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

Family Matters

Newell v. Frisken et al. (2026 ONSC 1602)
The Court dismissed a motion to set aside a separation agreement and related Nova Scotia order, ruling it lacked jurisdiction. The defendant’s motion for summary judgment was granted, as no genuine issue for trial was established. Costs were awarded on a partial indemnity basis.
Justice P. Roger

Zaidi v. Zaidi (2026 ONSC 1577)
The Court clarified the jurisdiction of Associate Judges in family law motions, addressing party additions, disclosure obligations, and interim orders. It added the respondent’s parents as parties, ordered financial disclosure, and granted access to a matrimonial home and safety deposit box, while deferring spousal support characterization to trial.
Associate Justice I. Kamal

Duong v. Nguyen (2026 ONSC 1484)
In a family law dispute, the Court granted the Respondent sole signing authority to complete a property sale after the Applicant failed to cooperate. The Court also ordered the distribution of sale proceeds and awarded costs to the Respondent due to the Applicant’s unreasonable conduct.
Associate Justice I. Kamal

Children’s Aid Society of Ottawa v. B.L.B. (2026 ONSC 1335)
In a child protection case, the Court ruled that federal Indigenous child welfare legislation applies, despite weak evidence of the mother’s First Nations ancestry. The decision considered the mother’s vulnerabilities and the remedial nature of the legislation, emphasizing the need for further efforts to confirm her grandmother’s status.
Justice P. MacEachern

Civil Matters

Tocholke Estate v. MacDonald et al. (2026 ONSC 1706)
A motion to dismiss an estate trustee’s claim as statute-barred was denied. The Court found that the deceased’s incapacity could toll the limitation period under the Limitations Act, 2002, despite the strict limitation period in the Trustee Act. Fraudulent concealment was deemed inapplicable.
Justice M. Smith

Will Murray & Associates v. Nader Fakih (2026 ONSC 1574)
The Court awarded substantial indemnity costs due to the Defendant’s reprehensible conduct, including misuse of client funds and obstructive litigation tactics, which unnecessarily prolonged proceedings.
Associate Justice I. Kamal

Allbert v. Champness (2026 ONSC 1481)
The Court dismissed motions for summary judgment and jurisdictional challenges, finding triable issues regarding a mutual wills agreement, property ownership, and limitation periods. The actions will proceed together, with the trial judge determining unresolved factual and legal disputes.
Justice M. Labrosse

Aenos Food Services Inc. v. Tierney et al (2026 ONSC 1478)
An order restricting discovery motions without leave was set aside due to lack of notice and opportunity for submissions, violating procedural fairness.
Justice H. Williams

IN THE MATTER OF THE PROPOSAL OF CHRISTOPHER LEMIEUX (2026 ONSC 1470)
The Court approved a consumer proposal, finding the debtor’s financial shortfall arose from uncontrollable circumstances, including a failed business impacted by the COVID-19 pandemic. The proposal met statutory requirements, was reasonable, and provided creditors with better recovery than bankruptcy. No evidence of culpable conduct justified holding the debtor responsible.
Associate Justice I. Kamal

Egan v. National Research Council of Canada (2026 ONSC 1429)
In a class action alleging PFAS contamination, the Court permitted amendments to include punitive damages, finding the claim had a reasonable prospect of success. The defendants’ cross-motion to strike the amendments was denied, and the Certification Order was updated to reflect punitive damages as a common issue.
Justice R. Smith

Hakim v. Pfizer Inc. et al (2026 ONSC 1615)
A self-represented litigant’s motion to disqualify opposing counsel was dismissed as baseless. The Court awarded $10,000 in costs for the improper use of resources and ordered no further motions before a case conference.
Associate Justice M. Fortier Continue reading →

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

Family Matters

Maarif v. El Fazazi (2026 ONSC 977)
The Court ordered the return of a child to Morocco under the Hague Convention, finding no grave risk or intolerable situation despite allegations of abuse, systemic gender bias, and the child’s objections. The child’s habitual residence was determined to be Morocco, and the father’s custodial rights were upheld.
Justice A. Doyle

