Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Lacroix v. Plouffe (2026 ONSC 523)
A property ownership dispute was transferred to Family Court, as the issues of title and unjust enrichment arose from a conjugal relationship, falling under Family Court jurisdiction. The court outlined legal principles and evidence but made no findings of fact, reserving costs for the trial judge.
Justice A. Doyle

Children’s Aid Society of Ottawa v. J.A. et al (2026 ONSC 515)
In a child protection case involving Indigenous children, the Court dismissed the Society’s motion for foster care placement, finding the Mother had addressed safety concerns. The children were returned to her care under a supervision order, emphasizing cultural continuity, family bonds, and the children’s best interests.
Justice M. Smith

Civil Matters

RSR Road Surface Recycling v Bonnechere Excavating et al. (2026 ONSC 698)
In a construction lien dispute, the Court refused to dismiss the action for delay but required the plaintiff to post $190,000 as security for costs due to financial instability. The Court also addressed improper use of AI in legal submissions, reserving potential cost consequences.
Justice J. Hooper

Will Murray & Associates v. Nader Fakih (2026 ONSC 657)
In a dispute between a law firm and a former partner, the Court ordered the production of documents despite claims of solicitor-client privilege, finding the documents relevant and within the “circle of privilege,” with safeguards to protect client confidentiality.
Associate Justice I. Kamal

Gebremariam v. Menghesha (2026 ONSC 545)
The Court ruled that an electronic document can be validated as a will under Ontario’s Succession Law Reform Act if it meets the statutory requirements, rejecting the argument that such validation is prohibited by the interplay with the Electronic Commerce Act.
Justice S. Corthorn

The Ottawa Hospital v. Hôpitel Inc. (2026 ONSC 596)
The Court awarded substantial indemnity costs of $99,855 to the applicant, citing the respondent’s inconsistent positions and failure to engage in meaningful settlement discussions, which prolonged litigation unnecessarily.
Justice S. Corthorn

Huismans v. Huismans (2026 ONSC 462)
The Court upheld a consent order requiring a share sale between brothers in a family business dispute, rejecting attempts to alter terms to an asset sale. The Court authorized the sale of assets to third parties after one brother failed to exercise his purchase rights.
Justice S. Kershman Continue reading →

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Naboulsi v. Naboulsi (2026 ONSC 178)
The Court dismissed a request for an urgent motion to vary parenting orders, finding no immediate risk despite past mental health episodes. It emphasized avoiding stigma, recognizing stability, and supporting safety plans while discouraging self-help remedies and stereotyping in parenting disputes. Existing parenting arrangements remain in effect.
Associate Justice I. Kamal

Civil Matters

Desormeaux v. Oloko (2026 ONSC 162)
The Court granted leave to commence a derivative action, finding the applicant acted in good faith and met statutory requirements.
Justice R. Smith

Binio v Kotarak (2026 CanLII 2667)
The Court denied a request for a Certificate of Pending Litigation and a Preservation Order, finding damages sufficient to address the plaintiff’s claims. The Court emphasized the lack of evidence supporting the plaintiff’s financial contributions and the significant prejudice to the defendant if the certificate were granted.
Justice A. Kaufman

Cassan v. Giroux (2026 ONSC 330)
The Court awarded a dependant lump sum and annuity support from an estate, balancing her needs with the testator’s intentions. It also ruled one property was held in trust for a son and excluded from the estate, while another remained an estate asset.
Justice H. Williams

ApSimon v. Hategan (2026 ONSC 300)
The Court dismissed an anti-SLAPP motion, finding the plaintiff’s defamation claim had merit and the public interest in allowing the lawsuit outweighed protecting the defendant’s expressions about alleged misconduct in competitive sports. The decision emphasized reputational harm and the absence of evidence suggesting the lawsuit was intended to stifle public debate.
Justice S. Corthorn

In the Matter of the Bankruptcy of Mark David Dietrich (2026 ONSC 370)
The Court granted the bankrupt a discharge, finding no evidence of fraud or improper transactions. Creditor objections were dismissed due to procedural failures and lack of evidence. The discharge was subject to a 10-day suspension, reflecting section 173 facts under the Bankruptcy and Insolvency Act.
Associate Justice K. Perron

Volmar v. Van Schnydel et al. (2026 ONSC 251)
The Court dismissed a request for a partial summary judgment motion, citing risks of inconsistent findings, unresolved credibility issues, and inefficiency. The motion was deemed premature due to an incomplete evidentiary record, with the Court emphasizing that such motions should only proceed when they promote justice and efficiency.
Associate Justice I. Kamal

