Recent Cases

McEvoy v. Barapp Law Firm Professional Corporation: Superior Court of Justice: CV-18-606788

  • Honner brought this action on behalf of the plaintiff for professional negligence. In February 2021, the defendants attempted to strike a portion of the claim which pleaded punitive damages. The motions judge sided with Honner’s client, dismissed the motion and awarded the plaintiff $7,500 in costs.

R. v. XX (Ontario Court of Justice, 2021)

  • Honner represented the defendant who was criminally charged with forcible confinement and multiple counts of assault. The defendant was found not guilty of all charges following a three-day trial.

Perrin  v. Barkov, 2020 ONSC 1091

  • Honner obtained summary judgment for the plaintiffs in an amount totaling $137,732.40, inclusive of costs. The action concerned loans made to the defendants for the development and sale of real estate projects.

Smart Games Canada Inc. v. Teplitsky, Colson LLP et al (2019 – Superior Court of Justice – CV-14-500447)

  • Honner obtained judgment for the plaintiffs in an amount exceeding $112,000 in this civil action for lawyers’ negligence.

Weld v. Ottawa Public Library, 2019 ONSC 5358 (CanLII)

  • Honner represented the applicants in this Application for Judicial Review before the Divisional Court which claimed the library acted unfairly and in violation of the Canadian Charter of Rights and Freedoms by cancelling a contract with the applicant’s based on the content of a film they were privately screening.

John Doe et al. v. Toronto Police et al (M50362)

  • The Ontario Court of Appeal refused the Police defendant’s motion for leave to appeal from the Divisional Court, which upheld a previous ruling in favour of Honner’s client in this action for breach of informant privilege.

Christian Medical and Dental Society of Canada et. v. College of Physicians and Surgeons of Ontario, 2019 ONCA 393

  • Honner successfully moved before the Ontario Court of Appeal to grant the Justice Centre for Constitutional Freedoms intervener status as a friend of the court. Honner later represented the Justice Centre at the appeal where he made submissions on the importance of precisely defining the purpose of legislation in a section 1. Charter analysis.

Ganeshan v. Karunakaran, 2019 ONSC 2941

  • Honner successfully represented the plaintiff in moving to set aside an order obtained by the defendants which itself set aside a twenty year old default judgment. Honner demonstrated that the defendants’ affidavit evidence was inconsistent with their evidence on cross-examination and that the notice of motion was deficient. The presiding Master agreed that the order should never have issued.

Doe A v. Toronto Police Services Board, 2019 ONSC 2080 (Divisional Court)

  • The Toronto Police Services Board appealed a Superior Court decision refusing to strike the plaintiff’s claim where absolute privilege conflicted with confidential informant privilege. Honner represented the respondent, who successfully defended the appeal and was awarded costs.

Adam House v. Canada (Employment, Workforce and Labour), 2019 CanLII 13579 (FC)

  • Honner was co-counsel for the Applicant in this judicial review of the federal government’s imposition of an “attestation clause” as a prerequisite for receiving government funding.  This motion was concerned with whether a number of applications should be temporarily stayed pending a similar application before the Federal Court of Canada.

Poonwasee v. Plaza, 2018 ONSC 3797

  • Honner acted for the plaintiff in this two-week jury trial which concerned a motor vehicle accident. Justice Schreck of the Superior Court of Justice ruled in the plaintiff’s favour on the question of whether the jury should provide particulars on liability and injuries. The jury went on to award significant damages to the plaintiff, and the judge awarded legal costs to the plaintiff in the amount of $120,000.

Smalling v. Toronto Community Housing Corporation, 2018 ONSC 663

  • Successful appeal of a master’s decision denying the plaintiff’s refusals motion. Costs awarded in favour of the plaintiff.

R v. J.N. , 2018 OCJ

  • Acquittal obtained for client after two days of trial on historic domestic assault charges.

