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

Family Matters

Burkay v. Walker (2026 ONSC 4744)
The Court stayed the application, ruling that a separation agreement’s arbitration clause is enforceable despite non-compliance with formal family arbitration requirements, provided the parties take steps to execute a compliant agreement.
Justice A. Kaufman

C.D. v. J.A. (2026 ONSC 4735)
In a high-conflict parenting dispute, the Court prioritized the adolescent child’s well-being by terminating mandatory parenting time and communication schedules, allowing the child to control contact with her father. Both contempt motions were dismissed, and the father was restricted from filing further motions without leave due to repetitive litigation.
Justice K. Jensen

Mohamed v. Mohamed (2026 ONSC 4346)
The Court dismissed a motion seeking enforcement of parenting orders for a 32-year-old adult with disabilities, citing lack of jurisdiction under family law legislation. The matter was redirected to the Substitute Decisions Act for addressing care and capacity issues.
Associate Justice I. Kamal

Civil Matters

Guergis v. Hamilton et. al (2026 ONSC 4804)
In a defamation case, the Court allowed a defendant to amend their statement of defence to specify statutory limitation defences under the Libel and Slander Act. The Court found no presumed or actual prejudice to the plaintiff, emphasizing that delay alone does not bar amendments if prejudice can be addressed through costs or adjournment.
Associate Justice I. Kamal

In the Matter of the Bankruptcy of Elizabeth Susan McLean (2026 ONSC 4656)
The Court imposed a conditional and suspended discharge in a bankruptcy case, emphasizing addiction recovery as integral to financial rehabilitation under the Bankruptcy and Insolvency Act. Conditions included addiction counselling, 12-step meeting attendance, and periodic court check-ins to ensure compliance and progress.
Associate Justice I. Kamal

Jason Lappan v. Estate of Florence Bevins et al (2026 ONSC 3722)
The Court dismissed an application for dependant’s support, finding that the adult child with disabilities was not financially reliant on the deceased parent, as his needs were met through government benefits and institutional support. Even if dependency were established, the will’s provisions were deemed adequate and equitable.
Justice K. Jensen

John Raphael McMahon, Executor and Trustee Under the Last Will and Testament of Douglas Sargent Montgomery, Deceased v. Montgomery (2026 ONSC 4552)
On a motion to set aside a registrar’s delay dismissal, the Court applies the Reid criteria and takes a contextual approach. It finds a reasonable overall explanation tied largely to the defendant’s capacity and litigation guardian issues, the motion was brought promptly, and there was no prejudice. The action is restored.
Associate Justice K. Perron

Kemdirim v. Mahiagbe et al (2026 ONSC 4553)
The Court awarded $5,000 in costs to the defendant after the plaintiff discontinued the action late in the proceedings. The Court emphasized the timing of the discontinuance, the principle of indemnity, and the proportionality of legal fees incurred, while rejecting claims for the defendant’s personal time as a self-represented litigant.
Associate Justice K. Perron

Michaud et al v. Li (2026 ONSC 4451)
A motion to set aside a costs order alleging fraud was dismissed. The Court found no deliberate misrepresentation or fraud, emphasizing the importance of finality in litigation.
Justice O. Rees

TD Bank v. 1633092 Ontario Ltd. (2026 ONSC 4620)
The Court found the bank breached a loan agreement but ruled the breach did not cause the business’s failure, dismissing damages claims.
Justice R. Smith

Wright v. General Motors Financial of Canada, Ltd. et. al. (2026 ONSC 4760)
The Court approved a class action settlement addressing a data breach, finding the agreement fair, reasonable, and in the class’s best interests. Compensation includes credit monitoring, identity theft insurance, and monetary payments to affected individuals, with a streamlined claims process ensuring efficient distribution.
Justice C. MacLeod

Criminal Matters

His Majesty The King v. A.N. (2026 ONSC 3919)
The Court imposed a conditional discharge with probation for forging a consent letter, citing emotional duress, remorse, and collateral immigration consequences.
Justice A. London-Weinstein

