Court Of Appeal Summaries (July 13 – 17, 2026)

• Published date: 20 July 2026
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Real Estate and Construction, Employee Rights/ Labour Relations, Court Procedure, Trials & Appeals & Compensation, Real Estate, Landlord & Tenant - Leases
• Law Firm: Blaney McMurtry LLP
• Author: John Polyzogopoulos

Good evening.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 13, 2026.

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In KingSett Mortgage Corporation v. Mapleview Developments Ltd., the Court dismissed an appeal by two contractors who argued that the holdback deficiency under section 78(2) of the Construction Act should be calculated as ten percent of their total invoices rather than ten percent of unpaid invoices only. The Court held that where there were no subcontractor lien claims and a contractor's invoices had been fully paid, there was no deficiency in the holdbacks relating to those paid invoices. To hold otherwise would result in double recovery for the contractor, upset the statutory balance between lien claimants and mortgagees and lead to a commercial absurdity.

In Purolator Inc. v. Canadian Union of Postal Workers, the Court held that the application of s. 102 of the Courts of Justice Act, which requires notice to be given before an injunction can be issued to restrain an act in connection with a labour dispute, turns on the connection between the enjoined activity and the labour dispute, not on whether the moving party is itself a disputant. Since CUPW's picketing of Purolator was connected to the labour dispute between Canada Post and CUPW (with Purolater being 91% owned by Canada Post and where the latter's CEO sat on the former's board), and no notice was given, the injunction was set aside for lack of jurisdiction.

In Miller Estate v. Arguelles, the Court allowed an appeal from a Divisional Court decision upholding the termination by the Landlord Tenant Board of a tenancy for landlord's own use. The Court held that the death of the landlord prior to the termination of the tenancy invalidated the N12 notice because neither the landlord's son nor the Estate met the statutory standing criteria under section 48 of the RTA. The Court further held that the landlord's failure to disclose a prior issued N12 notice in the eviction application, as required by section 71.1, was a mandatory substantive deficiency that could not be cured by amendment by the Board at the hearing. The Court discussed the standard of review of a Divisional Court decision and the remedial purpose of the Residential Tenancies Act.

In Shafiq v. Ramsay, a companion decision to Miller Estate v. Arguelles, the Court set aside the Divisional Court's decision enforcing the Board's decision to evict the appellant. The Court held that the eviction application was invalid and should never have been accepted because of the respondent's failure to include details of a previously served N12 notice under section 71.1 of the RTA. It further held that the Board, in determining whether the eviction should be refused, failed to consider all the circumstances under section 83 of the RTA, including the appellant's cognitive impairments.

Wishing everyone an enjoyable weekend.

Table of Contents

Civil Decisions

KingSett Mortgage Corporation v. Mapleview Developments Ltd., 2026 ONCA 512

Keywords: Contracts, Construction, Liens, Holdback, Priorities, Mortgages, Statutory Interpretation, Bankruptcy and Insolvency, Receiverships, Construction Act, R.S.O. 1990, c. C.30, sections 1(1), 14(1), 22(1), 22(3), 31(1), 31(2), 34(1), 36(1), 36(2), 78(2), 78(5), Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, section 193, 243(1), Dufferin Concrete Products v. Waterbrooke Development Ltd. (1992), 8 C.L.R. (2d) 132 (Ont. Gen. Div.), Pegah Construction Ltd. v. Panterra Mansions Joint Venture Corp., 2014 ONSC 3966, 2403177 Ontario Inc. v. Bending Lake Iron Group Limited, 2016 ONCA 225, BCIMC Construction Fund Corporation v. 33 Yorkville Residences Inc., 2023 ONCA 1, Scott, Pichelli & Easter Limited v. Dupont Developments Ltd., 2022 ONCA 757, Trebell v. Canada Life Assurance Company, 2026 ONCA 481, Piekut v. Canada (National Revenue), 2025 SCC 13, Bell ExpressVu Limited Partnership v. Rex, 2002 SCC 42, R. v. Breault, 2023 SCC 9, Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, R. v. J.D., 2022 SCC 15, Brooks v. Mundy (1914), 16 D.L.R. 119 (Ont. C.A.), Otis Elevator Co. Ltd. et al. v. Commonwealth Holiday Inns of Canada Ltd. et al. (1972), 2 O.R. 536 (Ont. Co. Ct.), Doig v. Stehn (1924), 2 D.L.R. 627 (Sask. C.A.), BCIMC Construction Fund Corp. et al. v. 33 Yorkville Residences Inc et al., 2022 ONSC 2326, Bianco v. Deem Management Services Limited, 2021 ONCA 859, Proex Logistics Inc. (Re), 2025 ONCA 832, North House Foods Ltd. (Re), 2025 ONCA 563, Housen v. Nikolaisen, 2002 SCC 33, Business Development Bank of Canada v. Pine Tree Resorts Inc., 2013 ONCA 282, Dal Bianco v. Deem Management Services Limited, 2020 ONCA 585