John Doe v. Toronto Police Services Board et al, 2018 ONSC 18

  • Successful representation of plaintiff in a motion brought by the police defendants to strike the claim as disclosing no cause of action because of the common law doctrine of absolute privilege. Costs awarded in favour of the plaintiff.

The Attorney General of Ontario v. Dieleman et al, 2017 SJC

  • Honner acted for a number of defendants in successfully opposing the Attorney General’s urgent motion to set aside an administrative dismissal and thereby reinstate an twenty-three year old injunction. Costs were awarded to the defendants and the Attorney General eventually abandoned its motion.

Stanley v. Baxter (SC-13-09108-00)

  • Successfully moved for defendant to set aside default judgment and dismiss the plaintiff’s claim for disclosing no cause of action.

Razzaq v. Razzaq, 2017 SCJ (CV-17-1162-00)

  • Honner acted for the defendant in moving to strike the plaintiff’s claim with leave to amend in this claim for malicious prosecution. Motion resolved in the defendant’s favour prior to the hearing, but proceeded on costs which were awarded to Honner’s client.

John Doe v. Toronto Police Services Board et al, 2017 ONSC 1133

  • Successfully moved before the Superior Court of Justice for a publication ban and sealing order in this civil action against the police, the attorney general, and other defendants.

City of Toronto v. Fountas

  • Honner acted as counsel for the Justice Centre for Constitutional Freedoms who represented the defendant in this case. The defendant was charged with breaching a municipal by-law for preaching on a city sidewalk.  Honner brought an application under the Canadian Charter of Rights and Freedoms. The charges were withdrawn.

Fias v. Souto, 2016 ONSC 5301

  • Honner represented the mother in this family law motion to change the final order of a judge regarding child custody and access. The father made allegations of physical abuse against the mother. The father’s motion was dismissed in its entirety with substantial costs payable to Honner’s client.

Durham School of Music Ltd. v. Zwicker Court File No: 79191/12 (2016)

  • This civil action went to trial at the Superior Court of Justice in Oshawa, Ontario. The plaintiff claimed breach of contract and breach of fiduciary duty against Honner’s client.  After a four day trial the judge sided with Honner’s client and dismissed the plaintiff’s action in its entirety.

Shaufhauser v. Soldier’s Memorial Hospital (CV-16-02-32)

  • Honner’s client brought an emergency motion, among other things, to appoint the Public Guardian and Trustee as the substitute decision maker for his hospitalized mother. Request to appoint the PGT granted.

Wensley et al. v. Xu et al. 2016 ONSC 843

  • Honner argued a motion for plaintiff’s counsel to transfer a matter from the Superior Court to Small Claims. The issue was the quantum of costs thrown away. Motion granted on terms overall favourable to the plaintiff.

Kondratiev v. Teplitsky, Colson LLP (CV-14-508494)

  • Honner’s client granted bifurcation of assessment hearing where there was previously a stay of proceedings pending the resolution of a related action for solicitor’s negligence.

Raso v. Trostenko, [2015] O.J. No. 2053

  • Honner successfully moved before Justice Tzimas to add multiple municipalities and other parties to an action after the expiration of the presumed limitation period. Costs awarded.

Farhat v. Monteanu, 2015 ONSC 2119

  • Honner successfully moved before Justice Perell for partial summary judgment on the issue of when the plaintiff discovered that he had a threshold injury arising from a motor vehicle accident. Decision was reported in the Ontario Reports.

Pletosu v. TTC, [2015] O.J. No. 1632

  • Master Dash required the TTC to compensate Honner’s client for costs thrown away as “just terms” for setting aside a noting in default.

Duhram School of Music LTD. v. Zwicker, Court File No. 79191/12 (2014)

  • Honner represented the defendant, who successfully defeated  the plaintiff’s motion to amend the statement of claim to assert a new cause of action on the eve of trial. Costs awarded. 

Jovceska v. Carron, CV-11-437531

  • Honner successfully moved before Master Haberman to add Conseco Insurance Company as a party to an action after the expiration of the presumed limitation period. Costs awarded.

Barrister & Solicitor