Court Of Appeal Summaries (March 3-7, 2025)

• Published date: 13 March 2025
• Subject Matter: Litigation, Mediation & Arbitration, Court Procedure, Trials & Appeals & Compensation
• Law Firm: Blaney McMurtry LLP
• Author: Mr John Polyzogopoulos

Good afternoon.

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

In Maillet v. Deren, a dog-bite case, the Court dismissed the appeal from an order denying the appellant/defendant leave to issue a third party claim against the respondent plaintiff's mother. The Court upheld the motion judge's determination that leave should be denied because the proposed claim lacked merit (there was discovery evidence to confirm this), the delay in bringing it was unexplained, and allowing it would cause prejudice, particularly in a case involving a minor and proceeding under the simplified rules.

Li v. Barber is a case related to the Freedom Convoy. The Appellants appealed an order dismissing their motion to dismiss a claim against them under the anti-SLAAP provisions of s. 137.1 of the CJA. The Court dismissed the appeal, finding that the motion judge did not err when determining that the Respondents had demonstrated that their claim had substantial merit and that the Appellants had no valid defence. Furthermore, the Court found that the motion judge had undertaken a meaningful weighing exercise between the different aspects of the public interests at play.

Benchwood Builders, Inc. v. Prescott was another anti-SLAPP case. A construction company commenced a defamation lawsuit after homeowners made comments online about their experience with the company following a home renovation gone wrong. The motion judge dismissed the defamation action on anti-SLAPP grounds, finding the homeowners' comments pertained to a matter of public interest. The Court of Appeal disagreed and allowed the appeal.

In Tsarynny v. Topchiy, the Court dismissed the appeal from an order setting aside the parties' separation agreement due to the appellant's failure to disclose information about a significant asset. The Court also upheld the finding on the separation date, rejecting the appellant's argument that they had separated earlier.

Table of Contents

Civil Decisions

Maillet v. Deren, 2025 ONCA 159

Keywords: Torts, Negligence, Civil Procedure, Pleadings, Third Party Claims, Leave to Commence, Extension of Time, Rules of Civil Procedure r. 21(1)(b), r. 29.02(1.2), Family Delicatessen Ltd v. London (City), 2006 CanLII 5135 (Ont. C.A.), Tadiem Inc. v. Allied Properties Management LP, 2018 ONSC 7676, Transpharm Canada Inc. v. MS Partners LLP, 2018 ONSC 375, Bell Canada v. Olympia & York Developments Ltd. (1988), 26 C.P.C. (2d) 113 (Ont. H.C.), Waterloo County Board of Education v. Mark, Musselman, McIntyre, Coombe et al.; J.T. Donald & Co. Ltd. et al. (Third Parties) (1982), 38 O.R. (2d) 61 (H.C.), Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, Royal Canadian Mortgage Investment Corporation v. 1835923 Ontario Ltd., 2020 ONCA 45, Arnold v. Teno, [1978] 2 S.C.R. 287

Li v. Barber, 2025 ONCA 169

Keywords: Torts, Nuisance, Concerted Action Liability, Civil Procedure, Class Proceedings, Anti-SLAPP, Canadian Charter of Rights and Freedoms, Class Proceedings Act, 1992, S.O. 1992, c. 6, Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 137.1, 137.2-137.5 Emergencies Act, R.S.C. 1985, c. 22 (4th Supp.), Highway Traffic Act, R.S.O. 1990, c. H.8, s. 134(1), Rules of Civil Procedure, rr. 21 and 25, Li et al. v. Barber et al., 2024 ONSC 775, Li et al. v. Barber et. al., 2022 ONSC 1176, Li et al. v. Barber et. al., 2022 ONSC 1351, Li et al. v. Barber et al., 2023 ONSC 1679, Bent v. Platnick, 2020 SCC 23, 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, Park Lawn Corporation v. Kahu Capital Partners Ltd., 2023 ONCA 129, leave to appeal refused, [2023] S.C.C.A. No. 172, Rutman v. Rabinowitz, 2018 ONCA 80, leave to appeal refused, [2018] S.C.C.A. No. 130, Botiuk v. Toronto Free Press Publications Ltd., [1995] 3 S.C.R. 3, Stein v. Gonzales (1984), 14 D.L.R. (4th) 263 (B.C. S.C.), O'Connor v Canadian Pacific Railway Limited, 2023 BCSC 1371, Batty v. Toronto (City), 2011 ONSC 6862, Volumes 1 and 2 of the 2023 Final Report of the Public Inquiry into the 2022 Public Order Emergency, The Law of Torts, 8th ed. (Sydney: Law Book Co., 1992), The Law of Torts, 10th ed. (Sydney: Thomson Reuters, 2011), The Law of Torts, 5th ed. (Minnesota: West Publishing Co., 1984)