Hosseinlou v. University of Ottawa (2025 ONSC 7244)
The Court ordered a self-represented plaintiff to pay $42,700 as security for costs, finding insufficient Ontario assets and residency outside the province. The plaintiff failed to prove that such an order would be unjust.
Justice S. Corthorn Continue reading →

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Stever v. Lewis (2026 ONSC 37)
The Court dismissed a claim for unjust enrichment, finding no economic integration or shared financial intent during the parties’ relationship. Spousal and child support were adjusted based on imputed income, with indefinite spousal support awarded due to compensatory and needs-based principles.
Justice J. Audet

Pawar v. Pawar (2025 ONSC 7279)
In a high-conflict family law case, the Court ordered joint decision-making responsibility and a shared parenting schedule, rejecting abuse allegations against the father. The Court imputed incomes to both parties for child and spousal support calculations, awarded equalization payments, and addressed post-separation financial adjustments.
Justice T. Engelking

Placca v. Umugiraneza (2025 ONSC 7262)
In a parenting dispute, the Court ordered equal parenting time on a 2-2-3 schedule and joint decision-making, emphasizing the child’s best interests. Allegations of family violence were not substantiated, and police enforcement was denied. The Court mandated psychological support for the child and restricted travel without mutual consent.
Associate Justice I. Kamal

Civil Matters

Le Groupe Jean Coutu (PJC) Inc. v. Helene Lauzon Pharmacy Ltd. (2026 CanLII 218)
The Court dismissed the franchisor’s request for a mandatory injunction to enforce a franchise agreement, finding no strong prima facie case, no irreparable harm, and that the balance of convenience favoured the franchisee, who had rescinded the agreement and operated under a new banner for over a year.
Justice R. Smith

Mittal v. Department of National Defence (2025 ONSC 7256)
A civilian employee’s claims for workplace harassment, negligence, and malicious prosecution were struck. The Court ruled the harassment and negligence claims were barred by the Federal Public Sector Labour Relations Act, and the malicious prosecution claim lacked sufficient legal basis. The plaintiff was denied leave to amend.
Justice S. Corthorn

Raymond Exterior Veneers Inc v. Exterior Walls Systems Limited et al (2025 ONSC 7198)
In a commercial dispute, the Court retroactively extended the deadline for a late filing, emphasizing justice and merits over procedural non-compliance, while denying costs to either party.
Justice A. Doyle

Air Passenger Rights v. The Attorney General of Canada (2025 ONSC 7189)
The Court denied a motion for intervenor status, finding the proposed intervenor lacked a distinct perspective or substantial interest in the constitutional challenge to a confidentiality clause under the Canada Transportation Act. The motion was dismissed without costs.
Justice A. Doyle

Sanchez v. Sanchez-Guevara (2025 ONSC 7077)
The Court found a son liable for breaching fiduciary duties under a power of attorney by misappropriating $281,431.45 from his father’s accounts. The son was ordered to repay the funds, provide an accounting, and pay costs on a substantial indemnity basis.
Justice M. Smith
Continue reading →

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Chomba v. Bashitsi (2025 ONSC 6926)
The Court granted the mother primary residence and final decision-making authority for the children, citing stability, communication, and the father’s employment uncertainties. Parenting time was adjusted to reflect the children’s best interests, with gradual increases for the father as circumstances evolve. Costs were awarded to the mother.
Justice P. Roger

Robler v Menchini (2025 ONSC 6760)
A self-represented applicant’s urgent motion for child support was dismissed. The Court found insufficient evidence of dire financial circumstances and ruled that proceeding without notice was unwarranted.
Associate Justice I. Kamal

A.B. v. F.J.S. (2025 ONSC 6741)
In a high-conflict parenting dispute, the Court awarded sole decision-making responsibility and primary parenting time to the mother, citing the father’s abusive and controlling behaviour, refusal to comply with court orders, and actions contrary to the children’s best interests. Financial and property issues were also resolved, including unequal division of certain debts.
Justice M. Smith

Dr. Vhari James v. S.DS. (2025 ONSC 6732)
The Court granted a secure treatment order for a child with severe mental health disorders, finding all statutory criteria met, including the necessity of secure treatment to prevent self-harm and the lack of less restrictive alternatives. The child will be committed to a secure treatment program for 180 days.
Justice M. Smith

Civil Matters

Marti Lantaigne et al. v. Whitten & Lublin Professional Corporation et al (2025 ONSC 6981)
In a procedural dispute, the Court set aside default notations against defendants and prohibited plaintiffs from pursuing default judgments until motions to strike are resolved, emphasizing fairness, procedural integrity, and the need to address jurisdictional issues.
Associate Justice I. Kamal

