Court Of Appeal Summaries (January 13 ' 17, 2025)

• Published date: 24 January 2025
• Law Firm: Blaney McMurtry LLP
• Author: Mr John Polyzogopoulos

Good morning, following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 13, 2025.

Congratulations to Blaney's very own David Greenwood and Christopher McClelland, who were successful on our client's appeal in ID Inc. v. Toronto Wholesale Produce Association. The Court allowed our client's appeal in a breach of contract case, finding that the trial judge incorrectly applied the principles of contractual interpretation, erred in applying the doctrines of waiver and estoppel and that there was a lack of evidence supporting the trial decision. The respondent's cross-appeal was dismissed.

Wiener St'dtische Versicherung AG Vienna Insurance Group v. Infrassure Ltd. was a lengthy reinsurance contract decision applying a "follow settlements" clause in a "retrocession" agreement between reinsurers. The dispute between the reinsurers arose out of a $140 settlement between the primary insurer, Zurich, and its insured, Vale, to compensate the insured for business interruption losses following a 26-week shutdown of its smelter in Sudbury. The appeal with dismissed.

In 2089322 Ontario Corporation v. Des Roches, the Court dismissed the appeal of an Order which gave sole permanent possession of a business located on First Nation land and acquired under a joint venture agreement to a corporation.

De Longte v. De Longte, was an appeal from a child support order. A self-represented appellant was denied a stay of the child support order pending appeal, but was permitted to file a 40-page factum instead of the customary 30-pages.

In Kasandra v. Sartarelli, the Court found the appellant wrongly appealed her removal as estate trustee under the guise of abatement law.

Wishing everyone an enjoyable weekend.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Table of Contents

Civil Decisions

2089322 Ontario Corporation v. Des Roches , 2025 ONCA 17

Keywords: Contracts, Without Prejudice, Business Law, Joint Venture Agreement, Aboriginal Law, Self-Governance, Aboriginal Business, Indian Act, RSC 1985, c. I-5, s. 28, Rules of Civil Procedure, r. 54.02, 2089322 Ontario Corporation v. Des Roches, 2019 ONCA 355, R. v. S.A B., 2003 SCC 60, Mouvement Laïque Québécois v Saguenay (City), 2015 SCC 16, Petz v Duguay, 2018 ABCA 402, 7550111 Canada Inc. v. Charles, 2020 ONCA 386, Kaiman v. Graham, 2009 ONCA 77

De Longte v. De Longte , 2025 ONCA 30

Keywords: Family Law, Divorce, Child Support Civil Procedure, Appeals, Stay Pending Appeal, Perfection, Extension of Time, Facta, Rules of Civil Procedure, rr. 63.01(1), 63.02(1), Family Law Rules, O. Reg. 114/99, r. 25(19), RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, Carvalho Estate v. Verma, 2024 ONCA 222, R. v. Canadian Broadcasting Corp., 2018 SCC 5, Barendregt v. Grebliunas, 2022 SCC 22, Temagami (Municipality) v. Temagami Barge Limited, 2024 ONCA 85, Circuit World Corp. v. Lesperance (1997), 33 O.R. (3d) 674 (C.A.), Battle Creek Toasted Corn Flake Co. v. Kellogg Toasted Corn Flake Co. (1923), 55 O.L.R. 127 (C.A.), Ducharme v. Hudson, 2021 ONCA 151

ID Inc. v. Toronto Wholesale Produce Association , 2025 ONCA 22

Keywords: Contracts, Interpretation, Waiver, Estoppel, Entire Agreement Clauses, Damages, Interest, Civil Procedure, Pleadings, Courts of Justice Act, R.S.O. 1990, c. C.42, ss. 128(4)(g), 129(5), and 130, Rules of Civil Procedure, r. 25.06(9), Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Paletta International Corp. v. Canada Life Mortgage Services Ltd. (2003), 170 O.A.C. 5 (C.A.), 2249778 Ontario Inc. v. Smith (c.o.b. Fratburger),2014 ONCA 788, U.S. Steel Canada Inc. et al. v. The United Steel Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union et al., 2022 ONSC 6993, Arnold v. Britton, [2015] UKSC 36, Saskatchewan River Bungalows Ltd. v. Maritime Life Assurance Co., [1994] 2 S.C.R. 490, Jack Ganz Consulting Ltd. v. Recipe Unlimited Corporation, 2021 ONCA 907, Grasshopper Solar Corporation v. Independent Electricity System Operator, 2020 ONCA 499, Bank of America Canada v. Mutual Trust Co., 2002 SCC 43, Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp., 2020 SCC 29, Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc., 2018 ONCA 253, Maxam Opportunities Fund Limited Partnership v. 729171 Alberta Inc., 2016 BCCA 53

Wiener St'dtische Versicherung AG Vienna Insurance Group v. Infrassure Ltd., 2025 ONCA 20

