal Child Support Guidelines,SOR/97-175, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 134(1)(a), Income Tax Act, R.S.C. 1952, c. 148, s. 231, Rules of Civil Procedure, r. 53.04, RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, Doré v. Barreau du Québec,2012 SCC 12, Hunter et al. v. Southam Inc., [1984] 2 S.C.R. 145, British Columbia Securities Commission v. Branch, [1995] 2 S.C.R. 3, Thomson Newspapers Ltd. v. Canada (Director of Investigation and Research, Restrictive Trade Practices Commission), [1990] 1 S.C.R. 425, R. v. McKinlay Transport Ltd., [1990] 1 S.C.R. 627, Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46, York Region District School Board v. Elementary Teachers' Federation of Ontario, 2024 SCC 22, Bell ExpressVu Limited Partnership v. Rex, 2002 SCC 42, B (Re), 2020 ONSEC 21, Universal Settlement International Inc. (Re), (2003), 26 O.S.C.B 1307, Bogaerts v. Ontario (Attorney General),2019 ONCA 876, Law Society of Alberta v. Sidhu, 2017 ABCA 224, Power Workers' Union v. Canada (Attorney General), 2024 FCA 182, Strickland v. Canada (Attorney General), 2015 SCC 37, Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8, Canadian Pacific Ltd. v. Matsqui Indian Band, [1995] 1 S.C.R. 3, Dunsmuir v. New Brunswick, 2008 SCC 9, Mathur (Litigation guardian of) v. Ontario, 2024 ONCA 762, Alberta (Human Rights Commission) v. Alberta Blue Cross Plan, 1983 ABCA 207, Canada (Director Of Investigation and Research) v. Can. (Restrictive Trade Practices Comm), (1985), 18 D.L.R. (4th) 750 (Fed. C.A.), British Columbia (Securities Commission) v. Stallwood, (1995), 7 B.C.L.R. (3d) 339 (B.C. Sup. Ct.), North America Frac Stand. Inc. (Re),2020 ABASC 40, Ramos v. Ontario (Independent Police Review, Director), 2012 ONSC 7347 (Div. Ct.), Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31

Keywords: Contracts, Real Property, Mortgages, Civil Procedure, Settlements, Enforcement, Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 244(1), Rules of Civil Procedure, r. 49.09, Deschenes v. Lalonde, 2020 ONCA 304, Mohammed v. York Fire and Casualty Insurance Co. (2006), 79 O.R. (3d) 354 (C.A.), 917488 Ontario Inc. v. Sam Mortgages Ltd., 2013 ONSC 2212

Keywords: Torts, Breach of Confidence, Settlement Privilege, Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Appeals, Extension of Time, Security for Costs, 1250264 Ontario Inc. v. Pet Valu Canada Inc., 2015 ONCA 5, Laski v. Laski, 2016 ONCA 337, Wardlaw v. Wardlaw, 2020 ONCA 286, TT Pharmaceutical Holdings, Inc. v. Rapid Dose Therapeutics Inc., 2019 ONCA 1018, Odhavji Estate v. Woodhouse, 2003 SCC 69, Augier v. Vis, 2011 ONSC 4583, R. v. Leipert, [1997] 1 S.C.R. 281, R. v. Nestle Canada Inc., 2015 ONSC 810, Miguna v. Ontario, (2005), 262 D.L.R. (4th) 222 (Ont. C.A.)

Short Civil Decisions

863880 Ontario Limited v. Canadian Pacific Railway Company, 2025 ONCA 755

Keywords: Property, Torts, Nuisance, Negligence, Environmental Contamination, Civil Procedure, Summary Judgment, Limitation Periods, Discoverability, Hamilton (City) v. Metcalfe & Mansfield Capital Corp., 2012 ONCA 156

Devonport v. Devonport, 2025 ONCA 753

Keywords: Wills and Estates, Subjective Intention, Anti-Lapse Provision, Pre-Deceased Beneficiary, Succession Law Reform Act, R.S.O. 1990, c. S.26, s.31.

Equitable Bank c. Bitchoka, 2025 ONCA 759

Keywords: Contracts, Real Property, Mortgages, Enforcement, Power of Sale, Civil Procedure, Summary Judgment, Appeals, Stay Pending Appeal, Rules of Civil Procedure, r. 20.02(2), Dramel Limited v. Multani, 2023 ONCA 540, RJR-MacDonald Inc. v. Canada (AG), [1994] 1 S.C.R. 311, Hryniak v. Mauldin, 2014 SCC 7, Morguard Residential v. Mandel, 2017 ONCA 177

CIVIL DECISIONS

Bello v. Hamilton (City), 2025 ONCA 758

Counsel:

R. Trenker and N. Todorovic, for the appellant

Jay Skukowski and Ned Bozalo, for the respondent

Keywords: Torts, Negligence, Public Nuisance, Municipal Liability, Civil Procedure, Summary Judgment, Standard of Review, Municipal Act, 2001, S.O. 2001, c. 25, s. 44(8)(1) (2), Housen v. Nikolaisen, 2002 SCC 33, Mask v. Silvercorp Metals Inc., 2016 ONCA 641, McHardy v. Ball, 2013 ONSC 6564, MacDonald v. LeFebvre et al., [1962] O.R. 495 (C.A.), 32 D.L.R. (2d) 696, Bland v. The King, [1941] O.R. 273, [1941] 4 D.L.R. 414 (C.A.); Falkner (Litigation Guardian of) v. Wasaga Beach (Town) (2004), 50 M.P.L.R. (3d) 277 (Ont. S.C.), Pyke v. Calgary, 2023 ABCA 304, Ouellette v. The Corporation of the Town of Hearst (2004), 70 O.R. (3d) 204 (C.A.), 237 D.L.R. (4th) 504, Jacob v. Tilbury (Town) (1940), [1941] 1 D.L.R. 456 (Ont. C.A.), [1940] O.W.N. 530

facts:

The appellant suffered a catastrophic spinal cord injury in a cycling accident in 2019. Unfortunately, neither the lead cyclist...