Purolator Inc. v. Canadian Union of Postal Workers, 2026 ONCA 515

Keywords: Labour and Employment, Picketing, Civil Procedure, Prohibitory Injunctions, Statutory Interpretation, Courts of Justice Act, R.S.O. 1990, c. C. 43, ss. 19(1)(b), 101, 102, 102(1), 102(2), 102(3), 102(4), 102(5), 102(6), 102(8), 102(10), Judicature Act, R.S.O. 1960, c. 197, s. 17, Purolator Inc. v. Canadian Union of Postal Workers, 2025 ONCA 565, Maple Leaf Sports & Entertainment Ltd. v. Pomeroy [No. 2] (1999), 49 C.L.R.B.R. (2d) 285 (Ont. Gen. Div.), Canadian Pacific Railway Company v. Gill at al., 2013 ONSC 256, Trudel and Sons Roofing Ltd. v. Canadian Union of Shinglers and Allied Workers, [1994] O.J. No. 1528 (Gen. Div.), RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342, Taylor v. Newfoundland and Labrador, 2026 SCC 5, Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, Mantini v. Smith Lyons LLP (2003), 64 O.R. (3d) 505 (C.A.), Lawrence v. Toronto Humane Society (2006), 212 O.A.C. 263 (C.A.), Intercap Equity Inc. v. Bellman, 2022 ONCA 61, ReKitchener-Waterloo Real Estate Board Inc. and Ontario Regional Assessment Commissioner, Region No. 21 et al (1986), 56 O.R. (2d) 94 (H.C.), R.W.D.S.U., Local 558 v. Pepsi-Cola Canada Beverages (West) Ltd., 2002 SCC 8, Report of the Royal Commission Inquiry into Labour Disputes, (Toronto: Frank Fogg Queen's Printer, 1968)