Spiegelman v. Avantia et al (2025 ONSC 6970)
In a wrongful dismissal case, the Court ruled that mediation should proceed by videoconference, absent compelling evidence favoring in-person attendance. The decision emphasized efficiency under simplified procedure rules and discouraged unnecessary motions when case conferences suffice.
Justice C. MacLeod

Buis v. Keurig Canada Inc. (2025 ONSC 6875)
The Court approved a national class action settlement regarding misleading claims that coffee pods were recyclable. The settlement provides nominal compensation to class members, reflecting the limited damages, and includes a fund for unclaimed amounts to be donated to charity. The settlement was deemed fair, reasonable, and in the class’s best interests.
Justice C. MacLeod

Wilson v. Borden Ladner Gervais LLP (2025 ONSC 6863)
endorsement — bias — costs — strike — appearance
Justice A. London-Weinstein

Sebanc Estate (Re) (2025 ONSC 6894)
The Court dismissed applications for dependant’s relief and estate trustee removal, finding the estate insolvent and the trustee’s actions reasonable.
Justice O. Rees

equest Office Services Inc. v. Mullai (2025 ONSC 6862)
In a procedural dispute, the Court ruled that examinations for discovery should proceed despite unresolved production issues, emphasizing efficiency and the potential to resolve disputes during discovery. The Court vacated a scheduled motion and established a timetable for next steps, ensuring a smooth transition of the case to a new jurisdiction.
Associate Justice K. Perron

Meehan et al v. Good et al (2025 ONSC 6730)
In a solicitor’s negligence case, the Court ordered costs of $262,500 against the estate and a party under disability, finding the litigation guardian acted responsibly and should not bear personal liability. The decision emphasized the policy of encouraging individuals to act as litigation guardians while holding parties accountable for litigation risks.
Justice A. Kaufman Continue reading →

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

M.K. v. K.A. (2025 ONSC 6294)
The Court granted sole decision-making responsibility and primary residence to the mother, set parenting time for the father, and ordered retroactive and ongoing child support based on imputed and declared income, prioritizing the child’s best interests.
Justice O. Rees

Civil Matters

Melcher v. Melcher (2025 ONSC 6567)
The Court ordered a capacity assessment under the Substitute Decisions Act, finding reasonable grounds to question an elderly respondent’s cognitive capacity and vulnerability to exploitation, despite prior assessments and objections. The assessment will address her ability to manage personal and financial affairs, execute legal documents, and instruct counsel.
Justice N. Somji

McGrath v. Effinger et al (2025 ONSC 6439)
A claim for passing of accounts and restitution was dismissed as statute-barred and unsupported by evidence of a fiduciary relationship. The court found the respondents acted as friends, not trustees, and the applicant failed to prove misappropriation or incapacity of the grantor.
Justice N. Somji

Capital Excavating Corp v. Sandlot Capital Inc. et al. (2025 ONSC 6424)
The Court awarded costs against a solicitor who failed to investigate a clearly unfounded construction lien, breaching their gatekeeping duty under the Construction Act. The solicitor’s wilful blindness to red flags, including unsupported claims for extras, led to joint and several liability for the defendants’ costs.
Justice A. Kaufman

Stevens v. City of Ottawa et al. (2025 ONSC 6335)
The Court approved settlements for two minor plaintiffs injured in a bus collision, finding the amounts reasonable and in their best interests. Structured settlements were also approved to manage the funds, ensuring guaranteed payments over time without financial prejudice to the minors.
Justice S. Corthorn

City of Ottawa v. Rideau Transit Group General Partnership (2025 ONSC 6396)
In a construction contract dispute, the Court ordered the defendant to produce extensive internal and board-level documents, finding them relevant and proportionate under discovery rules, despite objections about burden and confidentiality. The ruling emphasizes broad disclosure obligations in high-stakes litigation involving significant damages.
Associate Justice K. Perron

Clayton et al v. Mckendry et al (2025 ONSC 6186)
The Court declined to strike a defendant’s pleadings despite non-compliance with prior orders, citing proportionality and prompt remedial actions. Instead, it extended compliance deadlines, ordered costs against the defendant, and directed the case to proceed on its merits with a timetable for further steps.
Associate Justice M. Fortier Continue reading →

