Court Of Appeal Summaries (June 2-6, 2025)

• Published date: 11 June 2025
• Law Firm: Blaney McMurtry LLP
• Author: John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 2, 2025.

In Cadieux v. Cadieux, the Court upheld the motion judge's decision to approve a Pierringer agreement between the plaintiffs and the City of Ottawa, which would result in the non-settling defendants being jointly and severally liable only to the degree of their collective fault for a motor vehicle accident. The Court affirmed that Pierringer agreements do not inherently prejudice non-settling defendants and emphasized that allowing proportionate reductions in liability due to potential co-tortfeasor insolvency would discourage the public interest in encouraging settlements and conflict with the Negligence Act's goal of making plaintiffs whole. The risk of one tortfeasor not being able to contribute their share of liability falls on the other jointly and severally liable tortfeasors who do have the ability to pay, not on the plaintiff.

In Metrolinx v. Amalgamated Transit Union, Local 1587, five employees were dismissed for sexual harassment, and the dismissals were grieved. The arbitrator ordered the reinstatement of the grievors; however, this decision was overturned on judicial review. The Court ultimately found the arbitration award to be unreasonable and dismissed the grievors' appeal.

In Amirthalingam v. Ratnam, the Court dismissed the appeal, finding no error in the trial judge's exercise of her trial management powers in refusing leave to withdraw the deemed admissions and in declining to permit the appellants to call a last-minute witness. The Court also upheld the trial judge's finding that the respondent had established all the necessary elements for their claim of unjust enrichment.

Shanthakumar Estate v. Canada Border Services Agency explores police negligence, focusing primarily on the standard of care. The Court dismissed the appeal, finding that the trial judge did not apply an inappropriate standard of care as to whether the arresting officers were negligent in making the arrests in question.

Westmount-Keele Limited v. Nicholas C. Tibollo Professional Corporation was a professional negligence claim in which the Court partially allowed the plaintiff's appeal and increased the amount of damages awarded against the solicitors.

Finally, Hesch v. Langford was a priority dispute between motor vehicle insurers in respect of contributing to a settlement with the estate of a victim of an accident and her family following a collision with an uninsured motorist.

Table of Contents

Civil Decisions

Cadieux v Cadieux, 2025 ONCA 405

Keywords: Torts, Negligence, MVA, Joint and Several Liability, Contribution and Indemnity, Contracts, Civil Procedure, Pierringer Agreements, Enforcement, Negligence Act, R.S.O. 1990, c. N.1, s. 1, Insurance Act, R.S.O. 1990, c. I.8, Contributory Negligence Act, RSS 1978, c C-31, Pierringer v. Hoger, 124 N.W.2d 106 (Wis. S.C. 1963), M.(J.) v. B.(W.) (2004), 71 O.R. (3d) 171 (C.A.), Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37, Endean v. St. Joseph's General Hospital, 2019 ONCA 181, Allianz v. Canada (Attorney General), 2017 ONSC 4484, Taylor v. Canada (Health), 2009 ONCA 487, Chinook Group Ltd. v. Foamex International Inc. (2004), 72 O.R. (3d) 381 (S.C.), Renaissance Leisure Group Inc. v. Frazer (2004), 242 D.L.R. (4th) 229 (Ont. C.A.), Moore v. Sweet, 2018 SCC 52, Report on Contribution Among Wrongdoers and Contributory Negligence, Toronto: Ministry of Attorney General, 1988

Metrolinx v. Amalgamated Transit Union, Local 1587, 2025 ONCA 415

Keywords: Arbitration, Employment, Labor, Sexual Harassment, Workplace Harassment Occupational Health and Safety Act, R.S.O. 1990, c. O.1 ("OHSA"), Ontario Human Rights Code, R.S.O. 1990, Calgary (City) v. Canadian Union of Public Employees Local 37, 2019 ABCA 388, Metrolinx v. Amalgamated Transit Union