Benchwood Builders, Inc. v. Prescott, 2025 ONCA 171

Keywords: Torts, Defamation, Civil Procedure, Anti-SLAPP, Canadian Charter of Rights and Freedoms, s. 2(b), Courts of Justice Act, R.S.O. 1990, c. C.43, s. 137.1, Park Lawn Corporation v. Kahu Capital Partners Ltd., 2023 ONCA 129, Tamming v. Paterson, 2021 ONSC 8306, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, Catalyst Capital Group Inc. v. West Face Capital Inc., 2023 ONCA 381, Irwin Toy Ltd. v. Québec (Attorney General), [1989] 1 S.C.R. 927, Hill v. Church of Scientology of Toronto, [1995] 2 S.C.R., WIC Radio Ltd. v. Simpson, 2008 SCC 40, Boyer v. Callidus Capital Corp., 2023 ONCA 233, Mondal v. Evans-Bitten, 2023 ONCA 523, Marcellin v. London (City) Police Services Board, 2024 ONCA 468, Luc Crawford Design Inc. v. Mullowney, 2021 ONSC 7849, Bradford Travel and Cruises Ltd. v. Viveiros, 2019 ONSC 4587, 910938 Ontario Inc v. Moore, 2020 ONSC 4553, Thorman et al. v. McGraw, 2021 ONSC 7671, Canadian Thermo Windows Inc. v. Seangio, 2021 ONSC 6555, New Dermamed Inc. v. Sulaiman, 2018 ONSC 2517, Sokoloff v. Tru-Path Occupational Therapy Services Ltd., 2020 ONCA 730, Hamilton v. Vaughan, 2025 ONCA 98, Dent-X Canada v. Houde, 2022 ONCA 414, Mondal v. Evans-Bitten, 2022 ONSC 809, Grant v. Torstar Corp. 2009 SCC 61, Grist v. TruGrp Inc., 2021 ONCA 309, Canadian Union of Postal Workers v. B'nai Brith Canada, 2021 ONCA 529, Thatcher-Craig v. Clearview (Township), 2023 ONCA 96, Levant v. DeMelle, 2022 ONCA 79, Hamer v. Jane Doe, 2024 ONCA 721, Williams v. VAC Developments Limited, 2024 ONCA 713, Burjoski v. Waterloo Region District School Board, 2024 ONCA 811, Thorman v. McGraw, 2022 ONCA 851, 40 Days for Life v. Dietrich, 2024 ONCA 599, Bent v. Platnick, 2020 SCC 23, Li v. Barber, 2025 ONCA 169, Halsbury's Laws of Canada - "Defamation" (2023 Reissue), Hilary Young, "Canadian Anti-SLAPP Laws in Action" (2022), 100:2 Can. B. Rev. 186