R. v. A.G. (2026 ONSC 4367)
The Court sentenced the Accused to 10 years’ imprisonment for repeated sexual and physical abuse of his adopted children, emphasizing denunciation, deterrence, and the profound breach of trust. Ancillary orders included a 20-year SOIRA registration, DNA collection, and restrictions on contact with minors. Parole eligibility was delayed to half the sentence.
Justice K. McVey

R. v. Bernier (2026 ONSC 3213)
The Court dismissed a motion to extend the time to appeal convictions entered after guilty pleas, finding no bona fide intention to appeal, insufficient explanation for delay, and no merit to the proposed appeal. The plea was deemed voluntary, informed, and final, with no exceptional circumstances warranting reopening.
Justice A. Doyle

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

Civil Matters

Anishinabeg v. AGC et al., (2026 ONSC 4430)
The Court granted one group’s motion to intervene in a representation motion under Rule 12.08 but dismissed another’s, finding their interests were either directly relevant or speculative and beyond the motion’s scope.
Justice M. Flaherty

Barkey v. Doe (2026 ONSC 4390)
The Court ruled that the plaintiff could not identify the other driver due to a concussion and granted relief from forfeiture despite delayed notice to the insurer, finding no irreparable prejudice caused by the breach of statutory notice requirements. The plaintiff provided sufficient corroborating evidence of the unidentified vehicle’s involvement.
Justice R. Smith

Claridge December Holdings Inc. v. Co-operative d’Habitation Desloges Inc. (2026 ONSC 4381)
The Court ruled that a resulting trust arose after an express trust failed due to unmet Planning Act conditions. Legal title was vested in the applicant, while the respondent was partially compensated for maintenance costs incurred on the disputed land.
Justice O. Rees

Dawson et al v. Dawson et al., (2026 ONSC 4215)
The Court invalidated wills and powers of attorney due to undue influence by a son over his elderly parents, despite finding no lack of testamentary capacity. The son was also ordered to pass accounts for his management of their finances.
Justice M. Labrosse

National Bank of Canaca v. Ocm Auto Financing Ltd. (2026 CanLII 74017)
The Court appointed an interim receiver to protect a creditor’s interests, citing the debtor’s defaults, mismanagement of trust funds, and lack of transparency. The decision emphasized the necessity of preserving assets and ensuring compliance with agreements while limiting the receiver’s powers to interim measures.
Associate Justice K. Perron

Premiere Construction Ltd. v. 444 Bronson Development Inc. et al., (2026 ONSC 4426)
The Court ordered three construction-related proceedings to be heard consecutively on a common timetable, citing overlapping issues, witnesses, and risks of inconsistent findings. The decision emphasized procedural efficiency and rejected a request for partial bifurcation, finding it would complicate and prolong the litigation.
Associate Justice I. Kamal

Criminal Matters

R. v. Mills (2026 ONCJ 426)
The Court sentenced the Accused, who pleaded guilty to attempting to kill a family cat, to 18 months probation. The sentence emphasized denunciation and deterrence while considering mitigating factors, including the Accused’s remorse, lack of prior record, and efforts to address alcohol addiction. A discharge was deemed inappropriate.
Justice D. Berg

R. v. Northrup (2026 ONSC 4242)
The Court acquitted the accused of all charges, including uttering threats and firearm offences, citing credibility issues with the complainant’s testimony and the accused’s plausible account, which raised reasonable doubt.
Justice O. Rees

Divisional Court Decisions from Ottawa Judges

Waring’s Creek Improvement Association v. The Corporation of the County of Prince Edward et al., (2026 ONSC 3977)
A motion to transfer an application to quash municipal by-laws was dismissed. The Court found the procedural illegality lacked substantive merit, as the by-laws could be reapproved without affecting the outcome or causing substantive harm. The potential prejudice to the development project also weighed against granting the transfer.
Justice M. Labrosse

