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

• Published date: 27 November 2025
• Subject Matter: Finance and Banking, Corporate/Commercial Law, Litigation, Mediation & Arbitration, Energy and Natural Resources, Family and Matrimonial, Debt Capital Markets, Charges, Mortgages, Indemnities, Compliance, Contracts and Commercial Law, Oil, Gas & Electricity, Family Law, Trials & Appeals & Compensation, Libel & Defamation, 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 November 17, 2025.

Continue Reading

In E.L.R. v D.M.S., a family law proceeding, the Court dismissed the husband's motion to extend time to perfect his appeal from an order that upheld the striking of his pleadings, noting his persistent, egregious and unexplained non‑compliance with disclosure and costs orders. Applying the established extension test, the Court found that while the husband maintained an intention to appeal, the delay was unjustified, prejudice to the respondents was significant, and the moving party's protracted litigation misconduct undermined confidence in the administration of justice.

In 2609413 Ontario Inc. v. Brant, the Ontario Court upheld summary judgment for the respondent purchaser, finding that a second $300,000 consulting payment was expressly contingent on the purchaser receiving a cultivation licence. Since the cultivation licence was never received, the payment was not owing and the mortgage securing it was therefore properly discharged.

In Wiebe v. Smith, the Court denied an extension of time to appeal where the proposed appeal lacked merit, even though the failure to appeal on time was solely as a result of the failure by the proposed appellant's counsel to file the notice of appeal on time and there was no real prejudice to the respondent.

In Kideckel v. Kideckel, the Court denied a motion to extend time to perfect two appeals from a defamation judgment and an order striking the moving party's action, holding that the justice of the case did not warrant an extension because the proposed appeals lacked merit.

In Icetrading Inc. v. Trayanov, the Court of Appeal allowed the appeal, concluding that the motion judge erred in finding a breach of contract and good faith and fair dealing.

Wishing everyone an enjoyable weekend.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Table of Contents

Civil Decisions

Kideckel v. Kideckel, 2025 ONCA 787

Keywords: Torts, Defamation, Civil Procedure, Appeals, Perfection, Extension of Time, Service, Email, Rules of Civil Procedure, r. 16.01(4)(b)(iv), Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, Issasi v. Rosenzweig, 2011 ONCA 112, Robson v. Law Society of Ontario, 2023 ONCA 709, Laski v. Laski, 2016 ONCA 337, Wardlaw v. Wardlaw, 2020 ONCA 286, Sutherland Lofts Inc. v. Peck, 2017 ONCA 803

2609413 Ontario Inc. v Brant, 2025 ONCA 788

Keywords: Contracts, Interpretation, Debtor-Creditor, Real Property, Collateral Mortgages, Civil Procedure, Summary Judgment

Wiebe v. Smith 2025 ONCA 794

Keywords: Torts, Fraudulent Misrepresentation, Civil Procedure, Appeals, Extension of Time, Rules of Civil Procedure, rr. 61.04 (1), 1250264 Ontario Inc. v. Pet Valu Canada Inc., 2015 ONCA 5, Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, Robson v. Law Society of Ontario, 2023 ONCA 709, Laski v. Laski, 2016 ONCA 337, Wardlaw v. Wardlaw, 2020 ONCA 286, Issasi v. Rosenzweig, 2011 ONCA 112, Sutherland Lofts Inc. v. Peck, 2017 ONCA 803, R. v. G.F., 2021 SCC 20, Liquid Capital Exchange Corp. v. Daoust, 2024 ONCA 489

E.L.R. v D.M.S., 2025 ONCA 802

Keywords: Family Law, Parenting, Best Interests of the Child, Civil Procedure, Orders, Enforcement, Appeals, Perfection, Extension of Time, Self-Represented Litigants, Denomme v. McArthur, 2013 ONCA 694, Teitler v. Dale, 2021 ONCA 577, Issasi v. Rosenzweig, 2011 ONCA 112, Jex v. Jiang, 2021 ONCA 160, Howard v. Martin, 2014 ONCA 309

Icetrading Inc. v Trayanov, 2025 ONCA 793

Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, Duty of Good Faith, Fair Dealing and Honest Performance, Unjust Enrichment, Trayanov v. Icetrading Inc., 2023 ONCA 322, Dynamic Transport Ltd. v. O.K. Detailing Ltd., [1978] 2 S.C.R. 1072, John E. Dodge Holdings Ltd. v. 805062 Ontario Ltd. (2003), 63 O.R. (3d) 304 (C.A.), Bhasin v. Hrynew, 2014 SCC 71, Bank of America Canada v. Mutual Trust Co., 2002 SCC 43, Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19, Cassano v. The Toronto-Dominion Bank, 2007 ONCA 781, Apotex Inc. v. Eli Lilly and Company, 2015 ONCA 305, Kerr v. Baranow, 2011 SCC 10, Moore v. Sweet, 2018 SCC 52, R. v. Sheppard, 2002 SCC 26, Gholami v. The Hospital for Sick Children, 2018 ONCA 783

