Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Runolfson v. Runolfson (2025 ONSC 2434)
In a family law dispute, the Court ordered the immediate sale of a jointly owned cottage under the Partition Act, rejecting the father’s request to delay the sale until equalization was resolved. The Court found no prejudice to either party and set conditions for the sale process.
Justice N. Somji
Civil Matters
Mitton v. Ministry of Transportation (2025 ONSC 2645)
In a motor vehicle collision case, the Court awarded significant costs to the plaintiff, finding the defendant and third party acted unreasonably by prolonging litigation and disputing a reasonable settlement. The defendant’s insurer’s insistence on third-party contribution and the third party’s refusal to accept the settlement were key factors.
Justice J. Hooper
Ontario Federation of All Terrain Vehicle Clubs v. Ireland (2025 ONSC 2639)
A motion to set aside a default judgment in a defamation case was dismissed. The Court found the moving party intentionally ignored the process, failed to provide a reasonable explanation for non-attendance, and did not demonstrate a valid defence.
Justice C. MacLeod
Township of Greater Madawaska v. Desjardins (2025 ONSC 2624)
The Court dismissed a motion to bifurcate liability and damages in a Rule 76 proceeding, finding it would double trial time, prejudice the property owners, and fail to simplify or reduce costs in the litigation.
Justice J. Hooper
Nadeau v. 2125245 Ontario Inc. (2025 ONSC 2598)
In an estate dispute, the Court denied interim support to the deceased’s common-law spouse, finding her financial needs met until the hearing. However, the Court ordered her to pay occupation rent and utilities for residing rent-free in a property owned by a corporation, citing unjust enrichment.
Justice I. Carter
Samura v. Scott (2025 ONSC 2564)
In a personal injury case, the Court denied a motion to amend the claim to proceed under simplified procedure. The Court found the amendment would unfairly prejudice the defendant and constituted a tactical abuse of process, as the plaintiff pursued ordinary litigation for six years before seeking this change.
Justice C. MacLeod
Eid v. Attorney General of Canada (2025 ONSC 2555)
The Court struck the plaintiff’s claim, finding he lacked legal capacity to sue as the property belonged to a bankrupt corporation. The pleading’s deficiencies, including failure to name a Crown servant and expired limitation periods, were deemed irremediable. The action was dismissed with costs awarded to the defendant.
Justice S. Corthorn
Rothmar Holdings Inc. v. The City of Cornwall (2025 ONSC 2536)
The Court declined to award costs in building permit appeals, citing insufficient fact-finding, inability to assess relative success, and the inappropriateness of investigating merits solely for costs determination.
Justice S. Corthorn
Egan v. National Research Council of Canada (2025 ONSC 2533)
The Court adjourned a motion to amend a certification order to include punitive damages as a common issue, requiring the plaintiffs to first amend their pleadings to clarify the basis of their claim and allow the defendant an opportunity to respond.
Justice R. Smith
Miller Desjardins v. JF Lajoie Construction Inc. et al (2025 ONSC 2522)
A home inspector was found negligent and liable for misrepresentation after failing to report significant visible deficiencies in a property. The plaintiffs reasonably relied on the inspection report, leading to damages for repair costs. The court awarded $64,211.80 for foundation, roof, and window repairs.
Justice M. Flaherty Continue reading