Recently Published Ottawa Decisions

Editors Note: We are continuing to evaluate the AI summaries and keywords available through CanLII. Currently, it is not possible for us to return to a short (4 to 6 item) list of terms, and so for this week we will continue to use the AI-generated summary, as it presents the most succent but still detailed analysis of the case available. 

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

Family Matters

Abid v. Mahmud (2025 ONSC 2220)
The Court dismissed a motion for urgency in a parenting time dispute, emphasizing progress in resolution discussions and the non-binding nature of case conference recommendations. It reinforced the confidentiality of case conference discussions to encourage candid settlement negotiations.
Associate Justice I. Kamal

Civil Matters

Gillis et al. v. Lacasse et al. (2025 ONSC 2200)
In a costs dispute following a $14,000 settlement, the Court ruled both parties acted unreasonably, awarding minimal costs to the plaintiffs.
Justice H. Williams

Layton v. Canadian Dental Hygienists Association (2025 ONSC 2156)
In a property dispute under the Simplified Procedure, the Court awarded $35,000 in costs to the successful party, emphasizing proportionality and rejecting claims for elevated costs despite procedural delays and excessive litigation conduct.
Justice M. Smith

Meehan et al v. Good et al (2025 ONSC 2247)
The Court dismissed a motion to bar a defendant from revisiting prior findings on a lawyer’s negligence, ruling that the doctrine of abuse of process did not apply as the prior proceeding’s findings were not definitive, and fairness required allowing the defendant to fully defend against the claims.
Justice A. Kaufman

Davis v. Attorney General of Canada et al (2025 ONSC 2173)
The Court struck a negligence claim against Transport Canada, finding no private law duty of care owed to pilots during medical certification processes, as the regulatory framework prioritizes public safety over individual economic interests. The claim was also found to conflict with policy considerations, including risks of indeterminate liability.
Justice K. Jensen

Welch LLP v. iHealthOx Inc. (2025 ONSC 2128)
The Court upheld a default judgment against a corporation but set it aside for its CEO, finding she had an arguable defence regarding personal liability. The CEO must pay costs and file a defence within 30 days to proceed. Failure to open mail was deemed an invalid excuse for non-response.
Justice G. Mew

Court of Appeal Decisions of Local Interest

R. v. Pinard (2025 ONCA 290)
The Court dismissed the appeal, finding no errors in the trial judge’s jury instructions on possession or assistance to the self-represented accused. The trial judge’s efforts, including appointing amicus curiae, were commended. Additional grounds of appeal, including disclosure issues and admission of discreditable conduct evidence, were also rejected.
Justices J. MacPherson, L. Sossin, and P. Monahan

R. v. Ahmed (2025 ONCA 286)
The Court dismissed the appeal of a second-degree murder conviction, finding no errors in rejecting self-defence and provocation. The trial judge’s factual findings, including credibility assessments and analysis of CCTV evidence, were upheld as reasonable and supported by the evidence.
Justices J.M. Fairburn, S. Coroza, and D. Baltman

Douglas v. Faucher (2025 ONCA 293)
In a family law appeal, the Court upheld the motion judge’s findings of a material change in circumstances, the respondent’s parenting time exceeding 40%, and the retroactive adjustment of child support. The appellant’s arguments were dismissed, and the motion judge’s discretionary application of child support principles was affirmed.
Justices E. Gillese, S. Gomery, and R. Pomerance

 

Recently Published Ottawa Decisions

There have been some significant upgrades to CanLII recently, both in terms of the layout and in the use of AI-generated classification and summaries. One of the changes has been how cases appear in a search result. For many years there were a limited number of key terms pulled from the decision and listed in the search results screen, and these were what we used to help describe the case in our postingsu. Now, there are several broader subject headings along with key terms, and an AI summary.

To reflect these new features, this week we will be including the AI summary that CanLII has generated for each of these cases. We’d love your feedback on whether you prefer these summaries, a list of keywords, both, or some other variation. Your feedback helps, so send us an email!

With that said, find below recently published Ottawa decisions and their AI-summaries, available for free from CanLII.org.

Family Matters

Borrens v. Perreault (2025 ONSC 1811)
The Court awarded primary residence and final decision-making authority to the mother, citing family violence and the father’s undermining behavior. The father was granted specified parenting time, child support obligations, and spousal support was ordered retroactively and prospectively. The Court emphasized the children’s best interests and the impact of family violence.
Justice T. Engelking

Civil Matters

Diffusart International et al. v. Robinson et al. (2025 ONSC 2151)
The Court dismissed an anti-SLAPP motion, finding the defamation claim had substantial merit and the defendant lacked valid defences. The public interest in allowing the claim outweighed protecting the defendant’s expressions, which included defamatory Instagram posts and emails targeting a competitor. No costs were awarded.
Justice M. Smith

