Court Of Appeal Summaries (February 17 ' 21)

• Published date: 26 February 2025
• Law Firm: Blaney McMurtry LLP
• Author: Mr John Polyzogopoulos

Good afternoon.

Following are our summaries of the civil decisions of the Court of Appe

In Peedham v. 1000516033 Ontario Ltd., the issue related to whether a bona fide purchaser of real property for value under power of sale did so without notice of an unregistered option granted to the tenant of the property to purchase it. The Court allowed the appeal and remitted the matter back to the Superior Court for a decision based on a proper evidentiary record. Given the absence of evidence on the issues, the Court could not determine whether the option to purchase was enforceable.

In Marshallzehr Group Inc. v. La Pue International Inc., the Court denied leave to appeal a decision of the motion judge regarding an Approval and Vesting order
Wishing everyone an enjoyable weekend.

In 2730453 Ontario Inc. v. 2380673 Ontario Inc., the Court affirmed that an oral agreement for the purchase of sale of land can be enforced, nothwithstanding the Statute of Frauds (which requires evidence of an interest in land to be in writing), through the doctrines of part performance and detrimental reliance. In this case, the part performance, irremediable performance and detrimental reliance included the retention by the buyer of counsel, the conduct of due diligence, the negotiation of closing documents with the vendor's counsel that had been prepared by vendor's counsel, including a draft agreement of purchase and sale, and the tendering of closing funds.

In MJL Enterprises Inc. v. SAL Marketing Inc., the Court upheld the trial judge's ruling that SMI did not breach the parties' distribution agreement by copying iSTAR's features and functionalities, finding that MJL failed to provide concrete evidence of copying. The Court affirmed that the trial judge properly excluded an expert report lacking technical analysis and hearsay documents that did not meet admissibility criteria.

Coscarella Dentistry Professional Corporation v. Harvey, was an appeal involving a dentist accessing his own clients' files in order to inform them that he was moving his practice to a location across the street. The Court agreed with the trial judge that this did not amount to improper solicitation of patients or conversion, as there is no prohibition on soliciting one's own patients.

In Chong v Chong, the Court dismissed the appellant's appeal of the motion judge's decision to enforce a settlement agreement.

Anthony v. Binscarth Holdings GP Inc. was an appeal of the dismissal of an application regarding the interpretation of s. 11(1) of the Limited Partnership Act and the payout of distributions to the limited partners. The Court held that there was no requirement in the limited partnership agreement or the Act requiring annual payouts of all profits. It further held that the Accumulations Act (which imposes limits on how long funds can be held in trusts, statutorily enforcing the rule against perpetuities) applied to testamentary trusts and had no application in this context.

Other decisions this week delved into topics such as contracts, arbitration clauses, vexatious litigation/abuse of process, adverse possession and prescriptive easements.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Table of Contents

Civil Decisions

Coscarella Dentistry Professional Corporation v. Harvey, 2025 ONCA 118

Keywords: Contracts, Duty of Good Faith, Torts, Conversion, Breach of Confidence, Breach of Fiduciary Duty, Bacher v. Obar, [1989] O.J. No. 1392 (H.C.), aff'd [1993] O.J. No. 3578 (Ont. C.A.), Lac Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 S.C.R. 574, Bhassin v. Hyrnew, 2014 SCC 71

