Court Of Appeal Summaries (March 17 ' 21, 2025)

• Published date: 27 March 2025
• Subject Matter: Finance and Banking, Corporate/Commercial Law, Litigation, Mediation & Arbitration, Technology, Financial Services, Commodities/Derivatives/Stock Exchanges, Corporate and Company Law, Contracts and Commercial Law, Court Procedure, Trials & Appeals & Compensation, Securities, Civil Law, Fin Tech
• 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 17, 2025. It was a light week.

Continue Reading

Lochan v Biance Holdings Limited was an appeal from the certification of a class action brought on behalf of investors who purchased cryptocurrency derivative products through an asset trading platform operated by the Appellants. The Claim alleged that the Appellants engaged in the business of trading securities in violation of the Securities Act giving rise to both common law and statutory causes of action. The Court held that the motion judge did not err in finding that the Claim pleaded a reasonable cause of action pursuant to both the Securities Act and under the common law. Furthermore, the Court held that the motion judge did not err in finding that the Respondents had met their burden of establishing that there was "some basis in fact" for their proposed common issues. As a result, the appeal was dismissed.

Hartin Estate (Re) reminds appellate counsel that the deadline to perfect an appeal does not start to run until the appellant is notified that the transcripts are ready. The failure of a self-represented party to order the transcripts in this case was excused.

Other decisions this week included the enforcement of a foreign judgment.

Wishing everyone an enjoyable weekend.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Table of Contents

Civil Decisions

Hartin Estate (Re), 2025 ONCA 223

Keywords: Wills and Estates, Estate Trustees, Removal, Breach of Fiduciary Duty, Motions, Perfecting an Appeal, Extension of Time, Dismissal for Delay, Rules of Civil Procedure, rr. 61.05(5), 61.09, 61.13, 61.16(2.2)

Lochan v Binance Holdings Limited, 2025 ONCA 221

Keywords: Securities, Unauthorized Issuance and Trading of Securities, Contracts, Defences, Illegality, Remedies, Rescission, Civil Procedure, Class Proceedings, Certification, Common Issues, Pleadings, Reasonable Cause of Action, Standard of Review, Class Proceedings Act, 1992, S.O. 1992, c. 6, s. 5(1), Securities Act, R.S.O. 1990, c. S-5, ss. 11, 13, 53(1), 71(1), 133, Rules of Civil Procedure, r. 2, Lochan. v. Binance Holdings Limited, 2024 ONSC 2302, Binance Holdings Limited v. Ontario Securities Commission, 2024 ONCA 805, McCreight v. Canada (Attorney General), 2013 ONCA 483, Temilini v. Ontario Provincial Police (Commissioner) (1990), 73 O.R. (2d) 664 (C.A.), Polo Digital Assets, Ltd (Re), 2022 ONCMT 32, Mek Global Limited (Re), 2022 ONCMT 15, Pro-Sys Consultants Ltd. V. Microsoft Corporation, 2013 SCC 57, Fischer v. IG Investment Management Ltd., 2012 ONCA 47, Housen v. Nikolaisen, 2002 SCC 33, Lilleyman v. Bumble Bee Foods LLC, 2024 ONCA 606, Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89, Palmer v. Teva, 2024 ONCA 220, Pioneer Corp. v. Godfrey, 2019 SCC 42, Jones v. F. H. Deacon Hodgson Inc. (1986), 56 O.R. (2d) 540 (H.C.)., Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, MediaQMI inc. v. Kamel, 2021 SCC 23, Kerr v. Danier Leather Inc., 2007 SCC 44, Re Northwestern Trust Co., [1926] S.C.R. 412, Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52, Lochan v. Binance Holdings Limited, 2023 ONSC 6714, Cloud v. Canada (Attorney General) (2004), 73 O.R. (3d) 401 (C.A.), Elmer A. Driedger, Construction of Statutes, 2nd ed. (Toronto: Butterworths, 1983), R. Sullivan, Sullivan on the Construction of Statutes (7^th ed. 2022)

Short Civil Decisions

Chippewas of Saugeen First Nation v South Bruce Peninsula (Town), 2025 ONCA 207

Keywords: Civil Procedure, Costs, Boucher v. Public Accountants Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (C.A.), Chippewas of Nawash Unceded First Nation v. Canada (Attorney General), 2023 ONCA 565, Chippewas of Saugeen First Nation v. the Town of South Bruce Peninsula et al., 2024 ONSC 2827

Li v Barber, 2025 ONCA 216

Keywords: Civil Procedure, Costs

Roger Vanden Berghe NV v Korhani of Canada Inc., 2025 ONCA 226

Keywords: Breach of Contract, Debtor-Creditor, Private International Law, Jurisdiction, Civil Procedure, Foreign Judgments, Enforcement, Appeals, Defences, Ineffective Assistance of Counsel, Fresh Evidence, R. v. Palmer, [1980] 1 S.C.R. 759, Sabaratnam v. Yohanathan, 2024 ONCA 845, OZ Merchandising Inc. v. Canadian Professional Soccer League Inc., 2021 ONCA 520

CIVIL DECISIONS

...