Court of Appeal Decisions of Local Interest

R. v. Crossley (2026 ONCA 540)
The Court dismissed the appeal, finding no errors in the jury instructions or evidentiary rulings. The appellant’s conviction for intimidating a justice system participant was upheld, as the Crown proved the offence as particularized in the indictment. A dissenting judge would have acquitted on one count due to insufficient proof.
Justices J.M. Fairburn, D. Paciocco, and D. Wilson

Pringle v. Zenova Group PLC (2026 ONCA 549)
The Court ruled that the appellant was an employee under Ontario’s Employment Standards Act, voiding the forum selection clause in his contract. The Ontario court retained jurisdiction, rejecting England as a more convenient forum, and allowed the wrongful dismissal claim to proceed in Ontario.
Justices K. van Rensburg, B. Miller, and L. Sossin

Smith v. Nagy (2026 ONCA 545)
The Court dismissed an appeal challenging the burden of proof in sexual battery and defamation claims, affirming that defendants in battery cases must prove consent, while defamation defendants must prove the truth of their allegations. Despite a trial judge’s error in burden allocation, no miscarriage of justice occurred.
Justices D. Paciocco, J. Thorburn, and J. George

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

Civil Matters

Selleck v. Stanutz (Estate) et al. (2026 ONSC 4219)
The Court ordered interest on delayed settlement funds, partially at a higher rate reflecting litigation loan costs, and quantified costs, including partial indemnity costs for a hearing.
Justice C. MacLeod

Stewart Title v. Hutchinson et. al. (2026 ONSC 4190)
The Court granted default judgment against a disbarred lawyer for misappropriating real estate funds, awarding compensatory damages, costs, and $25,000 in punitive damages due to the egregious breach of fiduciary duty.
Justice C. MacLeod

Criminal Matters

R. v. Khreis (2026 ONSC 4051)
The Court convicted the Accused of sexual assault, robbery, and theft under $5,000, relying on complainants’ credible testimony, circumstantial evidence, and similar fact evidence to establish identity, intent, and modus operandi beyond a reasonable doubt.
Justice S. Corthorn

R v. Noseworthy (2026 ONSC 4221)
An appeal of a conviction for refusing a breath sample was dismissed. The Court found the trial judge reasonably concluded that the delay in making the demand was justified by unusual circumstances, including safety concerns near rapids. No legal errors or misapprehension of evidence were identified.
Justice P. Roger

R v. Omer (2026 ONSC 4263)
The Court partially granted an accused’s application to release seized funds for legal fees, finding he lacked other financial means. Despite limited evidence, the Court accepted his affidavit and hearsay about Legal Aid ineligibility, balancing the presumption of innocence with the principle that crime should not pay.
Justice P. Roger

Court of Appeal Decisions of Local Interest

R. v. King (2026 ONCA 522)
The Court overturned an acquittal, ruling that blocking highways during protests can constitute intimidation under the Criminal Code. It clarified that political protest does not justify illegal conduct, and substituted a conviction for the accused’s role in obstructing Ottawa roads during the Freedom Convoy.
Justices D. Paciocco, L. Madsen and, R. Pomerance

R. v. S.W. (2026 ONCA 531)
The Court upheld the dangerous offender designation, dismissed ineffective counsel claims, and increased the sentence from 17 to 25 years for severe child sexual abuse and exploitation, emphasizing the offender’s role in administering a global CSAEM website.
Justices J.M. Fairburn, D. Wilson and, M. Rahman

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

Family Matters

Agostini v. Rochdi (2026 ONSC 3720)
In a family law dispute, the Court ordered supervised parenting time and granted sole decision-making responsibility to the mother, citing the father’s persistent emotional harm to the children through unfounded abuse allegations and inappropriate behaviour. A restraining order was also issued to protect the mother and children.
Justice J. Audet