Peedham v. 1000516033 Ontario Ltd., 2025 ONCA 109

Keywords: Contracts, Real Property, Commercial Leases, Options to Purchase, Land Titles, Unregistered Interests, Priority, Bona Fide Purchaser for Value Without Notice, Actual Notice, Land Titles Act, R.S.O. 1990, c. L.5, Mortgages Act, R.S.O. 1990, c. M.40, Kaiman v. Graham, 2009 ONCA 77, York Condominium Corporation No. 221 v. Mazur, 2024 ONCA 5, at para. 12, Durrani v. Augier (2000), 50 O.R. (3d) 353 (S.C.J.), Benzie v. Kunin, 2012 ONCA 766, Pelham (Town) v. Fonthill Gardens Inc., 2019 ONSC 567, Turta v. Canadian Pacific Railway, [1954] S.C.R. 427, Sapusak v. 9706151 Canada Ltd., 2024 ONCA 774, Martin v. 11037315 Canada Inc., 2022 ONCA 322, United Trust Co. v. Dominion Stores Ltd., [1977] 2 S.C.R. 915, Stanbarr Services Limited v. Metropolis Properties Inc., 2018 ONCA 244, Airport Business Park Inc. v. Huszti Holdings Inc., 2023 ONCA 391, Martin v. 2670082 Ontario Corp, 2024 ONSC 3982, FirstOntario Credit Union Limited v. Nagra et al., 2024 ONSC 3398, Parkland Corporation v. 16408117 Canada Inc. et al., 2025 ONSC 201, Glassworkers Social Club v. Forestgate Leasing Inc. (1998), 40 O.R. (3d) 606 (C.A.), Belende v. Patel, 2009 CanLII 74 (Ont. S.C.)

Chong v Chong, 2025 ONCA 126

Keywords: Contracts, Enforceability, Defences, Unconscionability, Mutual Mistake, Misrepresentation, Civil Procedure, Settlements, Enforcement, Appeals, Fresh Evidence, Uber Technologies Inc. v. Heller, 2020 SCC 16, Palmer v. The Queen, [1980] 1 S.C.R. 759, Costanza v. Desjardins Financial Security Life Assurance Company, 2023 ONCA 54

Marshallzehr Group Inc. v. La Pue International Inc., 2025 ONCA 124

Keywords: Contracts, Real Property, Mortgages, Debtor-Creditor, Bankruptcy and Insolvency, Receiverships, Civil Procedure, Appeals, Leave to Appeal, Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 193(a), 193(c), 193(e), 243(1), Courts of Justice Act, R.S.O. 1990, c. C.43, s. 101, Marchant Realty Partners Inc. v. 2407553 Ontario Inc., 2021 ONCA 375, 2403177 Ontario Inc. v. Bending Lake Iron Group Limited, 2016 ONCA 225, Business Development Bank of Canada v. Pine Tree Resorts Inc., 2013 ONCA 282

2730453 Ontario Inc. v. 2380673 Ontario Inc, 2025 ONCA 112

Keywords: Contracts, Oral Agreements, Real Property, Agreements of Purchase and Sale of Land, Enforceability, Part Performance, Detrimental Reliance, Irremediable Performance, Statute of Frauds, R.S.O. 1990, c. S.19, s. 4, Erie Sand and Gravel Limited v. Tri-B Acres Inc., 2009 ONCA 709, Hill v. Nova Scotia (Attorney General), [1997] 1 S.C.R. 69, Steadman v. Steadman, [1976] A.C. 536, Bhasin v. Hrynew, 2014 SCC 71, Stack v. Zizman (2007), 60 R.P.R. (4th) 42 (Ont. S.C.)

MJL Enterprises Inc. v. SAL Marketing Inc., 2025 ONCA 120

Keywords: Contracts, Interpretation, Intellectual Property, Copyright, Confidentiality, Civil Procedure, Evidence, Admissibility, Hearsay, Expert Opinion Evidence, Cambie Surgeries Corp. v. British Columbia (Attorney General), 2018 BCSC 514, Cambie Surgeries Corporation v. British Columbia (Attorney General), 2022 BCCA 245, R. v. Evans, [1993] 3 S.C.R. 653, R. v. Strand Electric Ltd., [1969] 1 O.R. 190 (C.A.), R. v. White, 2011 SCC 13, R. v. Reimer, 2024 ONCA 519, R. v. Iyeke, 2016 ONCA 349, R. v. Taweel, 2015 NSCA 107, White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23

