Court Of Appeal Summaries (April 28 ' May 2, 2025)

• Published date: 07 May 2025
• Law Firm: Blaney McMurtry LLP
• Author: John Polyzogopoulos

Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of April 28, 2025.

Wishing everyone an enjoyable weekend.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading

In North v. Bayerische Motoren Werke AG, the certification judge had certified a class against against BMW as a result of defective N20 engines. On appeal, the certification was set aside, as neither of the representative plaintiffs had a valid cause of action. The claims were for pure economic loss, which is not recoverable except to the extent losses are incurred to avert imminent danger to property or person. Replacement costs, repair costs and disposal costs not incurred to avert imminent danger are not recoverable in tort. Since neither representative plaintiff had incurred recoverable losses, the certification of the class action was set aside.

Total Meter Services Inc. v. GVM Integration involved a former employee and independent contractor copying source code from his former employer, resulting in a breach of contract, fiduciary duty and confidence. The Court allowed the appeal in part, finding that the trial judge did not err in making an adverse inference that the source code had been copied, but did err in failing to address the Appellants' limitation defence.

In Echelon General Insurance Company v. Unifund Assurance, a SABs priority dispute between insurers, the Court confirmed that on a proper reading of Regulation 283 under the Insurance Act, pre-arbitration expenses incurred by an insurer outside of a situation where there was an improper deflection of a SABs claim by an opposing insurer under s. 2.1(7) of Regulation 283 are not recoverable. The Court held that Regulation 283 reflects a deliberate regulatory policy choice to have insurers ordinarily bear their own pre-arbitration expenses, unless there has been improper deflection of a SABs claim, even if this creates some potential for unfairness in particular cases.

In Surefire Dividend Capture, LP v. National Liability & Fire Insurance Company (Berkshire Hathaway Specialty Insurance), the Court dismissed an appeal seeking insurance coverage for losses sustained in a Ponzi scheme perpetrated by a hedge fund's CEO. The trial judge held that the CEO was not the appellant's "Employee" under the fidelity bond, nor was there a "Theft of Customer Property" as defined.

In Windrift Adventures Inc. v. CTV-Bell Media Inc., the Court upheld the dismissal of a defamation action under the anti-SLAPP provisions of s. 137.1 of the Courts of Justice Act. The Court agreed the expression in a W5 episode regarding the maltreatment of sled dogs related to a matter of public interest, found the action lacked substantial merit, and held the alleged harm to the appellants was not serious enough to outweigh the public interest in protecting the expression. The Court clarified that its comments in Burjoski that a claim had to be "abusive" before an action would be dismissed under s. 137.1 did not change the Pointes Protection test laid out by the Supreme Court.

In Dhaliwal v. Nijher, the Court dismissed an appeal brought by the appellant wife after her family law claims were dismissed following an eight-day trial. The parties had only been married for 14 months and had no children. Other topics covered included enforcement of short term rental bylaws, employment law, lawyers' professional discipline, enforcement of settlements, intervenors, family law and extension of time to appeal.

Table of Contents

Civil Decisions

Dhaliwal v. Nijher, 2025 ONCA 325

Keywords: Family Law, Divorce, Property, Remedies, Equalization of Net Family Property, Unequal Division, Spousal Support, Torts, Intentional Infliction of Mental Distress, Family Law Act, R.S.O. 1990, c. F.3, Family Law Rules, O.Reg. 114/99, Prinzo v. Baycrest Centre for Geriatric Care (2002), 60 O.R. (3d) 474 (C.A.), Colistro v. Tbaytel, 2019 ONCA 197, leave to appeal refused, [2019] S.C.C.A. No. 173, Piresferreira v. Ayotte, 2010 ONCA 384, leave to appeal refused, [2010] S.C.C.A.

Total Meter Services Inc. v. GVM Integration, 2025 ONCA 321

Keywords: Breach of Contract, Breach of Fiduciary Duty, Breach of Confidence, Civil Procedure, Limitation Periods, Evidence, Adverse Inferences, Limitations Act,2002, SO 2002, c 24, Sch B, s. 4, Rules of Civil Procedure, rr. 25.06(8), 30.06, 1468025 Ontario Limited v. 998614 Ontario Inc., 2016 ONCA 504, Polla v. Croatian (Toronto) Credit Union Limited, 2020 ONCA 818, leave to appeal refused, [2021] S.C.C.A. No. 64., 1100997 Ontario Limited v. North Elgin Centre Inc., 2016 ONCA 848, Fehr v. Sun Life Assurance Company of Canada, 2024 ONCA 847

Echelon General Insurance Company v. Unifund Assurance, 2025 ONCA 324

Keywords: Contracts, Insurance Law, Statutory Accident Benefits, Priority, Statutory Interpretation, Insurance Act, R.S.O. 1990, c. I.8, Motor Vehicle Accident Claims Act, R.S.O. 1990, c. M.41, Arbitration Act, 1991, S.O. 1991, c. 17, Allstate Insurance Company of Canada v. Motor Vehicle Accident Claims Fund, 2007 ONCA 61, Kingsway General Insurance Company v. Ontario, 2007 ONCA 62, State Farm Mutual Automobile Insurance Company v. TD Home & Auto Insurance Company, 2016 ONSC 6229, Zurich Insurance Company v. Co-Operators General Insurance Company (2008), 62 C.C.L.I. (4th) 207 (Ont. S.C.), R. v. Lombard Insurance Co. of Canada,2010 ONSC 1770, Gyorffy v. Drury, 2015 ONCA 31, Ontario (Finance) v. Echelon General Insurance Company, 2019 ONCA 629, Kingsway General Insurance Co. v. West Wawanosh Insurance Co. (2002), 58 O.R. (3d) 251 (C.A.), Travelers Insurance Company of Canada v. CAA Insurance Company, 2020 ONCA 382