Miller Estate v. Arguelles, 2026 ONCA 518

Keywords: Real Property, Residential Tenancies, Termination, Notice, Eviction Orders, Administrative Law, Standard of Review, Standing, Statutory Interpretation, Residential Tenancies Act, 2006, ss. 1, 2, 48(1) and (5), 71.1, 72(1), 83(1), 183, 187(2), 202(1)(a), and 210(1), 202(1)(a) Estates Administration Act, R.S.O. 1990, c. E.22, ss. 2(1), 4, and 16, Succession Law Reform Act, R.S.O. 1990, c. S.26, s. 58(1), Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, Protecting Tenants and Strengthening Community Housing Act, 2020, S.O. 2020, c. 16, Schedule 4, Smith v. Youthlink Youth Services, 2022 ONCA 313, Honsberger v. Great Lake Forest Resources Ltd., 2019 ONCA 44, Onyskiw v. CJM Property Management Ltd., 2016 ONCA 477, Elkins v. Van Wissen, 2023 ONCA 789, Housen v. Nikolaisen, 2002 SCC 33, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, White v. Upper Thames River Conservation Authority, 2022 ONCA 146, Law Society of Saskatchewan v. Abrametz, 2022 SCC 29, La Presse inc. v. Quebec, 2023 SCC 22, Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, Metropolitan Toronto Housing Authority v. Godwin (2002), 161 O.A.C. 57 (C.A.), Price v. Turnbull's Grove Inc., 2007 ONCA 408, The Law Society of Upper Canada v. Chiarelli, 2014 ONCA 391, Ricketts v. Veerisingnam, 2025 ONSC 841, Hefzi v. Louw, 2023 BCSC 994, Schuld v. Li, 2025 BCSC 681, Slapsys (c.o.b. 1406393 Ontario Inc.) v. Abrams, 2010 ONCA 676, Ben-Margi v. Yi, 2024 ONLTB 64298, Zuidersma v. Duke, 2022 CanLII 122598 (ON LTB), 2709 Lakeshore Holding Inc. v. Offei et al, 2024 ONLTB 2711, Murray v. Lynch, 2025 ONLTB 31412, Re Manitoba Language Rights, [1985] 1 S.C.R. 721

Shafiq v. Ramsay, 2026 ONCA 517

Keywords: Real Property, Residential Tenancies, Termination, Notice, Eviction Orders, Administrative Law, Standard of Review, Statutory Interpretation, Residential Tenancies Act, S.O. 2006, c. 17, ss. 48, 71.1, 83, 209(2), 210, Protecting Tenants and Strengthening Community Housing Act, 2020, S.O. 2020, c. 16, Schedule 4, Arguelles v. Estate of Ann Miller, 2025 ONSC 112, Smith v. Youthlink Youth Services, 2022 ONCA 313, Honsberger v. Great Lake Forest Resources Ltd., 2019 ONCA 44, Onyskiw v. CJM Property Management Ltd., 2016 ONCA 477, leave to appeal ref'd, [2016] S.C.C.A. No. 397, Elkins v. Van Wissen, 2023 ONCA 789, Housen v. Nikolaisen, 2002 SCC 33, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, White v. Upper Thames River Conservation Authority, 2022 ONCA 146, Law Society of Saskatchewan v. Abrametz, 2022 SCC 29, Miller Estate v. Arguelles, 2026 ONCA 518, Timbercreek Asset Management Inc. v. Soufi, 2024 ONSC 4041, Abdalla v. Kooirala, 2023 ONSC 7106

Short Civil Decisions

Petrisor v. Ramani, 2026 ONCA 520

Keywords: Civil Procedure, Appeals, Perfection, Extension of Time, Costs, Panel Review, Courts of Justice Act, R.S.O. 1990, c. C.43, section 7(5), Rules of Civil Procedure, r. 61.13(3.1), Machado v. Ontario Hockey Association, 2019 ONCA 210, Hillmount Capital Inc. v. Pizale, 2021 ONCA 364

Nabrotzky v. Bell, 2026 ONCA 525

Keywords: Real Property, Adverse Possession

Bertucci v. Toronto Fashion Group Limited, 2026 ONCA 524

Keywords: Conflict of Laws, Private International Law, Foreign Judgments, Recognition and Enforcement, Civil Procedure, Limitation Periods, Discoverability, Limitations Act 2002, S.O. 2002, c. 24, Sched. B, s 13, Bertucci v. The Toronto Fashion Group Limited et al., 2024 ONSC 938

Ataei v. Kalantari, 2026 ONCA 523

Keywords: Family Law, Domestic Contracts, Separation Agreements, Setting Aside, Duress, Civil Procedure, Appeals, Costs, Family Law Act, R.S.O. 1990, c. F.3, s 56(4), Family Law Rules, O. Reg. 114/99, r 24(3), Davies v. Jane, 2025 ONCA 752, Brad-Jay Investments Ltd. v. Szijjarto (2006), 218 O.A.C. 315 (C.A.), Hamilton v. Open Window Bakery...