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

Family Matters

Oleinikova v. Al-Karmi (2025 ONSC 5363)
The Court ruled that the parties separated on October 5, 2022, based on evidence of irreparable marital breakdown, rejecting the husband’s claim of an earlier separation date. The decision impacts the valuation date for equalization of property under the Family Law Act.
Justice J. Audet

Ahmed v. Kauser (2025 ONSC 5303)
The Court ruled that one child’s habitual residence was Ottawa and the other’s was Mississauga. To avoid duplicative proceedings, the Court stayed the Ottawa application in favour of the earlier Brampton proceeding, noting safeguards against the risk of international child removal.
Justice A. Kaufman

Civil Matters

Morin Bros. Building Supplies Inc. v. Bond Group Ottawa 2018 Inc. et al (2025 ONSC 5561)
The Court granted summary judgment, finding the defendants liable for breach of contract and statutory trust obligations under the Construction Act. The plaintiff was entitled to damages, including interest, but was not permitted to reallocate payments contrary to the defendants’ instructions. Directors were held personally liable for trust breaches.
Justice O. Rees

AGC v. Blackett (2025 ONSC 5523)
The Court dismissed a motion for summary judgment, finding that procedural unfairness in revoking escorted temporary absences may raise a reasonable apprehension of bias and a deprivation of residual liberty, warranting further review.
Justice A. London-Weinstein

Tella v. A.B. (2025 ONSC 5488)
In a defamation case dismissed under anti-SLAPP provisions, the Court awarded the Defendant $60,795.56 in costs, emphasizing the statutory presumption of full indemnity costs and proportionality, while reducing the amount due to the Defendant’s partial success and unnecessary evidentiary submissions.
Justice I. Carter

8750297 Canada Inc. v. Ambassador Realty Inc (2025 ONSC 5479)
The Court granted relief from forfeiture, finding the tenant’s failure to provide timely written notice to renew a commercial lease was due to illness, inadvertence, and reasonable reliance on past practices. The tenant demonstrated good faith, significant investment in the premises, and prompt action upon realizing the oversight.
Justice A. Doyle

Zuccarini et al. v. Zuccarini et al. (2025 ONSC 5480)
In a contentious estate dispute, the Court appointed a neutral litigation administrator to represent the estate, rejecting a conflicted party’s proposal. The administrator’s fees will be paid by the estate or related corporations, with adjustments possible if assets are insufficient.
Justice M. Smith

Dalios et al v. Price et al (2025 ONSC 5469)
In a buy-sell dispute between shareholders of a dental practice, the Court refused to fix the practice’s value or reduce the purchase price for one party, emphasizing the parties’ agreed terms and equitable principles.
Justice M. Labrosse

St. Denis v. Intact Insurance (2025 ONSC 5416)
The Court denied a motion for summary judgment, finding that some claims against the insurer fell outside the scope of releases and limitations clauses. The case involves allegations of insufficient insurance coverage and contractor negligence, which require resolution at trial. Partial summary judgment was deemed inappropriate for efficiency and cost reasons.
Justice I. Carter Continue reading →

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

Family Matters

Rondeau c. Bahun (2025 ONCS 5179)
Le Tribunal a confirmé que l’enfant doit fréquenter l’école choisie par le père, conformément à une ordonnance antérieure, et a ordonné l’intervention du Bureau de l’Avocat des Enfants pour évaluer les souhaits de l’enfant dans ce contexte de conflit parental.
Juge A. Doyle

Civil Matters

4291425 Canada Inc. v. Scot-Smith et al (2025 ONSC 5236)
The Court discharged a certificate of pending litigation due to the plaintiff’s failure to provide full and frank disclosure when obtaining it ex parte. Despite the defendant’s delay in challenging the certificate, the Court emphasized the plaintiff’s heightened duty of candour and lack of diligence in prosecuting the case.
Justice A. Kaufman

Maracle (Re) (2025 ONSC 5186)
In a bankruptcy dispute, the Court declined to order security for costs but required the moving party to pay over $40,000 in outstanding costs to proceed with their motion. Failure to comply by the deadline will result in automatic dismissal of the motion.
Justice G. Mew

