Court Of Appeal Summaries (August 11 ' 15, 2025)

• Published date: 19 August 2025
• Subject Matter: Corporate/Commercial Law, Employment and HR, Litigation, Mediation & Arbitration, Corporate and Company Law, Contracts and Commercial Law, Discrimination, Disability & Sexual Harassment, Employee Benefits & Compensation, Employee Rights/ Labour Relations, Arbitration & Dispute Resolution, Court Procedure, Trials & Appeals & Compensation
• 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 August 11, 2025.

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Congratulations to Blaneys' very own Roderick Winsor and Steven Kelly for the result obtained in N.S. v. Ukraine International Airlines PJSC. These actions were brought by the families of those who died in the shootdown of the UIA Flight PS752 by Iran following the American assassination of General Soleimani, a key figure in the Iranian Revolutionary Guard Corps. UIA defended its decision to fly, arguing that its decision was the same as other airlines operating in the region, was permitted by the relevant governments, and that the shoot down was not foreseeable. The Court dismissed the appeal from the detailed trial decision in favour of the plaintiffs. It concluded that Iran was a Conflict Zone and thus the risk assessment procedures in the International Civil Aviation Organization's ICAO 10084 ought to have been followed. UIA's Risk Assessment was negligent, resulting in the flight taking off notwithstanding the ongoing conflict between the US and Iran. The Court upheld the trial judge's findings on all key issues, dismissing UIA's arguments. The Court also denied leave to appeal costs, as there was no error in the trial judge's discretionary costs assessment.

In Fari Voting v. Canada (Attorney General), the appellants challenged the constitutionality of the federal electoral system under the Canada Elections Act, arguing it violated the rights to vote and equality under the Charter. The Court found that while the single-member plurality system may have its flaws, it did not infringe on the right to meaningful participation or equality, as the Charter does not guarantee proportional representation or demographic parity in Parliament. Ultimately, the appeal was dismissed, with the Court affirming that the current electoral system is constitutional and does not violate Charter rights.

In Meldazy v. Nassar, the Court upheld a jury award of over $1.5 million in damages to the respondent who was injured in a motor vehicle accident involving a TTC bus. The appellants, WM and the TTC, challenged the trial judge's refusal to put their proposed jury questions on causation and apportionment of damages to the jury, as well as the jury instructions and the handling of expert evidence on past income loss. The Court found that the jury was properly instructed and that the appellants' proposed questions were unnecessarily complex and potentially confusing. The appeal was dismissed, and the damages award was upheld.

In YG Limited Partnership and YSL Residences Inc. (Re), the Court upheld a decision reversing a proposal trustee's decision to disallow the breach of contract claim of a former executive in bankruptcy proceedings. The proposal trustee had initially disallowed the claim as an "equity claim" under the BIA and as being contingent. The Court upheld the appeal judge's decision to allow the executive's claim, finding that the claim was one for unliquidated damages for breach of an employment contract, and not tied to an ownership interest in the corporation. The trustee and the affected limited partners put forward arguments on priority, enforceability, and procedural issues - all of which were rejected by the Court.

In Ottawa Community Housing Corporation v. Sloan Valve Company, the appellant sought to appeal the striking out of an implied warranty claim and a negligence claim pursuant to r.21 of the Rules of Civil Procedure. The appeal was dismissed as the Court found that the defects in the pleadings could not be cured with leave to amend.

Wishing everyone an enjoyable weekend.

Table of Contents

Civil Decisions

N.S. v. Ukraine International Airlines PJSC, 2025 ONCA 587

Keywords: Torts, Negligence, Standard of Review, Palpable and Overriding Error, Reverse Onus, Duty of Care, Standard of Care, Causation in Fact, Causation in Law, Proximity, Remoteness, Unlimited Liability, Discretion, Civil Aviation, Conflict Zones, Security Risk Assessments, Safety Risk Assessments, Costs, Leave to Appeal Costs, Quantum of Costs, Experts, Expert Evidence, Discretion of Trial Judge, Qualifications of Experts, Disqualification of Experts, Montreal Convention for the Unification of Certain Rules for International Carriage by Air, May 28, 1999, 2242 U.N.T.S. 309, Class Proceedings Act, 1992, S.O. 1992, c. 6, Mustapha v. Culligan of Canada Ltd., 2008 SCC 27, Ryan v. Victoria (City), [1999] 1 S.C.R. 201, Piekut v. Canada (National Revenue), 2025 SCC 13, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, R. v. D.D., 2000 SCC 43, Clements v. Clements, 2012 SCC 32, Sacks v. Ross, 2017 ONCA 773, Rankin (Rankin's Garage & Sales) v. J.J., 2018 SCC 19, Bongard v. Bullen, 2025 ONCA 473, Limited v. Eaton Equipment Ltd., 2024 ONCA 25, Hamilton v. Open Window Bakery Ltd., 2004 SCC 9, International Civil Aviation Organization Documents 10084