Amirthalingam v Ratnam, 2025 ONCA 414

Keywords: Contracts, Debtor-Creditor, Unjust Enrichment, Civil Procedure, Deemed Admissions, Withdrawal, Procedural and Natural Justice, Rules of Civil Procedure, rr. 51.03(2), 51.05, 1.04(1), 2.01(1), Champoux v. Jefremova, 2021 ONCA 92, Kerr v. Baranow, 2011 SCC 10

Shanthakumar Estate v. Canada Border Services Agency, 2025 ONCA 422

Keywords: Torts, Negligence, Police, Charter Claims, Wrongful Arrest, Arbitrary Detention, Standard of Care, Civil Negligence Jurisprudence, Canadian Charter of Rights and Freedoms, rr. 8, 9, Criminal Code, R.S.C. 1985, c. C-46 rr. 380(1), 145(4), 495(1), 766, Customs Act, R.S.C. 1985, c. 1 s. 106(1), Cannabis Control Act, 2017, S.O. 2017, c. 26, Sched. 1, Hill v. Hamilton-Wentworth Regional Police Services Board, 2007 SCC 41, R. v. Storrey, [1990] 1 S.C.R. 241, R. v. Tim, 2022 SCC 12, R. v. Beaver, 2022 SCC 54, 495793 Ontario Ltd. (Central Auto Parts) v. Barclay, 2016 ONCA 656, Payne v. Mak, 2018 ONCA 622, Kolosov v. Lowe's Companies Inc., 2016 ONCA 973, R. v. Gerson-Foster, 2019 ONCA 405, R. v. Robinson, 2016 ONCA 402, R. v. Kossick, 2018 SKCA 55, R. v. Williams, 2024 ONCA 69, R. v. Golub (1997), 34 O.R. (3d) 743 (C.A.), R. v. Chehil, 2013 SCC 49, R. v. Harris, 2007 ONCA 574, R. v. Wilson, [2006] O.J. No. 4461 (C.A.), R. v. Harris, 2006 ONCJ 106, R. v. Wilson, [2003] O.J. No. 4465, R. v. J.F.R., [1991] Y.J. No. 235 (Terr. Ct.), Lord v. Canada, 2001 BCSC 212, Khadikin v. The Corp. of the City of Nelsonet al, 2003 BCSC 1987, Dao v. Hamilton (City) Police Services Board, [2009] O.J. No. 2240 (S.C.)

Westmount-Keele Limited v. Nicholas C Tibollo Professional Corporation, 2025 ONCA 401

Keywords: Contracts, Torts, Solicitors Negligence, Damages, Mitigation, Civil Procedure, Limitation Periods, Discoverability, Summary Judgment, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 4, Cassandro v. Glass, 2019 ONCA 654, Martin v. Goldfarb (1998), 41 O.R. (3d) 161 (C.A.), Westmount-Keele Limited v. Royal Host Hotels and Resorts, 2018 ONSC 5170

Hesch v Langford, 2025 ONCA 404

Keywords: Contracts, Interpretation, Contra Proferentem, Insurance, Motor Vehicle, Uninsured Motorist Coverage, Ontario Automobile Policy OAP-1, 44R Endorsement, Priority, Insurance Act, R.S.O. 2000, c. I.8, s. 277, Family Law Act, R.S.O. 1990, c. F.3, Kahlon v. ACE INA Insurance, 2019 ONCA 774, Parslow v. Old Republic Insurance Co. of Canada, 2002 CarswellOnt 5176 (Ont. S.C.), Pilot Insurance Company v. Sutherland, 2007 ONCA 492, Benson v. Walt, 2018 ONCA 172, McGrath v. Arshad (2008) 158 (Ont. S.C.), The Standard Automobile Policy Annotated, Toronto: Butterworths, 1986, Auto Insurance Coverage Law in Ontario, 2nd ed., Toronto: LexisNexis Canada, 2021