Issa v. Aiello (2025 ONSC 5173)
In a will challenge, the Court awarded substantial indemnity costs against the applicant for unfounded allegations of fraud and undue influence, finding her conduct reprehensible. The respondent’s costs were reduced to $55,000, excluding unsupported claims for additional amounts.
Justice R. Ryan Bell

Doe v. Marinescu (2025 ONSC 5161)
The Court awarded $43,821 in partial indemnity costs to the successful plaintiff after granting default judgment in a privacy breach case. The defendant was found entirely at fault, and the costs were deemed reasonable given the litigation’s scope and the defendant’s obstructionist conduct.
Justice A. London-Weinstein

Criminal Matters

R. v. MacDonald (2025 ONSC 4716)
The Court sentenced the Accused to 10 years for terrorism offences, ruling the Kienapple principle inapplicable due to distinct legal and societal interests protected by the offences.
Justice R. Smith

Court of Appeal Decisions of Local Interest

Lavallée c. Desormeaux (2025 ONCA 646)
En appel, la Cour confirme la validité d’une clause testamentaire permettant à une fille d’acheter la maison familiale pour le solde hypothécaire, même si celui-ci est nul. La Cour conclut que la juge de première instance a correctement interprété l’intention du testateur et appliqué les principes juridiques pertinents.
Les juges J. Thorburn, J. Copeland, et S. Gomery

Happy c. Narouz (2025 ONCA 634)
La Cour a confirmé le jugement sommaire ordonnant l’égalisation des biens familiaux et rejetant les demandes de pension alimentaire et de partage inégal, faute de preuve suffisante. L’appel a été rejeté, l’appelant n’ayant pas démontré d’erreur judiciaire ni fourni les documents requis malgré plusieurs ordonnances.
Les juges J. Thorburn, J. Copeland, et S. Gomery

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

Family Matters

El Sherif v. Bakr (2025 ONSC 4989)
This family law case addressed income imputation, spousal and child support, equalization, and post-separation adjustments. The Court imputed incomes to both parties, ordered spousal and child support based on proportional contributions, determined an equalization payment, and directed the sale of the matrimonial home if no buyout agreement is reached.
Justice T. Engelking

Singh v. Kaur (2025 ONSC 4880)
In a parenting motion with divided success, the Court found neither party’s conduct justified a costs award. Both parties bore their own costs due to unreasonable positions, unilateral actions, and family conflict impacting the child’s best interests.
Associate Justice I. Kamal

Roy v. Legault (2025 ONSC 4844)
Le Tribunal ordonne que les enfants continuent de fréquenter leur école actuelle à Ottawa, jugeant que la stabilité et la continuité scolaire servent leur intérêt supérieur, malgré l’opposition d’un parent et des propositions alternatives.
Juge A. Kaufman

Civil Matters

Konstantonis v. Topping (2025 ONSC 4645)
The Court granted default judgment for $250,000 plus costs against a defendant who failed to respond in a motor vehicle accident case.
Justice A. London-Weinstein

Criminal Matters

R. v. Hambleton (2025 ONSC 5061)
In a summary conviction appeal, the Court clarified that acquittals from a trial found to involve bias are not void if they were not appealed, no bias was alleged against the Crown, and the issue was not raised during the appeal. Only convictions were set aside for retrial.
Justice I. Carter

R. v. Manon Rail (2025 ONSC 4945)
The Court granted a conditional discharge to a first-time offender who unlawfully entered an elderly couple’s home, citing her remorse, pro-social history, and low risk of reoffending. The sentence included probation, community service, and restitution, balancing denunciation and deterrence with rehabilitation and public interest.
Justice A. Doyle

R. v. Jodoin (2025 ONSC 4970)
The Court sentenced the Accused to time served (16 months) and probation for arson-related offences, considering her mental health, addiction issues, and mitigating factors, while emphasizing public safety, deterrence, and rehabilitation.
Justice A. London-Weinstein

