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ARTICLE · 03 NOVEMBER 2026

Court Of Appeal Summaries (October 5 – 9, 2026)

Blaney McMurtry LLP
Blaney McMurtry LLP
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The Ontario Court of Appeal released seven civil decisions addressing constitutional challenges to municipal by-laws affecting unhoused persons, limitation periods in professional negligence claims, contingency fee assessments in settlements for minors, force majeure clauses during COVID-19 closures, vexatious litigant designations, and the scope of settlement releases.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 5, 2026.

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In Heegsma v. Hamilton (City), the Court allowed an appeal by 14 unhoused people from the dismissal of their Charter challenge to the City of Hamilton’s by-law prohibiting tents and overnight stays in public parks. The Court ordered a new hearing before a different judge. The application judge had rejected the appellants’ evidence of overnight evictions because most of them had mental health or addiction issues. The Court held that relying on such stereotypes, and assessing credibility on a group basis, was an error of law. The Court also held that the application judge’s ss. 7 and 15 analyses were conclusory and did not apply the governing tests. He also erred in applying Canada (Attorney General) v. Power, which concerns legislation, to a municipal by-law. The Court held that Charter damages claims involving a by-law or its

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