Short Civil Decisions

Johnson-Emanuel v. Emanuel, 2025 ONCA 402

Keywords: Family Law, Property, Equalization of Net Family Property, Child Support, Special or Extraordinary (Section 7) Expenses, Civil Procedure, Appeals, Perfection, Extension of Time, Panel Reviews, Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), Federal Child Support Guidelines (SOR/97-175), Hillmount Capital Inc. v. Pizale, 2021 ONCA 364

Yui v. Yan, 2025 ONCA 410

Keywords: Contracts, Interpretation, Real Property, Agreements of Purchase and Sale of Land, Assignments, Termination, Damages, Prejudgment Interest, Post-judgment Interest, Civil Procedure, Cross-Appeals, Rules of Civil Procedure, r. 61.07(1)

Ontario Federation of All Terrain Vehicle Clubs v. Ireland, 2025 ONCA 411

Keywords: Torts, Defamation, Defences, Truth, Fair Comment, Civil Procedure, Applications, Misnomer, Notices of Appearance, Procedural Fairness, Rules of Civil Procedure, rr. 38.07 and 5.04(2), Ormerod v. Strathroy Middlesex General Hospital (2009), 97 O.R. (3d) 321 (C.A.), Foulidis v. Ford, 2014 ONCA 530

Nayyer v. Wang, 2025 ONCA 412

Keywords: Contracts, Real Property, Condominiums, Civil Procedure, Evidence, Credibility

Gallant v. Johnson, 2025 ONCA 419

Keywords: Contracts, Interpretation, Duty of Good Faith, Real Property, Commercial Leases, Rules of Civil Procedure, Rule 14.05(3)(d)

Oliveria Jr. v. Mencel, 2025 ONCA 420

Keywords: Civil Procedure, Appeals, Perfection, Extension of Time, Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131

CIVIL DECISIONS

Cadieux v. Cadieux, 2025 ONCA 405

[George, Favreau and Gomery JJ.A.]

Counsel:

D. A. Zuber and P. Essig, for the appellants

I.W. Furlong, D.R. Merkur, R.M. Ben and A.N. Williams, for the respondents K.C. by his litigation guardian, L.S., L.S. and J.C. by his litigation guardian L.S.

S. Doucet, for the respondent City of Ottawa

W. Colin Empke, for the respondent P.C.

J.Y. Obagi and E.A. Quigley, for the Intervener Ontario Trial Lawyers Association

Keywords: Torts, Negligence, MVA, Joint and Several Liability, Contribution and Indemnity, Contracts, Civil Procedure, Pierringer Agreements, Enforcement, Negligence Act, R.S.O. 1990, c. N.1, s. 1, Insurance Act, R.S.O. 1990, c. I.8, Contributory Negligence Act, RSS 1978, c C-31, Pierringer v. Hoger, 124 N.W.2d 106 (Wis. S.C. 1963), M.(J.) v. B.(W.) (2004), 71 O.R. (3d) 171 (C.A.), Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37, Endean v. St. Joseph's General Hospital, 2019 ONCA 181, Allianz v. Canada (Attorney General), 2017 ONSC 4484, Taylor v. Canada (Health), 2009 ONCA 487, Chinook Group Ltd. v. Foamex International Inc. (2004), 72 O.R. (3d) 381 (S.C.), Renaissance Leisure Group Inc. v. Frazer (2004), 242 D.L.R. (4th) 229 (Ont. C.A.), Moore v. Sweet, 2018 SCC 52, Report on Contribution Among Wrongdoers and Contributory Negligence, Toronto: Ministry of Attorney General, 1988

facts:

The defendant, P.C., collided with one of the appellants' tractor trailers after entering an intersection on a red light. P.C.'s two minor children, who are respondents, were passengers in his vehicle and suffered catastrophic injuries from the collision.

The City of Ottawa ("Ottawa") was named as a defendant in the statement of claim in which it was alleged that the City was negligent in designing the intersection where the accident occurred. The plaintiffs and Ottawa entered into a...