Civil Matters

1995636 Ontario Inc. et al v. 5010729 Ontario Inc. et al (2026 ONSC 3723)
The Court denied a motion to amend pleadings to add new defendants, citing non-compensable prejudice and disruption to defendants’ counsel. Plaintiffs were awarded partial costs for a withdrawn production motion due to defendants’ delayed compliance with prior court orders.
Justice M. Labrosse

Air Passenger Rights v. The Attorney General of Canada (2026 ONSC 3983)
The Court ruled that confidentiality provisions in air passenger complaint processes violate the open court principle and freedom of expression under the Charter. It ordered the provisions to apply only to mediation records, not adjudicative decisions, as the process remains adjudicative in nature.
Justice C. Hackland

Hauser v. Phalan R.C. Flying Club Inc. et. al. (2026 ONSC 3984)
The Court dismissed a motion to transfer and consolidate Small Claims Court actions with a Superior Court proceeding, emphasizing the integrity of the small claims process and finding no justification for the transfer. The Superior Court action was stayed pending resolution of the small claims trial.
Justice C. MacLeod

Lantaigne et al v. Whitten & Lublin et al (2026 ONSC 3731)
A motion to amend or vary a costs order under Rule 59.06 was dismissed. The Court found no accidental error, newly discovered facts, or other exceptional circumstances justifying relief. Rule 59.06 cannot be used to reargue issues or introduce new evidence that could have been presented earlier.
Associate Justice I. Kamal

Mattamy (Jock River) Limited v. Tripple S & A Inc. (2026 ONSC 4012)
The Court granted summary judgment to the vendor, finding no defence to the purchaser’s breach of a binding real estate agreement. Damages were awarded for the price shortfall and related expenses, with minor reductions for insufficient evidence on certain costs. Costs of the action were also awarded.
Justice C. MacLeod

O’Regan v. Harman and Romain (2026 ONSC 4066)
The Court struck a negligence claim against an appraiser, ruling it was barred by witness immunity and lacked sufficient factual basis.
Justice S. Corthorn

Parris v. Firmenich International SA et. al. (2026 ONSC 3922)
A proposed class action alleging a global fragrance price-fixing conspiracy was denied certification. The Court found insufficient evidence to meet the “some basis in fact” test, citing vague allegations, unmanageable class definitions, and lack of proof of wrongdoing or damages in Canada.
Justice C. MacLeod

Shapiro v. Shapiro (2026 ONSC 3834)
The Court awarded costs in an estate dispute, emphasizing proportionality and success. Public policy justified partial estate-funded costs for a dependency claim, while the unsuccessful will challenge resulted in costs payable by the objectors.
Justice K. Jensen

Wadie Narouz v. Fisgard Capital Corporation Also Known As Fisgard Asset Management Corporation (2026 ONSC 3060)
In a mortgage enforcement case, the Court granted leave to issue a writ of possession, rejecting Charter arguments as inapplicable to private litigation. The plaintiff’s claims of surveillance and delay in receiving a French translation were dismissed, and costs of $15,000 were awarded to the defendant.
Associate Justice M. Fortier Continue reading →

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

Family Matters

Anderson v. Parsons (2026 ONSC 3530)
In a family law dispute, the Court dismissed a motion to strike pleadings, upheld existing support orders, and ordered the sale of the matrimonial home with equal division of proceeds. The child’s school placement remained unchanged, prioritizing stability and best interests. Costs were awarded to the respondent.
Justice P. Roger

Pontallier v. Ibironke (2026 ONSC 3429)
The Court imputed income to a father, finding intentional underemployment and inconsistent financial disclosure, and ordered retroactive child support and proportional contributions to childcare expenses. The father’s claims of shared parenting and financial hardship were rejected due to insufficient evidence and discrepancies in his testimony and financial records.
Justice M. Sirivar

Civil Matters

9409394 Canada Inc. v. Ghislain Lascelles (2026 ONSC 819)
A property owner failed to establish adverse possession over a disputed driveway strip but succeeded under proprietary estoppel. The Court found the respondent’s 30-year silence and the applicant’s detrimental reliance made it unconscionable to deny the applicant continued use of the full driveway. The respondent must remove a dividing fence.
Justice M. Flaherty