Short Civil Decisions

Miner-Tremblay v. Rintoul, 2025 ONCA 784

Keywords: Real Property, Encroachments, Civil Procedure, Orders, Mandatory Injunctions, Appeals, Stay Pending Appeal, Rules of Civil Procedure, rr. 63.01, 63.02, RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, M & M Homes Inc. v. 2088556 Ontario Inc., 2020 ONCA 134, Circuit World Corp. v. Lesperance (1997), 33 O.R. (3d) 674 (C.A.), Longley v. Canada (Attorney General), 2007 ONCA 149, SBG-Skill Based Games Inc. v. Ontario (Alcohol and Gaming Commission), 2025 ONCA 692, Avedian v. Enbridge Gas Distribution Inc., 2024 ONCA 53, Ontario Securities Commission v. Cacoeli Asset Management Inc., 2025 ONCA 465

1486151 Ontario Limited (Diverse Transportation) v. Chen, 2025 ONCA 786

Keywords: Torts, Defamation, Anti-SLAPP, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 137.1

Maresky v. Enthusiast Gaming Inc., 2025 ONCA 783

Keywords: Breach of Contract, Civil Procedure, Summary Judgment

B.M. v. Canada (Attorney General), 2025 ONCA 791

Keywords: Public Law, Crown Liability, Child Welfare, Indigenous Children, Civil Procedure, Class Proceedings, Appeals, Interveners, Case Management, BM v. Ontario, 2025 ONSC 4575

Petersen Energía Inversora, S.A.U. v. Argentina, 2025 ONCA 785

Keywords: Private International Law, Conflict of Laws, Foreign Judgments, Recognition and Enforcement, State Immunity, Civil Procedure, Service, Appeals, Jurisdiction, Final or Interlocutory, Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 15 November 1965, 658 UNTS 163, State Immunity Act, R.S.C. 1985, c. S-18, ss. 9(1)(c) and (2), Paulpillai Estate v. Yusuf, 2020 ONCA 655, Ball v. Donais (1993), 13 O.R. (3d) 322, Khan Resources Inc. v. Atomredmetzoloto JSC, 2013 ONCA 189, Xela Enterprises Ltd. v. Castillo, 2014 ONCA 275, Shanghai Lianyin Investment Co. Ltd. v. Lu, 2023 ONCA 285, CIBC Mortgages Inc. v. Computershare Trust Co. of Canada, 2015 ONCA 846, Singh v. Heft, 2022 ONCA 135

C & C Nestco Corporation v. Starr, 2025 ONCA 792

Keywords: Torts, Professional Negligence, Lawyers, Equitable Claims, Breach of Fiduciary Duty, Civil Procedure, Amending Pleadings, Adding Parties, Limitation Periods, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 5(2), Arcari v. Dawson, 2016 ONCA 715, Klassen v. Beausoleil, 2019 ONCA 407, Morrison v. Barzo, 2018 ONCA 979

Tiveron v. Collins, 2025 ONCA 797

Keywords: Family Law, Support, Civil Procedure, Appeals, Fresh Evidence, Costs, Brophy v. Brophy (2004), 45 R.F.L. (5th) 56 (Ont. C.A.)., Dickie v. Dickie, 2007 SCC 8

Equitable Bank v. Cartel, 2025 ONCA 799

Keywords: Contracts, Real Property, Mortgages, Discharges, Civil Procedure, Appeals, Fresh Evidence, Mortgages Act, R.S.O. 1990, c. M.40, s. 22(2)

Tiveron v. Collins, 2025 ONCA 806

Keywords: Civil Procedure, Vexatious Litigants, Rules of Civil Procedure, rr. 2.2.02(a), 2.2.03(1)(b) and (3)

CIVIL DECISIONS

Kideckel v. Kideckel, 2025 ONCA 787

[Thorburn J.A. (Motion Judge)]

Counsel:

B.K., acting in person

A. Simovonian, for the responding party

I. Sinke, for the non-party, A. Simovonian

Keywords: Torts, Defamation, Civil Procedure, Appeals, Perfection, Extension of Time, Service, Email, Rules of Civil Procedure, r. 16.01(4)(b)(iv), Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, Issasi v. Rosenzweig, 2011 ONCA 112, Robson v. Law Society of Ontario, 2023 ONCA 709, Laski v. Laski, 2016 ONCA 337, Wardlaw v. Wardlaw, 2020 ONCA 286, Sutherland Lofts Inc. v. Peck, 2017 ONCA 803

Facts:

BK and DK were estranged brothers. BK resides in California and has been listed as a vexatious litigant in both California and Nevada.

On February 1, 2024, DK sued BK for defamation ("DK's action"). BK failed to defend and was noted in default. He abandoned his motion to set aside the noting in default and instead pursued a "prohibition" motion. On July 25, 2025, after a hearing in which BK participated, the motion judge rejected that motion. The judge found that BK had defamed DK. The judge awarded DK $50,000 in general damages, $20,000 in aggravated damages, and $20,000 in punitive damages. The judge granted a permanent injunction restraining BK from publishing false or defamatory statements about DK.

Earlier, on May 10, 2024, BK commenced a separate action against DK, DK's...