Fowlie v. Spinney et al. (2025 ONSC 2123)
The Court awarded full indemnity costs to defendants after granting anti-SLAPP motions, finding the claims lacked sufficient public interest to proceed. The plaintiff’s arguments for reduced costs due to alleged duplication of legal work were rejected, as separate representation was deemed appropriate given the case’s complexity and differing defendant positions.
Justice H. Williams

Re Angelatos (2025 ONSC 2040)
The Court approved a consumer proposal, finding the debtor eligible under the Bankruptcy and Insolvency Act and the terms fair to both the debtor and creditors, despite opposition from a creditor arguing the debtor’s assets exceeded liabilities. The decision emphasized the proposal’s reasonableness and the benefits of a stay of proceedings.
Justice S. Kershman

Meehan et al v. Good et al (2025 ONSC 2021)
The Court ruled that a plaintiff, despite not fully understanding the nature of an oath, demonstrated sufficient capacity to perceive, recollect, and communicate evidence. She was deemed competent to testify based on a promise to tell the truth, as the standard for testimonial competence is low and distinct from credibility.
Justice A. Kaufman

Cai v. Qi (2025 ONSC 1981)
The Court approved the apportionment of settlement funds among plaintiffs in a motor coach collision case, finding the proposed distribution of damages, legal fees, and disbursements fair and reasonable. The settlement resolved claims against the transportation provider and driver, with no liability established for other defendants.
Justice S. Corthorn

Obita v. Algonquin College (2025 ONSC 1980)
The Court awarded partial indemnity costs of $36,515 to the defendant after dismissing the plaintiff’s claims. The plaintiff’s self-represented status did not exempt her from cost consequences, as her conduct prolonged proceedings and increased complexity. The Court reduced some claimed costs for unnecessary work by articling students and clerks.
Justice S. Corthorn

Lesser V. Meta Platforms Inc. Et Al (2025 ONSC 2105)
The Court granted a Norwich order compelling a third party to disclose information identifying the creator of an anonymous defamatory petition. The plaintiff satisfied the legal test, demonstrating a bona fide claim, necessity of disclosure, and that the third party was the only practicable source of the information.
Associate Justice I. Kamal

Meehan et al v. Good et al (2025 ONSC 1922)
The Court ruled that a competency examination under the Ontario Evidence Act is mandatory when a witness’s capacity is challenged, rejecting arguments that prior assessments or procedural delays negate this obligation. A voir dire will be held to determine the witness’s ability to testify.
Justice A. Kaufman

Raddalgoda v. Raddalgoda (2025 ONSC 1869)
The Court removed a co-Estate Trustee for breaching fiduciary duties, delaying estate administration, and prioritizing personal interests over beneficiaries.
Justice N. Somji

Cullain v. Wilcox et al (2025 ONSC 1739)
A shareholder was awarded an oppression remedy and damages for wrongful dismissal after being unfairly removed from management and employment. The Court found the defendants acted oppressively by derailing a business acquisition and failing to meet reasonable shareholder expectations. The valuation date for shares was set before the prejudicial conduct.
Justice O. Rees

Criminal Matters

R. v. MacDonald (2025 ONSC 1939)
The Court convicted the Accused of terrorism offences for producing and disseminating recruitment videos and propaganda promoting a neo-Nazi group, finding sufficient evidence of participation, knowledge of the group’s terrorist nature, and intent to enhance its activities.
Justice R. Smith

LSO Guidance on Artificial Intelligence

It’s difficult to have a conversation about the future of legal services without addressing the elephant in the room: generative AI. Here at the library we’re seeing it gradually seep into the legal research process, and lawyers and students are rightfully curious about how the technology can and will be useful in all areas of their practice. Like it or not, the technology is here to stay!

The Law Society of Ontario has released several documents of guidance that can assist for those looking to experiment with the technology, and we recommend taking a look:

It’s important to also be aware of current guidelines issued by the courts on AI usage. The LSO maintains a list of notices and practice directions on AI usage issued by the courts, which can be found here.

 

Recently Published Ottawa Decisions

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

Family Matters

Lissansky v. Alas (2025 ONSC 1729)
Family — Costs in family law — Entitlement to costs
Justice N. Somji

Chamseddine v. Ghani et al (2025 ONSC 1583)
Family — Matrimonial property — Joint ownership
Justice J. Audet

Wilson v. Wilson (2025 ONSC 1561)
Family — Spousal support — Material change in circumstances
Justice P. MacEachern

Civil Matters

Charette v. Customs and Immigration Union (2025 ONSC 1719)
Labour law — Administrative law — Labour relations — Jurisdiction of courts
Justice C. Hackland

V2 Investment Holdings Inc. v. Sam Mizrahi (2025 ONSC 1715)
Contracts — Loan agreements — Default — Liquidated debt
Justice C. Hackland