R v. T.F. (2025 ONSC 4884)
The Court ruled that a constitutional challenge to section 172.1 of the Criminal Code should be heard after the trial concludes, emphasizing the need to avoid fragmented proceedings and ensure a proper factual foundation for Charter analysis. The application to hear the challenge before trial was dismissed.
Justice A. London-Weinstein

Divisional Court Decisions from Ottawa Judges

Morgenthau v. Toronto Metropolitan University (2025 ONSC 4870)
The Panel declined to hear a judicial review application challenging a university’s decision not to discipline students for signing a controversial letter, citing the availability of alternative remedies and the university’s autonomy in resolving community conflicts. Judicial review was deemed inappropriate in this context.
Justice K. Jensen

Court of Appeal Decisions of Local Interest

Lagana v. 2324965 Ontario Inc. (2025 ONCA 607)
The Court upheld that shareholder demands for audited financial statements under corporate law are subject to the two-year limitation period under the Limitations Act, 2002, as such demands constitute claims to remedy a breach of statutory rights. The appeal was dismissed, affirming the Divisional Court’s decision.
Justices L. Roberts, B. Miller, and R. Pomerance

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

Family Matters

Deschamps v. Deschamps (2025 ONSC 4737)
The Court granted sole decision-making responsibility and primary residence of two children to their mother, citing the father’s history of violence, emotional dysregulation, and inability to prioritize the children’s best interests. The father was granted unsupervised parenting time, with conditions to ensure stability and minimize conflict.
Justice J. Audet

Amaral v. White (2025 ONSC 4636)
In a family law dispute, the Court awarded partial costs of $18,500 to the Applicant, reflecting their majority success but accounting for divided outcomes and unresolved time allocation in legal fees.
Justice I. Carter

Civil Matters

Robert R. Ng. v. Hao Ji Tang, formerly known as Joseph Hokai Tang (2025 ONSC 4740)
The Court allowed the issuance of an alias writ of seizure and garnishment against a debtor using multiple aliases to evade enforcement of a decade-old judgment, citing the interests of justice and the debtor’s fraudulent conduct.
Associate Justice I. Kamal

Eaman v. Banford (2025 ONSC 4712)
The Court denied an application to appoint a daughter as estate trustee, finding her motives conflicted with the estate’s interests and revisiting a settled matter would constitute an abuse of process.
Justice C. Hackland

Moghadam v. Moghadam (2025 ONSC 4695)
The Court upheld the validity of a trust and will but removed the trustee due to a conflict of interest. The trustee retained her role as Estate Trustee and director of the family business but was replaced as trustee of the trust shares.
Justice C. MacLeod

Royal Bank of Canada v. Regis Ainbinder (2025 ONSC 4681)
The Court emphasized that notices demanding possession must include judgment particulars to ensure clarity and compliance with procedural rules.
Associate Justice K. Perron

Butt et al. v. The Estate of Robert John Kelly et al. (2025 ONSC 4646)
The Court ordered the production of a solicitor’s records under the wills exception to solicitor-client privilege, finding the documents relevant to determining the deceased’s intentions and susceptibility to undue influence in estate planning. The solicitor was also permitted to be examined regarding the legal services provided.
Justice M. Smith

Bolan v. Avilisatos et. al. (2025 ONSC 4700)
In a construction dispute, the Court found the defendants liable for defective work and awarded the plaintiff damages after the defendants failed to appear at trial, abandoning their defence. The plaintiff was entitled to a refund, demolition costs, and damages for inconvenience, with costs awarded jointly and severally.
Justice C. MacLeod

Smith v. Nagy (2025 ONSC 4629)
A defamation case involving allegations of abuse and sexual assault in a public Facebook post. The Court found some statements defamatory, awarded $40,000 in damages, and ordered their removal, while others were deemed truthful or fair comment. Claims of sexual assault and counterclaims for defamation and sexual battery were dismissed.
Justice M. Labrosse Continue reading →

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

Family Matters

Allvey-Greiss v. Greiss (2025 ONSC 4438)
In a family law dispute, the Court imposed a $10,000 penalty on the father for repeated, chronic failures to comply with financial disclosure orders, emphasizing the importance of timely and complete disclosure. Parenting and respite care issues were adjourned pending an assessment of the adult child’s capacity.
Justice M. Smith