Keywords: Contracts, Insurance, Interpretation, Commercial General Liability, Business Interruption, Reinsurance, Retrocession Agreements, "Follow Settlements" Clauses, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37, Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20, Corner Brook (City) v. Bailey, 2021 SCC 29, Weyerhaeuser Company Limited v. Ontario (Attorney General), 2017 ONCA 1007, Dumbrell v. The Regional Group of Companies Inc., 2007 ONCA 59, Ontario First Nations (2008) Limited Partnership v. Ontario Lottery and Gaming Corporation, 2021 ONCA 592, Insurance Co of Africa v. Scor (UK) Reinsurance Co Ltd, [1985] 1 Lloyd's Rep. 312 (C. A. (Civ. Div.)), Gan Insurance Co Ltd v. Tai Ping Insurance Co Ltd. (No. 2), [2001] EWCA Civ 1047, Wasa International Insurance Co. Ltd. v. Lexington Insurance Co., [2009] UKHL 40, Hill v. Mercantile and General Reinsurance Co. Plc., [1996] 1 WLR 1239 (U.K. H. L.), Assicurazioni Generali SpA v. CGU International Insurance plc, [2004] EWCA Civ 429, English and American Insurance Co Ltd. v. Axa Re SA, [2007] Lloyd's Rep. I.R. 359, Charman v. Guardian Royal Exchange Assurance plc, [1992] 2 Lloyd's Rep. 607, Tokio Marine Europe Insurance Ltd. v. Novae Corporate Underwriting Ltd., [2013] EWHC 3362 (Comm.), Swiss Reinsurance Company v. Camarin Limited, 2015 BCCA 466, Blacks Law Dictionary, 12^th edition (2024), Fridman et al., The Law of Contract in Canada, 7^th ed. (Toronto: Thomson Reuters, 2024), Edelman and Burns, The Law of Reinsurance, 3^rd edition (2021), Lynch & Simon Milnes, eds, MacGillivray on Insurance Law, 15^th ed (London, UK: Sweet & Maxwell, 2022), Colinvaux's Law of Insurance, 13th ed. (London: Sweet & Maxwell, 2022), 2nd Cum. Supp. (May 2024)

Kasandra v. Sartarelli , 2025 ONCA 27

Keywords: Wills and Estates, Estate Administration, Estate Trustees, Removal, Debts, Abatement, Radford v. Radford Estate (2008), 43 E.T.R. (3d) 74 (Ont. S.C.), Crawford v. Jardine (1997), 20 E.T.R. (2d) 182 (Ont. Gen. Div.), St. Joseph's Health Centre v. Dzwiekowski, 2007 CanLII 51347 (Ont. S.C.), Chambers Estate v. Chambers, 2013 ONCA 511, Di Santo v. Di Santo Estate, 2023 ONCA 464, Popack v. Lipszyc, 2016 ONCA 135

Short Civil Decisions

Rahman v. Elia Associates , 2025 ONCA 16

Keywords: Contracts, Solicitor and Client, Torts, Professional Negligence, Lawyers, Perjury, Defences, Absolute Privilege, Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Summary Judgment, Rules of Civil Procedure, r. 21, Salasel v. Cuthbertson, 2015 ONCA 115, Kokic v. Johnson, 2025 ONCA 4, at para. 7, Admassu v. Macri, 2010 ONCA 99, Shuman v. Ontario New Home Warranty Program, 2001 CarswellOnt 3666 (S.C.), Yan v. Hutchinson, 2023 ONCA 97

Tewari v. Aziz , 2025 ONCA 29

Keywords: Contracts, Employment, Wrongful Dismissal, Torts, Conspiracy, Civil Procedure, Security for Costs, Strike Pleadings, Appeals, Abandonment, Rules of Civil Procedure, rr. 21, 61.14(3), 61.14(4)

Talwar v. Grand River Hospital , 2025 ONCA 35

Keywords: Contracts, Employment, Administrative Law, Health Professions, Civil Procedure, Vexatious Litigants, Rules of Civil Procedure, r. 2.1, Lochner v. Ontario Civilian Police Commission, 2020 ONCA 720, Talwar v. Grand River Hospital St. Mary's General Hospital, 2020 CanLII 21358 (Ont. HPARB), Talwar v. Grand River Hospital, 2022 ONSC 2166 (Div. Ct.), Talwar v. Grand River Hospital, 2022 ONSC 3822 (Div. Ct.), Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733, Mukwa v. Farm Credit of Canada, 2022 ONCA 320

Lengyel v. Ontario Assessment Review Board ,2025 ONCA 23

Keywords: Municipal Law, Property Tax Assessments, Administrative Law, Judicial Review, Appeals, Panel Review, Extension of Time

CIVIL DECISIONS

2089322 Ontario Corporation v. Des Roches , 2025 ONCA 17

[Faverau, Monahan and Gomery JJ.A.]

Counsel:

L.D.R., acting in person

N. Macos and D. Chung, for the respondent

Keywords: Contracts, Without Prejudice, Business Law, Joint Venture Agreement, Aboriginal Law, Self-Governance, Aboriginal Business, Indian Act, RSC 1985, c. I-5, s. 28, Rules of Civil Procedure, r. 54.02, 2089322 Ontario Corporation v. Des Roches, 2019 ONCA 355, R. v. S.A B., 2003 SCC 60, Mouvement Laïque Québécois v Saguenay (City), 2015 SCC 16, Petz v Duguay, 2018 ABCA 402, 7550111 Canada Inc. v. Charles, 2020 ONCA 386, Kaiman v. Graham, 2009 ONCA 77

FACTS:

The appellant is a member of the Wasauksing First Nation ("WFN"). The respondent, 208 Ontario, is a subsidiary of a not-for-profit corporation, WLI, mandated to foster economic development of members of the WFN. The appellant and 208 Ontario by way of proposal from WLI, entered into a joint venture agreement to operate Rezmart Business on WFN lands.

In the initial joint venture agreement, the appellant added the words "without prejudice" beside his signature. The agreement was subsequently reviewed by a lawyer acting on behalf of WLI who advised that "without prejudice" needed to be redacted. The appellant met with a representative from 208 Ontario and initialed next to the redaction (the "second joint venture agreement"). The appellant denied that he agreed to redact or initial the joint venture agreement, thereby questioning the authenticity of the second joint venture agreement. 208 Ontario alleged that the appellant failed to comply with his contractual obligations under the agreement and the appellant asserted that the agreement was not binding on...