Court Of Appeal Summaries (December 22-29, 2025)

• Published date: 06 January 2026
• Subject Matter: Litigation, Mediation & Arbitration, Court Procedure, Trials & Appeals & Compensation
• 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 December 22.

In Abbott v. London Health Sciences Centre, private oral surgeons challenged a hospital board's decision to stop allocating them free operating room time for private patient surgeries and canceling their related hospital privileges. This decision was made to prioritise hospital patients and comply with provincial funding requirements and a mandated scheduling system, without holding a hearing. The Court of Appeal agreed with the Divisional Court and upheld the decision as reasonable under section 44 of the Public Hospitals Act, which permitted hospital boards to make such decisions internally without affording a hearing. Applying Vavilov, the Divisional Court was correct to limit its review to the board's reasons and record that was before it, and was not required to consider affidavits submitted by the oral surgeons that were not before the hospital board when it made its decision.

In Ratnasingam v. Balasubramaniam, the Court dismissed an appeal to set aside a final order that dismissed an action where the underlying settlement had not been approved by the court, in breach of Rule 7 of the Rules of Civil Procedure, which requires that all settlements involving a party that lacked capacity be approved by the court. In this case, the appellants' lawyer had settled the case without authorization, misled them as to the status of their case and made off with the settlement funds. However, the respondent insurer could not be held responsible for that. The settlement was not unreasonable or unconscionable and the appellants were not in a position to repay the settlement amount. Accordingly, the settlement and companion dismissal order were upheld. The Court recognized the injustice done to the appellants and expressed the hope that they could obtain compensation elsewhere.

In Heegsma v. Hamilton (City), the Court of Appeal managed a complex Charter appeal arising from municipal encampment evictions by carefully controlling third-party participation, granting leave only to interveners who could offer distinct and useful legal perspectives.

In Hugginson v. Hugginson, the Court dismissed an appeal concerning a disputed $400,000 transfer from an estate, affirming the application judge's order to return the funds after finding no completed inter vivos gift and no continuing intention to gift that amount right up to the date of death.

In Van Aman v. Mugo, the Court dismissed the mother's appeal, upheld supervised parenting time under s. 16 of the Divorce Act and refused to vary child support.

Other topics covered this week included stay pending appeal from the striking of a defence for failure to comply with an order to deliver a proper sworn affidavit of documents, striking pleadings for disclosing no reasonable cause of action in a breach of duty of good faith MVA insurance claim where the plaintiff was alleging harassment by the surveillance firm hired by the insurer and setting aside a dismissal of an appeal for delay in a municipal by-law enforcement case.

Wishing everyone a happy New Year!

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Table of Contents

Civil Decisions

Adjala-Tosorontio (Township) v Saunders, 2025 ONCA 906

Keywords: Real Property, Municipal Law, By-Laws, Enforcement, Civil Procedure, Appeals, Dismissal for Delay, Setting Aside, Perfection, Extension of Time, Building Code Act, 1991, S.O. 1992, C. 23, Rules of Civil Procedure, r. r. 61.16(5), Guillaume v. Ontario (Animal Review Board), 2024 ONCA 851, Graff v. Network North Reporting and Mediation, 2020 ONCA 319, Langer v. Yorkton Securities Inc. (1986), 57 O.R. (2d) 555, Sickinger v. Sickinger, 2017 ONCA 760, Caledon (Town) v. Darzi Holdings Ltd., 2022 ONCA 455, Kudrocova v. Kronberger, 2021 ONCA 563, Philbert v. Graham, 2022 ONCA 488, Jewish Foundation of Greater Toronto (Re), 2022 ONCA 581, Hoffelner v. Whiteley, 2024 ONCA 753, Continental Imperial Exploration Ltd. v. Ontario (Environment, Conservation and Parks), 2024 ONCA 328

Abbott v. London Health Sciences Centre, 2025 ONCA 895

Keywords: Administrative Law, Health Law, Hospitals, Procedural Fairness, Statutory Interpretation, Public Hospitals Act, R.S.O. 1990, c. P.40, ss. 1, 32, 37(3) - 37(7), 38 - 44, 44(1), 44(1.1), 44(1.2), 44(2), 44(3), 44(4), 44(5), Hospital Management, R.R.O. 1990, Reg. 965, s. 1.1(1), Medicine Act, 1991, S.O. 1991, c. 30, ss. 9(1), 9(2), 9(3), Thales DIS Canada Inc. v. Ontario (Transportation), 2023 ONCA 866, leave to appeal refused, [2024] S.C.C.A. No. 58, Turkiewicz (Tomasz Turkiewicz Custom Masonry Homes) v. Bricklayers, Masons Independent Union of Canada, Local 1, 2022 ONCA 780, leave to appeal refused [2023] S.C.C.A. No. 131, Canadian Federation of Students v. Ontario (Colleges and Universities), 2021 ONCA 553, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, Givogue v. Canada (Attorney General), 2024 FCA 186, leave to appeal refused, [2025] S.C.C.A. No. 30, Tazehkand v. Bank of Canada, 2023 FCA 208, Beattie v. Women's College Hospital, 2018 ONCA 872, leave to appeal refused, [2018] S.C.C.A. No. 524, Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817