Bonaparte v. Opthof (2025 ONSC 4435)
In a family law case, the Court allowed limited pre-trial questioning of a psychiatrist whose report was central to parenting issues. The Court found the questioning necessary to ensure fairness, clarify evidence, and narrow issues, as the information sought was not otherwise accessible and would not cause undue delay or expense.
Associate Justice I. Kamal

Civil Matters

Yasin v. Ottawa Community Housing Corporation, et. al. (2025 ONSC 4586)
In a personal injury case, the Court upheld the plaintiff’s pleadings, finding allegations of systemic failures and foreseeability relevant to the landlord’s duty of care. The defendants were ordered to provide better affidavits of documents after collaborative discovery planning, emphasizing proportionality and cooperation under the Rules.
Justice C. MacLeod

Salem et al. V. Ried (2025 ONSC 4554)
The Court ordered costs against a plaintiff for failing to attend a pre-trial conference, causing trial adjournment. Immediate costs of $1,000 were awarded to each opposing party, with additional costs for wasted trial preparation deferred until case resolution.
Justice M. Smith

V2 Investment Holdings Inc. v. Sam Mizrahi (2025 ONSC 4549)
In a loan enforcement case involving a $14 million debt, the Court awarded the lender $108,000 in substantial indemnity costs, finding the loan agreement’s cost recovery provision sufficiently clear and the requested amount reasonable given the case’s complexity and parties’ sophistication.
Justice C. Hackland

Spinney v. Fowlie (2025 ONSC 4547)
The Court awarded partial indemnity costs to the applicants after setting aside an arbitration award due to procedural unfairness. The respondent’s active opposition to the application justified the costs order, while the other respondent, who did not oppose the relief, was not liable for costs.
Justice C. Hackland

Croskery v. Pomeroy (2025 ONSC 4528)
A motion for a writ of possession was adjourned as the Court found insufficient evidence to determine whether the Residential Tenancies Act applied. The Court emphasized the need for clarity on living arrangements and tenant relationships, requiring notice to affected parties and further submissions before making a decision.
Associate Justice I. Kamal

Higgins v. Labadie (2025 ONSC 4464)
The Court adjourned a motion to approve a settlement for minor plaintiffs, citing insufficient evidence to assess its reasonableness and clarity on key issues, including quantum, solicitor-client fees, and procedural compliance. The plaintiffs must provide additional materials to address these deficiencies before the motion can proceed.
Justice S. Corthorn

Merkley v. St. Lawrence College of Applied Arts and Technology (2025 ONSC 4368)
This personal injury case examined whether the defendants breached their duty of care under the Occupiers’ Liability Act. The Court found the defendants liable, citing improper winter maintenance practices, including the ineffective use of salt in extreme cold, which failed to prevent the plaintiff’s slip and fall.
Justice C. Hackland Continue reading →

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

Family Matters

Chyher v. Al Jaboury (2025 ONSC 4252)
In a parenting trial, the Court ordered the Respondent to pay $60,000 in costs due to unreasonable and harmful conduct, including alienation and bad faith actions, despite his partial success. The Court emphasized proportionality, settlement offers, and the Respondent’s detrimental behavior toward the children and the Applicant.
Justice T. Engelking

Singh v. Kaur (2025 ONSC 4122)
The Court ordered interim parenting time for the father while addressing family violence allegations involving extended family. The decision emphasized the child’s best interests, including stability, cultural considerations, and the impact of family dynamics, rejecting a 50/50 parenting schedule due to concerns about extended family members’ conduct.
Associate Justice I. Kamal

Civil Matters

Overtveld and Gi-Las Management v. Joy Overtveld et al. (2025 ONSC 295)
The Court held a lawyer personally liable for costs after he initiated unauthorized, baseless litigation to avoid case management. His conduct, including failing to substantiate his retainer and disregarding procedural obligations, warranted substantial indemnity costs under Rules 15.02 and 57.07.
Justice M. Labrosse