Ottawa Community Housing Corporation v. Sloan Valve Company, 2025 ONCA 586

Keywords: Civil Procedure, Motion to Strike, Implied Warranty, Torts, Negligence, Negligent Misrepresentation, Contracts, Pleadings, Motion to Amend, Leave to Amend, Standard of Review, Question of Law, Correctness, Rules of Civil Procedure, r. 21.01(1)(a), r. 21.01(1)(b), Sale of Goods Act, R.S.O. 1990, c. S.1, s. 15, Class Proceedings Act, 1992, S.O. 1992, c. 6, s. 5(1)(a), Criminal Code, R.S.C., 1985, c. C-46, Arora v. Whirlpool Canada LP, 2013 ONCA 657, Jayco Inc. v. Canada (Revenue Agency), 2022 ONCA 277, Beaudoin Estate v. Campbellford Memorial Hospital, 2021 ONCA 57, Paton Estate v. Ontario Lottery and Gaming Corp., 2016 ONCA 458, R. v. Imperial Tobacco Canada Ltd., 2011 SCC 42, Hunt v. Carey Canada Inc., [1990] 2 S.C.R. 959, Burns v. RBC Life Insurance Company, 2020 ONCA 347, Ontario v. Madan, 2023 ONCA 18, Heydary Hamilton Professional Corporation v. Hanuka, 2010 ONCA 881, McHale v. Lewis, 2018 ONCA 1048, Fernandez Leon v. Bayer Inc., 2023 ONCA 629, Darmar Farms Inc. v. Syngenta Canada Inc., 2019 ONCA 789, Das v. George Weston Ltd., 2018 ONCA 1053, Grigonis v. Toronto Boardsailing Club, 2010 ONCA 651, CIT Financial Ltd. v. Sellter Industries Inc., 2005 CanLII 8191 (Ont. C.A.), Great West Van Conversions Inc. v. Langeuin, [2000] B.C.J. No. 2547, Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2013 SCC 57, Great West Van Conversions Inc. v. Langevin, 2000 BCSC 1830, Haliburton Forest & Wildlife Reserve Ltd. v. Toromont Industries Ltd. et. al., 2016 ONSC 3767, Marcinkiewicz v. General Motors of Canada Co., 2022 ONSC 2180, The Nicholls Chemical Co. of Canada v. The King (1905), 9 Ex. C.R. 272, R. v. Su, 2016 ONSC 195, 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35, North v. Bayerische Motoren Werke AG, 2025 ONCA 340, Winnipeg Condominium Corporation No. 36 v. Bird Construction Co., [1995] 1 S.C.R. 85, Design Services Ltd. v. Canada, 2008 SCC 22

Fair Voting BC v. Canada (Attorney General), 2025 ONCA 581

Keywords: Election Law, Constitutional Law, Right to Vote, Right to Equality, Policy, Purposive Interpretation, s. 3 & 15(1) of the Canadian Charter of Rights and Freedoms, ss. 2(1), 24(1), & 313 of the Canada Elections Act, S.C. 2000, c.9, Blencoe v. British Columbia (Human Rights Commission), 2000 SCC 44, Canada (Attorney General) v. Working Families Coalition (Canada) Inc., 2025 SCC 5, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, Corbiere v. Canada (Minister of Indian and Northern Affairs), [1999] 2 S.C.R. 203, Daoust v. Québec (Directeur general des élections), 2011 QCCA 1634, Figueroa v. Canada (Attorney General),2003 SCC 37, Frank v. Canada (Attorney General), 2019 SCC 1, Fraser v. Canada (Attorney General), 2020 SCC 28, Haig v. Canada, [1993] 2 S.C.R. 995, Harper v. Canada, 2004 SCC 33, Housen v. Nikolaisen, 2002 SCC 33, Libman v. Quebec (Attorney General), [1997] 3 S.C.R. 569, Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32, Quebec (Attorney General) v. A., 2013 SCC 5, R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, Reference re Prov. Electoral Boundaries (Sask.), [1991] 2 S.C.R. 158, Sauvé v. Canada (Attorney General), [1993] 2 S.C.R. 438, Sauvé v. Canada (Chief Electoral Officer), 2002 SCC 68, Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13, Amalgamated Transit Union, Local 113 v. Ontario, 2024 ONCA 407, Canada (Attorney General) v. Reform Party of Canada, 1995 ABCA 107, Jacob v. Canada (Attorney General), 2024 ONCA 648, Ontario English Catholic Teachers Association v. Ontario (Attorney General), 2024 ONCA 101, R. v. Pike, 2024 ONCA 608, R. v. Sharma, 2020 ONCA 478, Frederick Schauer & Barbara A. Spellman, "Analogy, Expertise, and Experience" (2017) 84 U. Chicago L. Rev. 249, Grégoire Webber, et al., Legislated Rights: Securing Human Rights through Legislation (Cambridge: Cambridge University Press, 2018), Hoi L. Kong, "Section 15(1): Precedent and Principles" (2023) 112 S.C.L.R. (2d) 149, at p. 161.

Meldazy v. Nassar, 2025 ONCA 590

Keywords: Personal Injury, Torts, Negligence, Liability, Duty of Care, Breach of Duty of Care, Causation, Damages, De Minimis, Expert, Expert Evidence, Voir Dire, Admissibility of Evidence, Jury Instructions, Sacks v. Ross, 2017 ONCA 773, 417 D.L.R. (4th) 387, Athey v. Leonati, [1996] 3 S.C.R. 458, Hicks v. Cooper (1973), 1. O.R. (2d) 221, Broadbent v. Greater Toronto Transit Authority (2008), 54 C.C.L.T. (3d) 19, M.B. v. 2014052 Ontario Ltd. (Deluxe Windows of Canada), 2012 ONCA 135, 109 O.R. (3d) 351, Meady v. Greyhound Canada Transportation Corp., 2012 ONSC 657, Wood v. Grand Valley Railway Company (1914), 51 S.C.R. 283, Penvidic v. International Nickel, [1976] 1 S.C.R. 267, Marcoccia v. Ford Credit Canada Limited, 2009 ONCA 317, Snushall v. Fulsang (2005), 78 O.R. (3d) 142 (C.A.).

YG Limited Partnership and YSL Residences Inc. (RE), 2025 ONCA 591

Keywords: Bankruptcy and Insolvency, Proposal, Trustee, Creditors...