Honner Law
Select Cases
Metropolitan Toronto Condominium Corporation No. 972 v. The Estate of Dermot Daly et al.
Honner represented a non-party lawyer on a motion to compel him to give evidence about legal advise he provided during a settlement conference. The motion was dismissed with $9,000 in costs payable to Honner’s client.
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R. v. XX (Ontario Court of Appeal, March 2025)
The Democracy Fund retained Honner to defend a young person charged with criminal offences for posting flyers at his high school that included a QR code linking to a video allegedly inciting hatred against the transgender community. Honner secured an acquittal on all charges, successfully arguing that the video did not constitute hate speech under Canadian law.
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Hodkinson (Re), 2025 CanLII 91454 (AB CPSDC)
Honner defended a physician against 17 allegations of professional misconduct arising from public comments critical of health officials during the COVID-19 pandemic. Following a hearing, the disciplinary panel accepted a joint recommendation and imposed the minimal sanction on the physician—a caution.
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R. v. Van Huigenbos, 2024 ABKB 714 (CanLII)
Honner represented one of the so-called “Coutts Three” in this high profile two-week jury trial in Lethbridge, Alberta. The client was charged with mischief over $5,000 in relation to the 18-day blockade of the U.S. border at Coutts in February 2022. Although the jury returned a conviction, the client received only a three-month conditional sentence, without curfew or house arrest.
R. v. DeBoer (CR-24-6072) (Appeal to the Superior Court of Justice)
Honner successfully appealed the sentence of a protester convicted in connection with the Ambassador Bridge blockade in Windsor. The appellate court agreed that the trial judge had applied the wrong legal test at sentencing and substituted a conditional discharge for the suspended sentence—resulting in no criminal conviction.
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R. v. Jordan, 2024 BCPC 252 (CanLII)
Honner secured an acquittal for a client put on trial for hosting an unlawful gathering in contravention of an order made under British Columbia’s Public Health Act during the COVID-19 pandemic.
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Azzeh v. Legendre et al. (October 30, 2023, Court File No. C-3308-14)
Honner was retained by the plaintiff’s lawyer to respond to a defence motion to strike a jury notice in an eight-week solicitor's negligence trial set to begin in two months. The motion was dismissed, and Honner obtained a cost award of $8,120 in favour of his client.
City of Calgary v. Reimer
Acting for the Democracy Fund, Honner secured the dismissal of charges against a Calgary pastor prosecuted for “holding a religious event without a permit” contrary to a municipal bylaw. The charges were withdrawn after Honner filed a Notice of Application and Constitutional Issue, arguing that silent prayer is not a “religious event” and that, in any event, the bylaw unreasonably infringed freedom of religion under the Charter.
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City of Windsor v. A.D.
In November 2023, Honner successfully defended a local lawyer charged under the Reopening Ontario Act for allegedly failing to enforce masking requirements in his office. The prosecution withdrew the charges mid-trial after Honner's cross-examination exposed inconsistencies in the enforcement officer’s evidence and a misunderstanding of the governing law.
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Automotive Parts Manufacturers’ Association v. Boak, 2022 ONSC 1001 (CanLII)
Honner acted for the Democracy Fund in securing its first court intervention which involved an urgent application for an interim injunction to stop protesters from blocking access to the Ambassador Bridge in Windsor, Ontario. Under Honner’s supervision, The Democracy Fund went on to successfully defend dozens of protesters charged with breaching the injunction.
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Kostiuk v. Porchuk, 2022 ONSC 6141 (CanLII)
Honner represented a substitute decision-maker in a successful application that obtained a writ of possession against a family member occupying the home of an incapacitated relative and preventing its sale. Substantial costs were awarded to Honner’s client.
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Her Majesty the Queen in Right of Ontario v. Madan, 2022 ONSC 5103 (CanLII)
Honner represented two co-defendants in successfully opposing the Ontario government’s motion to amend its statement of claim in a high-profile fraud action involving approximately $65 million.
McEvoy v. Barapp Law Firm Professional Corporation, CV-18-606788 (Superior Court of Justice)
Honner brought an action for professional negligence against a law firm. In February 2021, the defendants moved to strike the claim because it sought punitive damages. The motion was dismissed, and the plaintiff was awarded $7,500 in costs.
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R.H. and A.H. v. Canada Loyal Financial Limited et al., CV-21-0067378-0000
Honner obtained judgment for his clients in the amount of $441,100.05 plus costs and 15% annual interest in a Superior Court of Justice application concerning repayment of a private loan.
R. v. A.R. (Ontario Court of Justice, 2021)
After a three-day trial, Honner’s client was found not guilty of forcible confinement and multiple counts of assault.
Perrin v. Barkov, 2020 ONSC 1091
Honner obtained summary judgment for the plaintiffs totaling $137,732.40 in an action concerning loans made for GTA real estate development.
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Smart Games Canada Inc. v. Teplitsky, Colson LLP et al. (2019, Superior Court of Justice, CV-14-500447)
Honner obtained judgment exceeding $112,000 for the plaintiffs in a professional negligence action against a prominent law firm.
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Weld v. Ottawa Public Library, 2019 ONSC 5358 (CanLII)
• Honner represented the Justice Centre for Constitutional Freedoms in a judicial review challenging the Ottawa Public Library’s decision to cancel a private film screening based on content. Although the application was dismissed, Honner successfully reduced the costs awarded against the applicants.