Place Laurier Ltd. v. The Manufacturers life Insurance Company (2025 ONSC 4172)
The Court dismissed an appeal of an arbitration award, finding no legal errors in the arbitrator’s determination of land value. Leave to appeal was granted on some issues, but the arbitrator’s reasoning and application of legal principles were upheld.
Justice K. Jensen

Mitel Networks Corporation v. Division Integral de Telefonia S.A. DE CV (2025 ONSC 4142)
The Court granted default judgment against a distributor for breaching a distribution agreement and failing to pay $1,174,966.98 USD. The plaintiff was awarded damages, interest, and costs after extensive efforts to serve the claim under the Hague Service Convention.
Justice A. London-Weinstein

Rossetti v. Rossetti et al. (2025 CanLII 66313)
A family property dispute was resolved with a vesting order granting two co-owners equal ownership. Procedural hurdles, including unrepresented estates and an unlocatable trustee, were addressed. The court found the vesting order equitable, given the lack of opposition and the co-owners’ financial contributions to property taxes.
Justice S. Corthorn

Chekhovtsova v. Mutschler, et al. (2025 ONSC 4077)
A motion to set aside a dismissal for delay was denied. The Court found no satisfactory explanation for the seven-year delay, no evidence of intent to prosecute within time limits, and significant prejudice to the defendant due to lost evidence and witness unavailability.
Associate Justice I. Kamal

Issa v. Aiello (2025 ONSC 4055)
The Court upheld the validity of a 2016 will, finding it was duly executed and supported by uncontroverted evidence. Allegations of undue influence, lack of testamentary capacity, and improper execution were dismissed as unsupported by evidence, and the applicant’s claims were rejected in their entirety.
Justice R. Ryan Bell Continue reading →

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

Family Matters

Ehdego v. Puni (2025 ONSC 3962)
In a family law dispute, the Court denied a mother’s request to relocate with her child to British Columbia, citing insufficient evidence of compelling circumstances and prioritizing the child’s best interests. The Court ordered a shared parenting schedule and imputed income for child support calculations.
Justice V. Naik

Civil Matters

Buffa v. Giacomelli (2025 ONSC 4024)
The Court found that a mother’s inter vivos gifts to her daughter were valid, as the daughter rebutted the presumption of resulting trust by proving the mother’s clear intention to gift. The son’s claims of undue influence and unconscionable procurement were dismissed due to insufficient evidence.
Justice M. Smith

Nagy et al. v. Guay (2025 ONSC 3935)
The Court dismissed a claim alleging a neighbour’s curb wall caused a water-related nuisance, finding no substantial or unreasonable interference.
Justice A. Doyle

Locke v. Ottawa Police Services et al. (2025 ONSC 3745)
The Court dismissed a motion to strike a claim alleging police misfeasance in public office, finding the claim not statute-barred under the Limitations Act and sufficiently distinct from a prior dismissed action. The plaintiff’s allegations of deliberate misconduct and harm met the threshold for a reasonable cause of action.
Justice A. Doyle

Bell v. Bisaillon (2025 ONSC 3965)
The Court found the seller waived a solicitor review condition and acted in bad faith by refusing to close a real estate transaction. Specific performance was granted as the property was deemed unique, and damages were inadequate.
Justice R. Ryan Bell

Zuccarini v. Zuccarini (2025 ONSC 3925)
In a dispute involving an estate and corporate defendants, the Court ordered all defendants to retain separate legal representation. The Court declined to impose a deadline for retaining counsel, emphasizing that the terms of the order must reflect the original ruling without adding unenforceable provisions.
Justice S. Corthorn

Debela v. Ives (2025 ONSC 3992)
A personal injury action was reinstated after being administratively dismissed for delay. The Court found the delays were attributable to counsel, not the plaintiff, and no prejudice to the defendant was demonstrated. The Court emphasized the preference for resolving cases on their merits over procedural dismissals.
Associate Justice K. Perron