Anthony v. Binscarth Holdings GP Inc., 2025 ONCA 130

Keywords: Business Associations, Limited Partnerships, Contracts, Limited Partnership Agreements, Trusts, Limited Partnerships Act, R.S.O. 1990, c. L.16, s. 11(1), Accumulations Act, R.S.O. 1990, c. A.5, s. 1(1), Canadian Home Publishers (General Partner of) v. Colville-Reeves Estate, 2019 ONCA 314

Short Civil Decisions

Spasiw v. Quality Green Inc, 2025 ONCA 106

Keywords: Contracts, Arbitration Clauses, Torts, Fraudulent Misrepresentation, Restitution, Unjust Enrichment, Remedies, Oppression, Disgorgement, Rescission, Canadian Charter of Rights and Freedoms, Arbitration Act, 1991, S.O. 1991, c. 17 ss. 7(1) and 7(6), Telus Communications Inc. v. Wellman 2019 SCC 19

Adler v. Woitowich, 2025 ONCA 108

Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Damages, Mitigation, Civil Procedure, Summary Judgment, Evidence, Expert Opinion Evidence, The Rosseau Group Inc. v. 2528061 Ontario Inc., 2023 ONCA 814

Rebello v. Ontario, 2025 ONCA 127

Keywords: Civil Procedure, Vexatious Litigation, Abuse of Process, Courts of Justice Act, R.S.O. 1990, c. C.43,s. 7(5), Rules of Civil Procedure, r. 2.1.02, Gallos v. Toronto (City), 2014 ONCA 818, Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, Simpson v. The Chartered Professional Accountants of Ontario, 2016 ONCA 806, Lochner v. Ontario Civilian Police Commission, 2020 ONCA 720, Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733, leave to appeal refused, [2015] S.C.C.A. No. 488, Talwar v. Grand River Hospital, 2025 ONCA 35, Mukwa v. Farm Credit of Canada, 2022 ONCA 320, Rebello v. Ontario (Transportation), 2024 ONCA 842, Yaiguaje v. Chevron Corp., 2017 ONCA 827

Kubiniec v. Dy, 2025 ONCA 113

Keywords: Real Property, Adverse Possession, Prescriptive Easements, Torts, Trespass, Barbour v. Bailey, 2016 ONCA 98, Temma Realty Co. Ltd. v. Ress Enterprises Ltd. et al. (1968), [1968] 2 O.R. 293 (Ont. C.A.), English v. Perras, 2018 ONCA 649, Mason v. Morrow (1998), 114 O.A.C. 194 (Ont. C.A.), Fletcher v. Storoschuk (1981), 35 O.R. (2d) 722 (C.A.), Masidon Investments Ltd. v. Ham (1984), 45 O.R. (2d) 563 (C.A.), leave to appeal refused, [1984] S.C.C.A. No. 232

Street Godz Inc. v. 2556593 Ontario Inc., 2025 ONCA 138

Keywords: Contracts, Real Property, Commercial Leases, Civil Procedure, Evidence, Admissibility, Hearsay, Probative Value vs Prejudicial Effect, Relevance

Stadnyk v. Thunder Bay (City), 2025 ONCA 137

Keywords: Torts, Misfeasance in Public Office, Nuisance, Negligence, Civil Procedure, Class Proceedings, Pleadings, Class Proceedings Act, 1992, S.O. 1992, c. 6, s. 5(1), Municipal Act, 2001, S.O. 2001, c. 24, s. 449, R. v. Wookey, 2016 ONCA 611, Ruth Sullivan, Sullivan on the Construction of Statutes, 6^th ed. (Markham, Ont.: LexisNexis Canada 2014)

Furney v. Downie, 2025 ONCA 132

Keywords: Torts, Fraud, Abuse of Process

Canada Mining Exchange Company Limited v. Zhaojin Mining Industry Co. Ltd., 2025 ONCA 136

Keywords: Contracts, Confidentiality Clauses, Civil...