Levy v. Crawford & Company (2026 ONSC 3581)
The Court dismissed a motion to strike claims for negligent misrepresentation and oppression, finding the pleadings sufficiently disclosed reasonable causes of action. The Court emphasized that proximity and duty of care required a fuller factual record and that oppression claims were not precluded by contractual remedies.
Justice P. Roger

Louis Jones Construction Ltd. v. Jonathan Rocque o/a J-Rock Construction, Roxanne Rocque and Caisse Populaire Trillium Inc. (2026 ONSC 3159)
The case involved construction liens and a quantum meruit claim arising from foundation work. The Court found the liens untimely under the applicable legislation and dismissed the quantum meruit claim due to insufficient evidence. A breach of contract claim by the defendants was also rejected.
Justice M. Flaherty

Criminal Matters

R v. Kongkhaw, McPolin, and Lafontaine (2025 ONSC 7326)
The Court upheld most judicial authorizations for investigative procedures in a drug-trafficking case, rejecting claims of subversion of the pre-authorization process. It found no evidence of intentional misconduct by the affiant, despite drafting flaws and omissions, and declined to quash the authorizations collectively or individually.
Justice S. Corthorn

R. v. McPolin (2026 ONSC 3493)
The Court sentenced the Accused to 27 months’ imprisonment for firearm possession offences, emphasizing deterrence and denunciation over rehabilitation.
Justice S. Corthorn

R c Vien (2026 ONCS 110)
Dans une affaire criminelle concernant des menaces de mort, le Tribunal a conclu à un doute raisonnable en raison de l’intoxication de l’accusé et de la faible crédibilité du témoin principal, déclarant l’accusé non coupable.
Juge P. Roger

Court of Appeal Decisions of Local Interest

R. v. Babor (2026 ONCA 428)
The Court admitted fresh evidence but upheld the finding of not criminally responsible (NCR) due to mental disorder. Procedural errors, including limiting cross-examination and excluding a psychologist’s testimony, were deemed non-prejudicial. The appellant’s absolute discharge from the Ontario Review Board remained unaffected. Appeal dismissed.
Justices J.M. Fairburn, P. Monahan, and P. Osborne

R. v. Blanco (2026 ONCA 433)
The Court restored a sexual assault conviction, finding the trial judge properly concluded that any apparent consent was vitiated by the accused’s abuse of his position of trust, despite conflicting evidence on subjective consent. The summary conviction appeal judge erred in interpreting the legal test for vitiation of consent.
Justices G. Huscroft, J. Thorburn, and J. Dawe

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

Family Matters

Saucier v. Lafrance-Dion (2026 ONSC 3370)
In a custody dispute, the Court granted the mother sole decision-making authority and primary residence of the child, with supervised parenting time for the father, transitioning to unsupervised visits upon completion of anger management. Child support was recalculated based on the father’s updated income.
Justice R. Maranger

Civil Matters

Atwood v. National Police Federation (2026 ONSC 3388)
The Court dismissed an application to amend a not-for-profit’s articles, finding the proposal unlawful under corporate law. Costs were awarded on a partial indemnity basis, considering the applicant’s good faith and the novel legal issues raised.
Justice A. Doyle

Filion et al v. Gauthier et al. (2026 ONSC 3227)
The Court awarded liquidated damages, punitive damages, and costs after a lawyer misappropriated trust funds intended for a property transaction. General damages were denied due to insufficient evidence, but punitive damages were granted to denounce the lawyer’s egregious misconduct and uphold public confidence in the legal profession.
Justice M. Sirivar

Grightmire v. Grightmire-Griesbach (2026 ONSC 3416)
The Court found that RESP funds were impressed with a trust for the beneficiaries’ education, rejecting the subscriber’s ownership claim. The subscriber was removed for breaching fiduciary duties, including misappropriating funds and imposing unreasonable conditions. A neutral party was appointed to manage the accounts, and repayment was ordered.
Justice J. Hooper