Hennebury v. Makita Canada Inc. (2025 ONSC 3850)
The Court granted summary judgment, finding a product liability claim barred by the 15-year ultimate limitation period under the Limitations Act. The alleged defect in a power tool did not constitute a continuing act or omission, and no exceptions to the limitation period applied.
Justice A. London-Weinstein

Tella v. A.B. (2025 ONSC 3835)
A defamation lawsuit was dismissed under anti-SLAPP legislation as most statements related to public interest and were protected by absolute privilege. The Court allowed anonymity for the defendant but declined to seal the court record. The plaintiff may pursue a new action for limited statements not engaging public interest.
Justice I. Carter Continue reading →

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

Family Matters

Zychla v. Chuhaniuk (2025 ONSC 3594)
The Court determined that an Associate Justice lacks jurisdiction to order a Voice of the Child report under the Children’s Law Reform Act. The motion was referred to a judge for written determination, with parties allowed to submit supplementary evidence addressing evidentiary deficiencies.
Associate Justice I. Kamal

Joseph Nzambayulu Mboma c. Marie Mbwamuyolo (2025 ONCS 3548)
Le Tribunal a annulé un mariage, concluant que l’une des parties était déjà mariée en République démocratique du Congo et n’avait jamais divorcé. La date de séparation a été fixée au 1er avril 2018.
Juge B. Holowka

Civil Matters

Bigabo Mugunda v. Miller-Richard et al. (2025 ONSC 3836)
The Court denied substituted service through an insurer, finding insufficient evidence of impracticality and likelihood of notifying the defendant. Time for service was extended, and leave to amend the Statement of Claim was granted, as no prejudice to the defendants was established.
Associate Justice I. Kamal

Dunlap v. Williams (2025 ONSC 3708)
The Court granted a charging order for unpaid disbursements in a personal injury case but dismissed claims for other fees as statute-barred due to expired limitation periods. Interest was awarded at 3% annually, rejecting the higher rate sought by the applicants. No costs were awarded.
Justice S. Corthorn

Lesser v. Meta Platforms Inc. et. al (2025 ONSC 3778)
The Court granted a motion requiring an internet service provider to disclose subscriber information linked to an IP address. The Court determined the request met the criteria under Rule 30.10, as the information was relevant, necessary, and its absence would unfairly hinder the plaintiff’s case.
Associate Justice I. Kamal

Kakkar v. Her Majesty the Queen in Right of Ontario (2025 ONSC 3776)
A proposed class action was dismissed due to the plaintiff’s six-and-a-half-year delay in advancing the case, failing to meet court-ordered deadlines, and not filing required materials. The court found the delay contrary to the purpose of expeditious class proceedings and dismissed the claim under Section 29.1 of the Class Proceedings Act.
Justice R. Smith

Abada v. University of Ottawa (2025 ONSC 2702)
The Court dismissed a former PhD student’s claims of negligence, breach of contract, and tortious conduct against his supervisor, a university, and an assistant, finding the issues were academic in nature and previously resolved through internal university processes. The plaintiff failed to prove damages or intentional misconduct by the defendants.
Justice R. Smith

E. Automotive Inc. v. Autocorp. AI. Inc. (2025 ONSC 3629)
A shareholder’s claim of oppression due to share dilution below one-third was dismissed. The Court found no evidence of a reasonably held expectation against such dilution, emphasizing that statutory voting rights were not violated. The transaction, aimed at preventing insolvency, was deemed a valid business decision.
Justice I. Carter

Laughren v. Grant (2025 ONSC 3720)
In a Family Law Act claim, the Court ordered the plaintiff’s mother, a non-party, to produce financial and abuse-related documents, finding them relevant and necessary for assessing damages. The Court emphasized fairness, privacy considerations, and the high threshold for non-party production, awarding costs against the plaintiff.
Associate Justice K. Perron

Simms et al v. Mann Lawyers LLP (2025 ONSC 3168)
A motion to oppose a cost assessment certificate was dismissed as untimely. The applicant’s two-year delay lacked sufficient justification, and the appeal was deemed without merit. The court found no basis to extend the time for filing the motion, emphasizing the importance of finality in litigation.
Justice M. Flaherty Continue reading →