Civil Matters

Sicotte Guilbault LLP v. Leading Practice SAS (2026 ONSC 1327)
The Court allowed a law firm to withdraw from representation due to a breakdown in the solicitor-client relationship. It declined to approve the contingency fee agreement and ordered an assessment of the firm’s legal fees, disbursements, and interest. Escrow service fees were excluded from the assessment and may require separate litigation.
Justice C. MacLeod

Anishinabeg et al. v. AGC et al. (2026 ONSC 1139)
The Court ruled that plaintiffs must seek authorization under Rule 12.08 to proceed with a representative Aboriginal title claim. This procedural step ensures adequate representation and clarity for all parties involved, aligning with Ontario’s legal framework for representative actions. The motion cannot be deferred to trial.
Justice M. Flaherty

Kionas Construction Inc. v. Patry a.k.a. Jason Patry et al. (2026 ONSC 1302)
The Court granted partial summary judgment for unpaid amounts under a promissory note, finding no genuine issue for trial. The judgment was ordered to be paid into court pending resolution of the defendants’ counterclaim, which raised triable but distinct issues.
Justice B. Holowka

9409394 Canada Inc. v. Ghislain Lascelles (2026 ONSC 819)
A property owner failed to establish adverse possession over a disputed driveway strip but succeeded in claiming 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.
Justice M. Flaherty

Helmer et al v. GRC Architects Inc et al (2026 ONSC 1046)
In a motion to avoid dismissal for delay, the Court extended the trial deadline, finding the plaintiffs’ explanation for delays reasonable and the defendant’s prejudice from a key witness’s death not attributable to the plaintiffs.
Justice O. Rees

Criminal Matters

R v. Pogrebennyk (2026 ONSC 1143)
The Court dismissed applications to admit evidence of the complainant’s prior sexual conduct and private records, finding they were inadmissible under Criminal Code ss. 276 and 278.92-278.94. The evidence risked impermissible reasoning and did not meet the threshold for privacy protection under the record-screening regime.
Justice A. Kaufman

R. v. Martin (2026 ONSC 998)
The Court acquitted the accused on one sexual assault charge due to reasonable doubt about the complainant’s capacity to consent but convicted on another charge where the complainant’s lack of consent to unprotected intercourse was clear and credible.
Justice C. Hackland Continue reading →

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

Family Matters

Children’s Aid Society of Ottawa v. K.L.C. (2026 ONSC 839)
The Court found that five children met the definition of Indigenous under both the Child, Youth and Family Services Act and the Federal Act, based on self-identification, ancestral connections, and community acceptance, emphasizing distinct evidentiary thresholds under the two legislative frameworks.
Justice M. Smith

Civil Matters

Stewart v. Mazda Canada Inc. (2026 ONSC 1038)
A proposed class action was dismissed due to prolonged delay, lack of certification, and the plaintiff’s disappearance. The Court required minimal notice to class members, citing limited public interest and minor potential claims.
Justice C. MacLeod

Khoury v. Ghani (2026 ONSC 855)
In a debt recovery case, the Court granted judgment against a non-defending co-defendant who consented to judgment. The ruling preserves the remaining defendant’s rights to defend, crossclaim, or challenge the judgment’s impact on related family law proceedings.
Justice C. MacLeod

Nazal v. Hiruy and Solomon (2026 ONSC 834)
The Court ruled that the insurer must defend a young driver in a negligence claim, appointing independent counsel due to a conflict of interest arising from the insurer’s simultaneous defence of another insured with opposing interests. The decision emphasizes the “mere possibility” standard for triggering the duty to defend.
Associate Justice I. Kamal

Ty v. Ottawa-Carleton Standard Condominium Corporation No. 1106 et al (2026 ONSC 833)
The Court ruled that cross-examinations should proceed virtually as originally agreed, rejecting the request for in-person attendance. Concerns about surreptitious recording were addressed through specific safeguards, emphasizing that virtual proceedings promote access to justice and convenience without compromising fairness.
Associate Justice I. Kamal

Carleton Condominium Corporation No. 306 c. Saint-Pierre (2026 ONCS 746)
Le Tribunal ordonne à un copropriétaire de cesser les locations à court terme contraires aux règlements, de retirer une caméra installée sans autorisation et de mettre fin à des comportements harcelants et perturbateurs affectant les autres résidents. Les dépens sont partiellement accordés à l’association de copropriétaires.
Juge O. Rees Continue reading →

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 →