Derenzis v. Ontario, 2025 ONCA 893

Keywords: Contracts, Insurance, Duty of Good Faith, Torts, Negligence, MVA, Battery, Breach of Privacy (Intrusion Upon Seclusion), Abuse of Process, Vicarious Liability, Charter Claims, Human Rights, Civil Procedure, Striking Pleadings, No Reasonable Cause of Action, Abuse of Process, Canadian Charter of Rights and Freedoms, ss. 7, 8, and 15, Insurance Act, R.S.O. 1990, c. I.8, s. 280, 268(1), Statutory Accident Benefits Schedule, O. Reg. 34/10, ss. 19(3), 55(2), Human Rights Code, R.S.O. 1990, c. H.19, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, ss. 16(1)(h.2), (1.3), Licence Appeal Tribunal Act, S.O. 1999, c. 12, Sched. G, s. 5.1(4), Rules of Civil Procedure, r. 21, Kang v. Sun Life Assurance Co. of Canada, 2013 ONCA 118, Darmar Farms Inc. v. Syngenta Canada Inc., 2019 ONCA 789, Owsianik v. Equifax Canada Co., 2022 ONCA 813, Harris v. Glaxosmithkline Inc., 2010 ONCA 872, Dunford v. Hamilton-Wentworth District School Board, 2025 ONCA 438, Aba-Alkhail v. University of Ottawa, 2013 ONCA 633, Tranchemontagne v. Ontario (Director, Disability Support Program), 2006 SCC 14, McCreight v. Canada (Attorney General), 2013 ONCA 483, Fidler v. Sun Life Assurance Co. of Canada, 2006 SCC 30, Stegenga v. Economical Mutual Insurance Co., 2019 ONCA 615, Warwick v. Gore Mutual Insurance Co. (1997), 32 O.R. (3d) 76 (C.A.), Yang v. Cooperators General Insurance Company, 2021 ONSC 1540

Heegsma v. Hamilton (City), 2025 ONCA 904

Keywords: Public Law, Constitutional Law, Right to Life, Liberty and Security of the Person, Equality Rights, Charter Remedies, Damages, Municipal Law, By-Laws, Enforcement, Poverty Law, Real Property, Housing, Civil Procedure, Interveners, Friends of the Court, Stare Decisis, Canadian Charter of Rights and Freedoms, ss. 1, 7 and 15, Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 13.02, International Covenant on Economic, Social and Cultural Rights, Human Rights Code, R.S.O. 1990, c. H.19, National Housing Strategy Act, S.C. 2019, c. 29, s. 313, Peel (Regional Municipality) v. Great Atlantic & Pacific Co. of Canada Ltd. (1990), 74 O.R. (2d) 164 (C.A.), Canadian Federation of Students v. Ontario (Colleges and Universities), 2020 ONCA 842, Authorson (Litigation Guardian of) v. Canada (Attorney General) (2001), 147 O.A.C. 355 (C.A.), Bedford v. Canada (Attorney General), 2009 ONCA 669, Bhajan v. Ontario (Children's Lawyer), 2010 ONCA 560, Fair Voting BC v. Canada (Attorney General), 2024 ONCA 619, Solmar Inc. v. Hall, 2025 ONCA 570, The Regional Municipality of Waterloo v. Persons Unknown and to be Ascertained, 2023 ONSC 670, 164 O.R. (3d) 177, The Corporation of the City of Kingston v. Doe, 2023 ONSC 6662, 541 C.R.R. (2d) 255.

Hugginson v. Hugginson, 2025 ONCA 902

Keywords: Wills and Estates, Estate Administration, Estate Trustees, Civil Procedure, Evidence, Hearsay, Business Records, Admissibility, Costs, Evidence Act, R.S.O. 1990, c. E.23 s. 35, R. v. Khelawon, 2006 SCC 57, McNamee v. McNamee, 2011 ONCA 533, Jackson v. Rosenberg, 2024 ONCA 875, Bruno v. Dacosta, 2020 ONCA 602, Gumbley v. Vasiliou, 2025 ONCA 851, O'Brien v. Shantz (1998), 113 O.A.C. 346 (C.A.) Carvalho v. Verma, 2024 ONSC 1183, Setak Computer Services Corporation Ltd. v. Burroughs Business Machines Ltd. et. al. (1977), 15 O.R. (2d) 750, Strong v. Bird, [1871] L.R. 18 Eq. 315

Ratnasingam v. Balasubramaniam, 2025 ONCA 898

Keywords: Civil Procedure, Settlements, Incapacity, Court Approval, Orders, Setting Aside, Fraud, Rules of Civil Procedure, rr. 7.08, 7.09, 59.06(2), Book v. Cociardi, 2022 ONSC 3125, E. (Mrs.) v. Eve, [1986] 2 S.C.R. 388, Tsaoussis (Litigation Guardian of) v. Baetz (1998), 41 O.R. (3d) 257 (C.A.)

Royce Presidential Investments Inc. v Valour Group Inc., 2025 ONCA 903

Keywords: Contracts, Debtor-Creditor, Promissory Notes, Guarantees, Civil Procedure, Documentary Discovery, Affidavits of Documents, Orders, Enforcement, Striking Pleadings, Appeals, Stay Pending Appeal, Epireon Capital Limited, 2025 ONCA 559, 2642948 Ontario Inc. v. Jonny's Antiques Ltd., 2025 ONCA 381, Zafar v. Saiyid, 2017 ONCA 919, Carvalho Estate v. Verma, 2024 ONCA 222, Advanced Farm Technologies-J.A. v. Yung Soon Farm Inc., 2021 ONCA 569, Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), 2020 ONCA 310, Blench v. Cheng, 2024 ABCA 73, Beaver v. Hill, 2018 ONCA 415

Van Aman v. Mugo, 2025 ONCA 886

Keywords: Family Law, Parenting, Child Support, Variation, Review, Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 16, S.H. v. D.K., 2022 ONSC 1203 (Div. Ct.)

Short Civil Decisions

Chaly v. Structured Restoration Inc., 2025 ONCA 901

Keywords: Contracts, Real Property, Construction, Enforcement, Liens, Validity...