Court Of Appeal Summaries (October 6 ' 10, 2025)

• Published date: 14 October 2025
• Subject Matter: Litigation, Mediation & Arbitration, Criminal Law, Court Procedure, Trials & Appeals & Compensation, Libel & Defamation, Crime, Civil Law
• 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 October 6, 2025.

In SBG-Skill Based Games Inc. v. Ontario (Alcohol and Gaming Commission), the Court dismissed the appellant's motion for a stay pending appeal of a judgment classifying the newest "GotSkill?" as a game of chance that would not be lawfully played in establishments without a gaming licence. The Court accepted there was a serious issue and irreparable financial harm but held the balance of convenience and the public interest in enforcing gambling and alcohol laws decisively favoured the respondent, particularly given that a prior decision relating to a prior version of this game had already been decided against the appellant.

In Ellacott v. Waterloo Regional Police Services, the Court upheld the dismissal of the appellant's lawsuit against the Waterloo Police, its chief, and two employees after she was terminated from her employment. The Court found that the police lawfully disclosed the appellant's marriage to a federal parolee to relevant authorities (the appellant was a supervisor at a halfway house). The disclosure was reasonable, made in good faith, and within statutory authority.

In Titus Steel Company v. Hack, the Court dismissed an appeal from the dismissal of a claim for breach of fiduciary duty, breach of confidence and conversion after a former director and officer resigned to start a competing business.

Other topics covered included stay and production from non-parties pending appeal.

Wishing everyone an enjoyable Thanksgiving weekend.

Table of Contents

Civil Decisions

SBG-Skill Based Games Inc. v. Ontario (Alcohol and Gaming Commission), 2025 ONCA 692

Keywords: Administrative Law, Alcohol and Gaming, Criminal Code, R.S.C. 1985, c. C-46, s. 197(1), Licensing, O. Reg. 746/21, s. 43(1) under the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22, Liquor Licence and Control Act, 2019, ss. 13, 68, Alcohol and Gaming Commission of Ontario Act, S.O. 2019, c. 15, Sched. 1, ss. 1(2), 3(2), 7(1), 10.1, 10.2, Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17, s. 11(2), Play For Fun Studios Inc. v. Registrar of Alcohol, Gaming and Racing, 2018 ONSC 5190, rev'd 2019 ONCA 648, leave to appeal refused, [2019] S.C.C.A. No. 365, BG-Skill v. Registrar, Alcohol and Gaming Commission, 2025 ONSC 4938, RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, Circuit World Corp. v. Lesperance (1997), 33 O.R. (3d) 674 (C.A.), Longley v. Canada (Attorney General), 2007 ONCA 149, 223 O.A.C. 102, Zafar v. Saiyid, 2017 ONCA 919, Ontario v. Shehrazad Non-Profit Housing Inc., 2007 ONCA 267, Manitoba (A.G.) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, Maple Ridge (District of) v. Thornhill Aggregates Ltd. (1998), 54 B.C.L.R. (3d) 155 (C.A.), Saskatchewan (Minister of Environment) v. Redberry Development Corp. (1987), 58 Sask. R. 134 (Q.B.), aff'd (1992), 100 Sask. R. 36 (C.A.)

Ellacott v. Waterloo (Police Board), 2025 ONCA 687

Keywords:Torts, Negligence, Misfeasance in Public Office, Police, Breach of Privacy, Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, Police Services Act, R.S.O. 1990, c. P.15, ss. 41(1.2), Criminal Code, R.S.C. 1985, c. C-46, Hill v. Hamilton-Wentworth Regional Police Services Board, 2007 SCC 41, R. v. Quesnelle, 2014 SCC 46

Titus Steel Company Limited v. Hack, 2025 ONCA 693

Keywords: Corporations, Directors, Officers, Torts, Breach of Confidence, Conversion, Breach of Fiduciary, Levac v. James, 2023 ONCA 73

Kideckel v. Kideckel, 2025 ONCA 689

Keywords:Torts, Defamation, Civil Procedure, Appeals, Discovery, Non-Parties, Stay Pending Appeal, Self-Represented Litigants, Criminal Code, R.S.C. 1985, c. C-46, s.683(1)(a), Rules of Civil Procedure, rr.30.10 and 63.01, R. v. Jaser, 2023 ONCA 24, RJR-MacDonald, Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, MacDonald Estate v. Martin, [1990] 3 S.C.R. 1235, Maftoun v. Banitaba, 2012 ONCA 786

Short Civil Decisions

1579959 Ontario Inc., 2025 ONCA 688

Keywords: Contracts, Construction, Liens, Civil Procedure, Appeals, Extension of Time, Jurisdiction, Transfer, Courts of Justice Act, R.S.O. 1990. C. C.43, s. 110, Construction Act, R.S.O. 1990, c. C.30, s. 71, Bernard v. Fuhgeh, 2020 ONCA 529

Macpherson v. Wyszatko Estate, 2025 ONCA 690

Keywords: Civil Procedure, Costs, Non-Parties, 11318847 Ontario Ltd. v. Laval Tool & Mould Ltd., 2017 ONCA 184

Luoy v. Canadian Imperial Bank of Commerce, 2025 ONCA 695

Keywords: Torts, Defamation, Libel, Negligence, Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Rules of Civil Procedure, r. 21.01(1)(b)

KMH Lawyers v. Kasanda, 2025 ONCA 694

Keywords: Contracts, Solicitor and Client, Fees, Assessments, Solicitors Act, R.S.O. 1990, c. S.15, s. 3, Trillium Motor World Ltd. v. General Motors of Canada Limited, 2015 ONSC 3824, Capital Sports Management Inc. v. Trinity Development Group Inc., 2022 ONSC 2657, Rye and Partners v. 1041977 Ontario Inc., 188 O.A.C. 158

CIVIL DECISIONS

SBG-Skill Based Games Inc. v. Ontario (Alcohol and Gaming Commission), 2025 ONCA 692

[Gomery J.A.]

Counsel:

S.C. Hutchison and B.A. Chung, for the moving party

A. Sinnadurai and M.J. Sims, for the responding party

Keywords: Administrative Law, Alcohol and Gaming, Criminal Code, R.S.C. 1985, c. C-46, s. 197(1), Licensing, O. Reg. 746/21, s. 43(1) under the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22, Liquor Licence and Control Act, 2019, ss. 13, 68, Alcohol and Gaming Commission of Ontario Act, S.O. 2019, c. 15, Sched. 1, ss. 1(2), 3(2), 7(1), 10.1, 10.2, Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17, s. 11(2), Play For Fun Studios Inc. v. Registrar of Alcohol, Gaming and Racing, 2018 ONSC 5190, rev'd 2019 ONCA 648, leave to appeal refused, [2019] S.C.C.A. No. 365, BG-Skill v. Registrar, Alcohol and Gaming Commission, 2025 ONSC 4938, RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, Circuit World Corp. v. Lesperance (1997), 33 O.R. (3d) 674 (C.A.), Longley v. Canada (Attorney General), 2007 ONCA 149, 223 O.A.C. 102, Zafar v. Saiyid, 2017 ONCA 919, Ontario v. Shehrazad Non-Profit Housing Inc., 2007 ONCA 267, Manitoba (A.G.) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, Maple Ridge (District of) v. Thornhill Aggregates Ltd. (1998), 54 B.C.L.R. (3d) 155 (C.A.), Saskatchewan (Minister of Environment) v. Redberry Development Corp. (1987), 58 Sask. R. 134 (Q.B.), aff'd (1992), 100 Sask. R. 36 (C.A.)

facts:

The appellant moved for a stay pending appeal of the application...