Court Of Appeal Summaries ( May 5 ' May 9, 2025)

• Published date: 19 May 2025
• Subject Matter: Corporate/Commercial Law, Insurance, Government, Public Sector, Litigation, Mediation & Arbitration, Real Estate and Construction, Corporate and Company Law, Contracts and Commercial Law, Insurance Laws and Products, Constitutional & Administrative Law, Trials & Appeals & Compensation, Real Estate, Civil Law
• 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 May 5, 2025. This was a light week.

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In Kew Estate v. Konarski, the Court upheld a damages award to an estate after the defendant wrongfully took and dismantled a vintage Corvette with significant sentimental and collector value. The trial judge correctly applied restoration cost as the appropriate measure of damages, rather than the market value of the car at the time of the conversion and detinue. The car's uniqueness, the beneficiaries' genuine interest in restoration, and the unavailability of a suitable replacement all justified restoration cost as the correct measure of damages, even though after trial, the estate sold the remnants of the car without restoring it. The Court also confirmed that an estate can also be awarded aggravated damages for distress caused to estate trustees and beneficiaries as a result of the abuse of trust on the part of the appellant during a time of family vulnerability.

O.K. v M.H. and Conti v. Duca both involved security for costs of an appeal.

Wishing everyone an enjoyable weekend.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Table of Contents

Civil Decisions

O.K. v M.H., 2025 ONCA 352

Keywords: Family Law, Child Support, Spousal Support, Imputing Income, Property, Matrimonial Home, Remedies, Equalization of Net Family Property, Security for Support, Vesting Orders, Civil Procedure, Appeals, Adjournments, Security for Costs, Rules of Civil Procedure, rr. 56. 01, 61.06(1), 63.01, A.A. v. Z.G., 2016 ONCA 660, Thrive Capital Management Ltd. v. Noble 1324 Queen Inc., 2021 ONCA 474, Yaiguaje v. Chevron Corporation, 2017 ONCA 827, York University v. Markicevic, 2017 ONCA 651, Lavallee v. Isak, 2022 ONCA 290, Unique Labeling Inc. v. GCAN Insurance Company, 2009 ONCA 591, Perron v. Perron, 2011 ONCA 776, Henderson v. Wright, 2016 ONCA 89, Heidari v. Naghshbandi, 2020 ONCA 757, Rathod v. Chijindu, 2024 ONCA 317

Conti v. Duca, 2025 ONCA 356

Keywords: Motions, Security for Costs, Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rr. 61.06(1)(a), 61.06(c), 56.01(1), Pickard v. London (City) Police Services Board, 2010 ONCA 643, Ford v. Windsor (City), 2018 ONCA 992

Kew Estate v. Konarski, 2025 ONCA 357

Keywords: Torts, Conversion, Detinue, Wills and Estates, Breach of Trust, Damages, Quantification, Market Value, Restoration Cost, Aggravated Damages, Rules of Civil Procedure, r. 54.08, Darbishire v. Warran, [1963] 1 W.L.R. 1067, Lengert et al. v. Gladstone (1970), 11 D.L.R. (3d) 726 (B.C. C.A.), O'Grady v. Wesminster Scaffolding Ltd., [1962] 2 Lloyd's Rep 238 (Q.B.), Palmer v. The Queen, [1980] 1 S.C.R. 759, Barendregt v. Grebliunas, 2022 SCC 22, [2022] 1 S.C.R. 517, Maceroni v. Maceroni, 2024 ONCA 824, 2105582 Ontario Ltd. (Performance Plus Golf Academy) v. 375445 Ontario Limited (Hydeaway Golf Club), 2017 ONCA 980, McIntyre v. Grigg, 83 O.R. (3d) 161 (C.A.), Tom v. Truong, 2002 BCSC 643, [2002] B.C.T.C. 643, Vorvis v. Insurance Corp. of British Columbia, [1989] 1 S.C.R. 1085, Lewis N. Klar et al., Remedies in Tort (Toronto: Thomson Reuters, 2021)

Short Civil Decisions

Mundulai v. Law Society of Ontario, 2025 ONCA 351

Keywords: Regulated Professions, Lawyers, Professional Discipline, Administrative Law, Judicial Review, Civil Procedure, Leave to Appeal

Kashin v. G.E.S. Construction Limited, 2025 ONCA 354

Keywords: Contracts, Insurance, Coverage, Duty to Defend, Duty to Indemnify, Duty of Good Faith, Material Misrepresentations, Detrimental Reliance, Estoppel, Saskatchewan River Bungalows Ltd. v. Maritime Life Assurance Co., [1994] 2 S.C.R. 490

Brar v. Harbour, 2025 ONCA 362

Keywords: Contracts, Interpretation, Contra Proferentum, Real Property, Agreements of Purchase and Sale of Land, Unjust Enrichment, Civil Procedure, Actions, Applications, Brar et. al v. Harbour, 2024 ONSC 5651

Pye v. Di Trapani, 2025 ONCA 355

Keywords: Torts, Negligence, MVA, Civil Procedure, Damages, Prejudgment Interest, Costs, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 130, Rules of Civil Procedure, r. 57.01 Hamilton v. Open Window Bakery Ltd., 2004 SCC 9, Davies v. Clarington (Municipality), 2009 ONCA 722, MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, leave to appeal refused, [2021] S.C.C.A. No. 382, Stellarbridge Management v. Magna International (2004), 71 O.R. (3d) 263 (C.A.), leave to appeal refused, [2004] S.C.C.A. No. 371

CIVIL DECISIONS

O.K. v M.H., 2025 ONCA 352

[Roberts J.A. (Motions Judge)]

COUNSEL:

M.H., acting in person

M. H. Tweyman, for the responding party

I. Matthews, appearing as amicus curiae

Keywords: Family Law, Child Support, Spousal Support, Imputing Income, Property, Matrimonial Home, Remedies, Equalization of Net Family Property, Security for Support, Vesting Orders, Civil Procedure, Appeals, Adjournments, Security for Costs, Rules of Civil Procedure, rr. 56. 01, 61.06(1), 63.01, A.A. v. Z.G., 2016 ONCA 660, Thrive Capital Management Ltd. v. Noble 1324 Queen Inc., 2021 ONCA 474, Yaiguaje v. Chevron Corporation, 2017 ONCA 827, York University v. Markicevic, 2017 ONCA 651, Lavallee v. Isak, 2022 ONCA 290, Unique Labeling Inc. v. GCAN Insurance Company, 2009 ONCA 591, Perron v. Perron, 2011 ONCA 776, Henderson v. Wright, 2016 ONCA 89, Heidari v. Naghshbandi, 2020 ONCA 757, Rathod v. Chijindu, 2024 ONCA 317

FACTS:

The appellant appealed from a judgment determining child support and spousal support and ordering an equalization payment to the respondent, and the disposition of the parties' home. In ordering child and spousal support, the trial judge imputed income to the appellant and vested the...