Schram v. Linwood Management Corporation, 2025 ONCA 337

Keywords: Real Property, Residential Tenancies, Civil Procedure, Leave to Appeal, Extension of Time, Residential Tenancies Act, 2006, S.O. 2006, c. 17, s 64(1), Canadian Charter of Rights and Freedoms, s 15, Rules of Civil Procedure, s 63.02(1)(b), Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, 828343 Ontario Inc. v. Demshe Forge Inc., 2022 ONCA 412, Issasi v. Rozenzweig, 2011 ONCA 112, Pantoja v. Belilla, 2023 ONCA 757, Kaiman v. Graham, 2009 ONCA 77, Matthews v. Algoma Timberlakes Corp., 2010 ONCA 468, North York General Hospital Foundation v. Armstrong (2005), 258 DLR (4th) 85 (Ont. C.A.)

Surefire Dividend Capture, LP v. National Liability & Fire Insurance Company (Berkshire Hathaway Specialty Insurance), 2025 ONCA 332

Keywords: Contracts, Insurance, Coverage, Rules of Civil Procedure, r. 13.01, Rodaro v. Royal Bank of Canada (2002), 59 O.R. (3d) 74 (C.A.), Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 52, Heritage Capital Corp. v. Equitable Trust Co., 2016 SCC 19, Oshawa Group Ltd. v. Great American Insurance Co. (1982), 132 D.L.R. (3d) 453, 36 O.R. (2d) 424 (C.A.), Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20, Corner Brook v. Bailey, 2021 SCC 29, Surefire Dividend Capture, LP v. National Liability & Fire Insurance Company (Berkshire Hathaway Specialty Insurance), 2024 ONCA 644

North v. Bayerische Motoren Werke AG, 2025 ONCA 340

Keywords: Torts, Negligence, Product Liability, Negligent Design, Negligent Manufacture, Failure to Warn, Civil Procedure, Class Proceedings, Certification, Representative Plaintiffs, Damages, Pure Economic Loss, Class Proceedings Act, 1992, S.O. 1992, c. 6.1, 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35, Winnipeg Condominium Corporation No. 36 v. Bird Construction Co., [1995] 1 S.C.R. 85, Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19, D. & F. Estates Ltd. v. Church Commissioners for England, [1989] A.C. 177, [1988] 2 All E.R. 992, Murphy v. Brentwood District Council, [1991] 1 A.C. 398, [1990] 2 All E.R. 908 (H.L.)., Lilleyman v. Bumble Bee Foods LLC, 2024 ONCA 606, Carter v. Ford Motor Co. of Canada, 2021 ONSC 4138, n Fernandez Leon v. Bayer Inc., 2023 ONCA 629, Coles v. FCA Canada Inc., 2022 ONSC 5575, Harris v. Bayerische Motoren Werke Aktiengesellschaft, 2020 ONSC 1647, Hollis v. Dow Corning Corp., [1995] 4 S.C.R. 634, Stone v. Wellington County Board of Education (1999), 120 O.A.C. 296 (Ont. C.A.)

Windrift Adventures Incorporated v. CTV-Bell Media Inc., 2025 ONCA 346

Keywords: Torts, Defamation, Civil Procedure, Anti-SLAPP, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 137.1, Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13, 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, Burjoski v. Waterloo Region District School Board, 2024 ONCA 811, Bent v. Platnick, 2020 SCC 23

Short Civil Decisions

Munir v. Garg, 2025 ONCA 334

Keywords: Municipal Law, Land Use Planning, Bylaws, Enforcement, Short Term Rentals, Jurisdiction, Charter of Rights and Freedoms, ss. 7, 15, Fire Protection and Prevention Act, 1997, S. O. 1997, c. 4, Municipal Act 2001, S.O 2001 c. 25, Residential Tenancies Act, 2006, S. O. 2006, c. 17

Henderson v. Wang, 2025 ONCA 335

Keywords: Wills and Estates, Civil Procedure, Appeals, Extension of Time, Rules of Civil Procedure, r. 61.04(1), Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, Issasi v. Rozenzweig, 2011 ONCA 112, Pantoja v. Belilla, 2023 ONCA 757, 828343 Ontario Inc. v. Demshe Forge Inc., 2022 ONCA 412

Elzayat v. Rogers Communications, 2025 ONCA 336

Keywords: Employment Law, Human Rights, Discrimination, Civil Procedure, Limitation Periods, Discoverability, Incapacity, Summary Judgment, Appeals, Panel Reviews, Evidence, Transcripts, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 7(5), Hillmount Capital Inc. v. Pizale, 2021 ONCA 364

De Longte v. De Longte, 2025 ONCA 338

Keywords: Family Law, Professional Negligence, Lawyers, Civil Procedure, Appeals, Ineffective Assistance of Counsel, Intervenors, Rules of Civil Procedure, rr. 1.04, 13.01, Family Law Rules, O. Reg. 114/99, r. 25(19), Jones v. Tsige (2011), 106 O.R. (3d) 721 (C.A.), Butty...