Guttin. v. Creber et al. (2026 ONSC 3460)
This case involved oppression claims in a corporate dispute. The Court found unfair disregard of a shareholder’s rights due to restricted access to financial records but declined to appoint a receiver, favoring less intrusive remedies.
Justice A. Doyle

MacDonald v. 10583308 Canada Inc. (2026 ONSC 3342)
The Court dismissed an anti-SLAPP motion, finding the defamation claim had substantial merit and the harm outweighed public interest in protecting the defendants’ expressions alleging corruption in public procurement.
Justice S. Kershman

R. v. Splinter (2026 ONSC 3000)
The Court dismissed an abuse of process claim, ruling that the Crown’s decision to prefer a direct indictment was within its core prosecutorial discretion, owed deference, and not supported by evidence of bad faith or improper motive. The applicant failed to meet the high evidentiary threshold required for such claims.
Justice R. Ryan Bell Continue reading →

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

Family Matters

Piper v. Piper (2026 ONSC 3241)
In a family law costs dispute, the Court awarded $26,567.02 to the successful party, citing her favourable settlement offer, proportional legal fees, and the opposing party’s unreasonable conduct. Costs were enforceable as support through the Family Responsibility Office.
Justice M. Sirivar

Civil Matters

Atwood v. National Police Federation (2026 ONSC 3092)
The Court dismissed an application to include a proposal amending a non-profit’s articles, ruling it unlawfully restricted directors’ statutory governance powers, which can only be limited through a unanimous member agreement under the Canada Not-for-Profit Corporations Act.
Justice A. Doyle

Banninger v. Fournier (2026 ONSC 3035)
The Court dismissed a motion to compel a neuropsychological assessment and allow late service of an expert report, finding no reasonable explanation for the delay and significant prejudice to the plaintiff due to trial scheduling constraints.
Justice A. Doyle

Dutremble et al v. Heartland Farm Mutual Inc. (2026 ONSC 3230)
In an insurance dispute, the Court refused to compel an appraisal process under the Insurance Act due to unresolved issues, including the valuation date and allegations of bad faith. The Court determined these matters required judicial resolution before appraisal and directed the plaintiffs to submit a sworn proof of loss.
Justice A. Doyle

Latortue et al v. Taqavi et al. (2026 ONSC 2952)
The Court reinstated a personal injury action dismissed for delay, finding the plaintiffs met the test for setting aside dismissal, including providing a satisfactory explanation for delays, demonstrating inadvertence, acting promptly, and showing no significant prejudice to the defendants.
Associate Justice M. Fortier

Divisional Court Decisions from Ottawa Judges

Chevalier-Wara v. Economical (2026 ONSC 2982)
The Court quashed a Tribunal’s decision denying catastrophic impairment and attendant care benefits, citing inadequate reasoning and failure to address critical expert evidence. The matter was remitted for a fresh hearing before a different adjudicator.
Justices N. Backhouse, D. Corbett, and O. Rees

Tefera v. University of Ottawa (2026 ONSC 3191)
A Ph.D student sought judicial review of her removal from a program after unsatisfactory progress reports. The Court upheld the university’s decision, emphasizing deference to academic expertise and finding no procedural unfairness in the evaluation or appeals process. The application was dismissed, and costs were awarded against the applicant.
Justices C. MacLeod, M. Labrosse, and S. O’Brien

Court of Appeal Decisions of Local Interest

T.C.O. Agromart Ltd. v. Sutton Farms (Nacona) Ltd. (2026 ONCA 371)
The Court found a farm owner liable under the Occupiers’ Liability Act for failing to warn of a bridge’s hidden structural risks, overturning the trial decision. The Court held that the duty to warn extended to disclosing the unsupported overhangs, which caused the accident. Damages were awarded to the appellant.
Justices E. Gillese, S. Coroza, and P. Osborne