Melville v. McLaren
- Citation
- 2025 ONCA 869
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Court of Appeal for Ontario
- Decision
- 12 December 2025
- Posture
- Civil Appeal / On Appeal From Divisional Court Judgment
- Language
- English
More details
- Court
- Court of Appeal for Ontario
- Decision
- 12 December 2025
- Posture
- Civil Appeal / On Appeal From Divisional Court Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court of Appeal agreed with the Divisional Court's reasons and dismissed the appeal; accordingly the respondent was awarded costs in the amount specified.
Court disposition
Appeal dismissed
Orders
- Appeal dismissed
- Respondent awarded costs in the amount of $12,000 inclusive
02
Material facts
Parties
Janet Melville
Applicant (appellant) Counsel: Robert Daniel MalenShon McLaren
Respondent (respondent) Counsel: Terrence Howard Hill, Karen Faye SheddenAmounts and remedies
- Costs Awarded: CAD 12,000
03
Procedural history
Posture
Civil Appeal / On Appeal From Divisional Court Judgment
04
Questions and positions
Legal issues
- 01
Whether the Divisional Court's decision should be overturned on appeal
- 02
Whether the respondent is entitled to costs and the appropriate amount
Party arguments
- Applicant
- The appellant sought to overturn the Divisional Court's decision and obtain relief from that court's reasoning.
- Respondent
- The respondent argued the appeal should be dismissed and that costs should be awarded to the respondent in the amount of $12,000 inclusive.
05
Court’s reasoning
Legal principles
- 01
Appellate jurisprudence/common law
Appellate courts defer to lower court reasons where those reasons are sound
- 02
Ontario practice and Rules of Civil Procedure
Costs generally follow the event
06
Ratio, limits and disposition
Ratio decidendi
The Court of Appeal agreed with the Divisional Court's reasons and dismissed the appeal; accordingly the respondent was awarded costs in the amount specified.
Court disposition
Appeal dismissed
- Appeal dismissed
- Respondent awarded costs in the amount of $12,000 inclusive
Source and reliance status
Court of Appeal for Ontario · 12 December 2025
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal for Ontario
Judgment· 12 December 2025
Melville v. McLaren Collection Decisions of the Court of Appeal Date 2025-12-12 Neutral citation 2025 ONCA 869 Docket numbers COA-25-CV-0474 Judges Trotter, Gary T.; Copeland, Jill M.; Gomery, Sally A. Subject Civil Decision Content
COURT OF APPEAL FOR ONTARIO CITATION: Melville v. McLaren, 2025 ONCA 869 DATE: 20251212 DOCKET: COA-25-CV-0474 Trotter, Copeland and Gomery JJ.A.
BETWEEN Janet Melville Applicant (Appellant) and Shon McLaren Respondent (Respondent) Robert Daniel Malen, for the appellant Terrence Howard Hill and Karen Faye Shedden, for the respondent Heard and rendered orally: December 9, 2025 On appeal from the order of the Divisional Court (Justice Harriet E. Sachs, Justice Pamela L. Hebner and Justice Breese Davies), dated November 18, 2024, with reasons reported at 2024 ONSC 6335.
REASONS FOR DECISION [1] For the reasons of the Divisional Court, the appeal is dismissed. [2] The respondent is entitled to costs in the amount of $12,000, inclusive. “Gary Trotter J.A.” “J. Copeland J.A.” “S. Gomery J.A.”
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.