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Abdul-Ridha v. Kandil (2025 ONSC 6228)
In a family law costs decision, the Court awarded $32,000 plus HST to the successful party, adjusting for the opposing party’s unreasonable conduct and reducing excessive hourly rates claimed by Toronto-based counsel to align with Ottawa standards. Claims for family violence damages were dismissed as procedurally inappropriate.
Justice M. Labrosse

Civil Matters

Clark v. Cen-Ta Real Estate Ltd et al (2025 ONSC 6225)
The Court granted leave for a derivative action against directors for alleged fiduciary breaches but reserved costs to the trial judge, citing overlapping claims with an existing oppression action and fairness considerations.
Justice A. Doyle

Caivan (Fox Run) Limited v. Gangwal et al (2025 ONSC 6163)
In a contract dispute over a failed property purchase, the Court awarded $10,000 in costs to the successful plaintiff but reduced the amount due to the plaintiff’s unreasonable conduct in misinterpreting a contractual amendment, which contributed to the litigation.
Justice A. Doyle

Hastings Condominium Corporation No. 4 v. Boyce (2025 ONSC 6159)
The Court ruled that a condominium owner breached statutory and governing obligations by refusing yard maintenance access, obstructing common element repairs, and engaging in harassing conduct. Declaratory and injunctive relief was granted, including access orders and prohibitions on further harassment, with compensatory relief adjourned for further submissions.
Justice S. Corthorn

Pascuet v. Sky Service (2025 ONSC 6143)
A wrongful dismissal claim was dismissed on summary judgment as it was filed after the two-year limitation period expired. The Court found the plaintiff knew or ought to have known of the termination and the appropriateness of legal action on the termination date, rejecting arguments of discoverability or novel circumstances.
Associate Justice I. Kamal

Litvin et al v. Mackenzie Financial Corporation et al (2025 ONSC 6138)
The Court certified a national class action for a data breach involving personal information, finding sufficient common issues and procedural suitability, while deferring decisions on overlapping provincial proceedings and specific statutory remedies.
Justice C. MacLeod

Criminal Matters

R. v. Jones (2025 ONSC 6158)
The Court dismissed an appeal challenging impaired driving convictions, finding no reasonable expectation of privacy in an ambulance and no Charter breaches. The officer’s actions were deemed reasonable, prioritizing medical care over immediate arrest, and the evidence was properly admitted. The convictions were upheld.
Justice K. McVey

R. v. Meredith (2025 ONSC 6054)
The Court acquitted the accused of sexual assault and criminal harassment charges, finding the complainant’s evidence unreliable and contradicted, while the accused’s testimony raised reasonable doubt under the W.D. framework.
Justice N. Somji Continue reading →

Find below recently published Ottawa decisions, available for free through CanLII.org.

Civil Matters

Sabarros v. Morell (2025 ONSC 6122)
A request to summarily dismiss a dependant’s relief claim was denied. The Court found the claim raised arguable issues under the Succession Law Reform Act, requiring further consideration rather than dismissal as frivolous or abusive.
Associate Justice I. Kamal

Chijindu v. Law Society of Ontario (2025 ONSC 6046)
The Court dismissed an application under Rule 2.1.01, finding it frivolous, vexatious, and an abuse of process due to repeated attempts to relitigate issues already decided, undermining judicial economy and finality.
Associate Justice I. Kamal

Clark v. Cen-Ta Real Estate Ltd et al (2025 ONSC 5759)
The Court granted leave for a shareholder to pursue a derivative action against directors for alleged self-dealing and excessive compensation, finding the applicant acted in good faith and the action was in the companies’ best interests despite overlapping oppression claims.
Justice A. Doyle

Recoskie v. Vandenheuvel et al. (2025 ONSC 5856)
In a motor vehicle collision case, the Court found no liability for the second driver, as the evidence failed to establish contributory negligence or excessive speed. The burden of proof on the insurer to show even 1% liability was not met, resulting in dismissal of the claim.
Justice J. Hooper

Caivan (Fox Run) Limited v. Gangwal et al (2025 ONSC 5604)
The Court ruled that a seller’s temporary refusal to allow MLS listing did not constitute a fundamental breach or repudiation of a real estate agreement. The buyers were not justified in terminating the contract and were held liable for damages of $106,012.93.
Justice A. Doyle

Diamond v. His Majesty the King in Right of Ontario (2025 ONSC 5831)
The Court dismissed claims of false arrest and negligent investigation, finding reasonable grounds for arrest and that a Peace Bond resolution barred the plaintiff from asserting the criminal proceedings terminated in her favour.
Justice C. Hackland