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John Doe et al. v. Toronto Police Services Board et al. (M50362)
Honner represented John Doe in a motion before the Ontario Court of Appeal, which denied the Toronto Police Services Board leave to appeal a Divisional Court decision in his client's favour.
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Christian Medical and Dental Society of Canada et al. v. College of Physicians and Surgeons of Ontario, 2019 ONCA 393
Honner successfully brought a motion before the Ontario Court of Appeal granting the Justice Centre for Constitutional Freedoms intervener status in an appeal concerning physicians’ religious and conscience rights. Honner later represented the JCCF at the appeal, making submissions on the balance between “pressing and substantial objectives” and “reasonable limits” under the Canadian Charter of Rights and Freedoms.
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Ganeshan v. Karunakaran, 2019 ONSC 2941
Honner successfully moved to set aside a court order that had overturned a 20-year-old default judgment in favour of his client. Costs were granted to Honner's client.
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John Doe A v. Toronto Police Services Board, 2019 ONSC 2080 (Divisional Court)
Honner represented John Doe in successfully defending an appeal by the Toronto Police Services Board, which sought to strike Doe’s claim for breach of confidential informant privilege. Costs were awarded to the client.
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Adam House v. Canada (Employment, Workforce and Labour), 2019 CanLII 13579 (FC)
Honner acted as co-counsel in this judicial review challenging the federal government’s “attestation clause” requirement for summer jobs funding. This motion concerned whether the application should be stayed pending a related case before the Federal Court.
Poonwasee v. Plaza, 2018 ONSC 3797
Honner acted for the plaintiff in this two-week jury trial arising from a motor vehicle accident. The jury awarded significant damages, and the judge awarded $120,000 in legal costs to the plaintiff.
Smalling v. Toronto Community Housing Corporation, 2018 ONSC 663
Retained by another lawyer, Honner successfully appealed an Associate Judge’s decision denying a refusal motion. Costs were awarded to his client.
R. v. J.N. (Ontario Court of Justice, 2018)
Honner’s client was acquitted after a two-day trial on historical assault charges.
John Doe v. Toronto Police Services Board et al., 2018 ONSC 18
Honner successfully defended John Doe in a motion by the Toronto Police Services Board to strike his claim on the theory it was barred by the common law doctrine of absolute privilege. Costs were awarded to the client.
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The Attorney General of Ontario v. Dieleman et al., 2017 SCJ
Honner represented several defendants in opposing the Attorney General’s urgent motion to reinstate a 23-year-old injunction against protesting outside abortion clinics. The motion was dismissed, costs were awarded to the defendants, and the Attorney General ultimately abandoned the proceeding.
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Stanley v. Baxter (SC-13-09108-00)
Honner successfully moved to set aside a default judgment and simultaneously dismiss the plaintiff’s claim for disclosing no cause of action.
Razzaq v. Razzaq, 2017 SCJ (CV-17-1162-00)
Honner successfully moved to strike the plaintiff’s claim for malicious prosecution. Costs were awarded to his client.
John Doe v. Toronto Police Services Board et al., 2017 ONSC 1133
Honner obtained a rare civil publication ban and sealing order in a case alleging breach of informant privilege against the Toronto Police Services Board and the Attorney General.
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City of Toronto v. Fountas
Honner, retained by the Justice Centre for Constitutional Freedoms, defended a street preacher charged under a municipal bylaw for impeding a sidewalk. After a Charter application was filed, the charges were withdrawn.
Fias v. Souto, 2016 ONSC 5301
Honner represented the mother in a family law motion to change a final custody and access order. The father’s motion was dismissed entirely, with costs to Honner’s client.
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Durham School of Music Ltd. v. Zwicker (2016, Court File No. 79191/12)
Following a four-day trial, the court dismissed the plaintiff’s claim for breach of contract and fiduciary duty. Substantial costs were awarded to Honner’s client.
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Shaufhauser v. Soldier’s Memorial Hospital (CV-16-02-32)
Honner brought an emergency motion to appoint the Public Guardian and Trustee as substitute decision-maker for a vulnerable person in a disputed power-of-attorney case.
Wensley et al. v. Xu et al., 2016 ONSC 843
Retained by another lawyer, Honner successfully argued a motion to transfer a claim between courts. The motion was granted on favourable terms, with no costs thrown away.
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Raso v. Trostenko, [2015] O.J. No. 2053
Honner successfully moved to add multiple municipalities and parties to an action after the expiry of the limitation period. Costs were awarded to his client.
Farhat v. Monteanu, 2015 ONSC 2119
Honner successfully moved for partial summary judgment in a motor vehicle action involving limitation periods and discovery of threshold injuries. The decision established an important precedent and was reported in the Ontario Reports.
Pletosu v. TTC, [2015] O.J. No. 1632
Honner successfully argued that the Toronto Transit Commission was required to compensate his client for “costs thrown away” as a just term for setting aside a noting in default.
Durham School of Music Ltd. v. Zwicker (2014, Court File No. 79191/12)
Honner represented the defendant, a former music teacher, in defeating a motion by her former employer to amend its claim to plead a new cause of action on the eve of trial. Costs were awarded to the client.
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Jovceska v. Carron, CV-11-437531
Honner successfully moved to add Conseco Insurance Company as a party to an action, despite the insurer’s limitation period objection. Costs were awarded to his client.
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