Tsarynny v. Topchiy, 2025 ONCA 175

Keywords: Family Law, Contracts, Separation Agreements, Setting Aside, Family Law Act, R.S.O. 1990, c. F.3 s. 56(4), LeVan v. LeVan, 2008 ONCA 388, Housen v. Nikolaisen, 2002 SCC 33, Dochuk v. Dochuk (1999), 44 R.F.L. (4th) 97 (Ont. S.C.), Demchuk v. Demchuk (1986), 1 R.F.L. (3d) 176 (Ont. H.C.), O'Brien v. O'Brien, 2013 ONSC 5750, Warren v. Warren, 2019 ONSC 1751

Short Civil Decisions

Furney v Hazan, 2025 ONCA 165

Keywords: Costs, Furney v. Hazan, 2025 ONCA 73, Girao v. Cunningham, 2021 ONCA 18, Benarroch v. Fred Tayar & Associates P.C., 2019 ONCA 228, Fong v. Chan (1999), 46 O.R. (3d) 330 (C.A.)

Imona-Russel v. Zap, 2025 ONCA 161

Keywords: Human Rights, Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Vexatious Litigation, Human Rights Code, R.S.O. 1990, c. H.19, Canadian Charter of Rights and Freedoms, Honda Canada Inc. v. Keays, 2008 SCC 39

SIF Solar Energy Income & Growth Fund v. Aird & Berlis LLP, 2025 ONCA 170

Keywords: Costs

Crowley v. Crowley, 2025 ONCA 157

Keywords: Wills and Estates, Testamentary Capacity, Civil Procedure, Striking Pleadings, Orders, Enforcement, Representation by Lawyer, Removal of Lawyer of Record, Self-Representation, Notices of Intention to Act in Person, Rules of Civil Procedure, rr. 15.04(8) and (9), Sennek v. Carleton Condominium Corporation No. 116, 2017 ONCA 154, Cunningham v. Hutchings, 2018 ONCA 365

Canadian Imperial Bank of Commerce v. Lightfoot, 2025 ONCA 167

Keywords: Costs

Whaling v. Cossarini, 2025 ONCA 173

Keywords: Family Law, Civil Procedure, Appeals, Jurisdiction, Transfer, Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 19(1)(a.1), 110(1), Family Law Rules, O. Reg. 114/99, r. 1(8), Bernard v. Fuhgeh, 2020 ONCA 529

Landa v. The Dominion of Canada General Insurance Company, 2025 ONCA 184

Keywords: Civil Procedure, Appeals, Leave to Appeal, Panel Review

CIVIL DECISIONS

Maillet v. Deren, 2025 ONCA 159

[Tulloch C.J.O., Paciocco and Nordheimer JJ.A.]

Counsel:

S. McIvor, for the appellant
R. Law and G. Cosgrove, for the respondent

Keywords: Torts, Negligence, Civil Procedure, Pleadings, Third Party Claims, Leave to Commence, Extension of Time, Rules of Civil Procedure r. 21(1)(b), r. 29.02(1.2), Family Delicatessen Ltd v. London (City), 2006 CanLII 5135 (Ont. C.A.), Tadiem Inc. v. Allied Properties Management LP, 2018 ONSC 7676, Transpharm Canada Inc. v. MS Partners LLP, 2018 ONSC 375, Bell Canada v. Olympia & York Developments Ltd. (1988), 26 C.P.C. (2d) 113 (Ont. H.C.), Waterloo County Board of Education v. Mark, Musselman, McIntyre, Coombe et al.; J.T. Donald & Co. Ltd. et al. (Third Parties) (1982), 38 O.R. (2d) 61 (H.C.), Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, Royal Canadian Mortgage Investment Corporation v. 1835923 Ontario Ltd., 2020 ONCA 45, Arnold v. Teno, [1978] 2 S.C.R. 287

facts:

This action involved a claim by the minor respondent for damages resulting from a dog bite that he suffered in 2021. The dog was owned by the appellant. The statement of claim was issued on December 15, 2022, and the statement of defence was filed on January 11, 2023.

On February 7, 2023, the appellant advised the respondent of his intention to file a third-party claim against the respondent's mother. The third-party claim was not...