Leduc et al. V. Ottawa-Carleton Standard Condominium Corporation No. 758 et al. (2025 ONSC 5830)
The Court denied requests to appoint an administrator and inspector for a condominium corporation, finding no substantial mismanagement or misconduct. The board’s inability to meet was attributed to the applicant’s own actions, and the appointment of an administrator was deemed unnecessary as a last resort.
Justice M. Flaherty

Morrison v Reliance Home Comfort (2025 CanLII 110495)
A furnace repair service was found to have engaged in an unfair practice under consumer protection laws due to misleading advertising about stocked parts. However, the Court awarded no damages as the plaintiff failed to prove compensatory or pecuniary losses resulting from the unfair practice.
Deputy Judge J. Arrigo

Criminal Matters

R. v. Singh (2025 ONSC 4875)
The Court sentenced two offenders to concurrent conditional sentences of two years less a day for defrauding students through substandard truck driver training and falsified certifications. The sentences included house arrest, community service, and ancillary orders, emphasizing denunciation, deterrence, and proportionality while considering mitigating factors and parity with co-accused.
Justice P. Roger

R. v. Xin (2025 ONSC 5832)
The Court dismissed the Crown’s appeal, finding no legal errors in the trial judge’s assessment of uttering threats or evidence of bias. The trial judge’s questioning of the complainant and comments on potential resolution were deemed appropriate given the self-represented accused’s circumstances.
Justice A. London-Weinstein Continue reading →

Find below recently published Ottawa decisions, available for free through CanLII.org.

Civil Matters

The Roman Catholic Episcopal Corporation v. Aviva Insurance Company (2025 ONSC 5755)
The Court dismissed a motion to quash a summons for an insurance adjuster’s examination, finding the evidence relevant to determining the proportionality and basis of document production requests in a historic liability coverage dispute. The examination was deemed necessary to resolve inconsistencies and enhance the record for the underlying motion.
Associate Justice I. Kamal

Defazio v Roy (2025 CanLII 101445)
A dispute over a home sale examined claims of breach of contract and misrepresentation. The Court awarded damages for misrepresented features, including blinds, garage doors, pool repairs, and a saltwater system, while rejecting claims for other chattels and latent defects under the principle of caveat emptor. Judgment: $10,819.89.
Deputy Judge J. Arrigo

Criminal Matters

R. v. Zagorski (2025 ONSC 5792)
The Court allowed an appeal, finding the trial judge’s frequent interjections and investigatory questioning created a reasonable apprehension of bias. A new trial was ordered to ensure fairness, with other issues, including Charter analysis, left for determination in the subsequent proceedings.
Justice A. London-Weinstein

R. v. Barber (2025 ONCJ 526)
The Court sentenced two protest leaders to conditional sentences for mischief and counselling offences, emphasizing denunciation, deterrence, and proportionality while considering mitigating factors like non-violence, cooperation, and collateral consequences.
Justice H. Perkins Mc-Vey

Divisional Court Decisions of Local Interest

City of Ottawa v Minto Communities Inc. (2025 ONSC 5764)
The Court granted leave to appeal a tribunal decision, citing administrative delay. An expedited hearing was ordered, with costs awarded at $25,000. Parties must submit an agreed schedule or attend a case management conference to ensure timely proceedings.
Justices S. Stevenson, D.L. Corbett, and G. Mew

Bala v. Vanrivong (2025 ONSC 5800)
The Court dismissed an appeal of a defamation claim, finding that workplace disputes involving federal employees fall under the exclusive jurisdiction of the grievance process outlined in the Federal Public Sector Labour Relations Act. Fresh evidence was also rejected as irrelevant or inadmissible.
Justice M. Smith

Ottawa (City) v. 154775 Canada Inc. (2025 ONSC 5709)
inclusive — writing — ordered — motion — leave
Justices H. Sachs, J. Sproat, and R. Lococo

Court of Appeal Decisions of Local Interest

KMH Lawyers v. Kasanda (2025 ONCA 694)
The Court upheld the finding of a solicitor-client relationship based on factual indicia, despite the absence of a written retainer, and dismissed the appeal. The appellants failed to demonstrate an error in the motion judge’s application of the test or her conclusion that the “heavy onus” was met.
Justices C.W. Hourigan, L. Sossin, and R. Pomerance

R. v. R.L. (2025 ONCA 691)
The Court dismissed the Crown’s appeal, finding the trial judge’s reasons for acquittal sufficient to permit meaningful appellate review. The trial judge properly applied the reasonable doubt standard, explaining her decision based on conflicting evidence and the incomplete record, despite the brevity of her oral reasons.
Justices J. Copeland, P. Monahan, and L. Madsen