M.P. Lundy Construction Inc. v. Wildpine Residence Inc. (2025 ONSC 1614)
Construction — Construction Act — Lien proceedings — Motion to remove counsel
Justice C. MacLeod

Ojohome Canada Ltd. v. The Canadian Real Estate Association et al (2025 ONSC 1601)
Contracts — Interlocutory injunctions — Mandatory orders
Justice C. MacLeod

Dickinson v. Hirsch Garcia (2025 ONSC 1489)
Property — Prescriptive easements — Doctrine of lost modern grant
Justice A. London-Weinstein

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Recently Published Ottawa Decisions

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

Family Matters

Brohart v. Brohart (2025 ONSC 1521)
Family law — Mobility rights — Matrimonial property — Reapportionment
Justice T. Engelking

Anonby v. Anonby (2025 ONSC 1460)
Family law — Civil procedure — Costs — Offers to settle — Family Law Rules
Justice N. Somji

Laplante c. Bellemare (2025 ONCS 1289)
fiducie résultoire découlant des circonstances — hypothèque — dépôts — contributions — argent comptant
Juge M. Labrosse

McElroy v. Spence (2025 ONSC 1252)
Family law — Motion — Custody and access — Variation — Best interests of the child
Justice A. London-Weinstein

Hassan v. Jones (2025 ONSC 1116)
Family law — Custody and access — equal parenting
Justice J. Blishen

Granda v.Duffey (2025 ONSC 1165)
Family law — Custody and access — Variation — Change in circumstance — Best interests of child
Justice O. Rees

Emberson v. Hilton (2025 ONSC 1129)
Family law — Custody and access — Relocation — Child support — Motions
Justice S. Corthorn

The Children’s Aid Society of Ottawa v. S. B-M. et al (2025 ONSC 1117)
Family law — Children’s Aid Society — Child protection — Practice — Summary judgments
Justice K. Jensen

Turner v. Uwamahoro (2024 ONSC 7307)
Family law — Custody — Parenting time — Best interests of the child
Justice S. Corthorn

Civil Matters

Construction Jadco Inc. v. Gamma Windows and Walls International Inc. (2025 ONSC 1564)
Practice — Costs — Motion to quash summons to witness
Justice R. Ryan Bell

Ottawa-Carleton Mortgage Inc. v. Joseph and John (2025 ONSC 1498)
Contract law — Real property — Mortgages — Civil procedure — Summary judgment
Justice S. Corthorn

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New Books – February 2025

See the list below for new titles now available at the CCLA library!

2024-2025 Annotated Bankruptcy and Insolvency Act (Thomson)

2024-2025 Annotated Contraventions Act (LexisNexis)

2025 Annotated Immigration and Refugee Protection Act of Canada (Thomson)

2025 Annotated Ontario Education Act (Thomson)

2025 Annotated Ontario Landlord and Tenant Statutes (Thomson)

Annual Review of Civil Litigation, 2024 Ed. (Thomson)

Assignment, Subletting and Change of Control in a Commercial Lease: A Practical Guide, Second Ed. (Thomson)

Canadian Patent Law, 5th Ed. (LexisNexis)

Document Registration Guide, 26th Ed. (LexisNexis)

Fridman’s The Law of Contract in Canada, Seventh Ed. (Thomson)

The Law of Charitable and Not-for-Profit Organizations, 6th Ed. (LexisNexis)

The Law of Indigenous Ownership and Projects (Thomson)

The Law of Nuisance in Canada, 3rd Ed. (LexisNexis)

The Law of Objections in Canada: A Handbook, 2nd Ed. (LexisNexis)

Martin’s Ontario Criminal Practice, 2025 Ed. (Thomson)

Ontario Family Law Practice, 2025 Ed. (LexisNexis)

Recently Published Ottawa Decisions

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

Family Matters

Hill v.Hill (2025 ONSC 1169)
Family law — Divorce — Equalization of net family property — Occupation rent — Costs
Justice O. Rees

Chyher v. Al Jaboury (2025 ONSC 998)
Family law — Parenting — Variation — Termination of employment
Justice T. Engelking

Larocque-Seegobin v. Al-Bakri (2025 ONSC 950)
Civil procedure — Costs — Assessment of quantum — Full recovery — Entitlement or liability — Presumption of entitlement for successful party — Grounds for rebutting presumption
Justice H. Williams

Agostini v. Rochdi (2025 ONSC 868)
Family law — Access — Variation — Temporary orders
Justice N. Somji

The Family Responsibility Office v. Fagan (2025 ONSC 892)
Civil procedure — Case management — Restriction on motions — No motions before case conference — Exceptions
Justice P. Roger

Civil Matters

Phillips v. Ottawa (Elections Compliance Audit Committee) (2025 ONSC 1180)
Municipal law — Elections — Request for audit
Justice C. MacLeod

Lower Williams Properties Ltd. v. Santaguida (2025 ONSC 1132)
Civil procedure — Limitation periods — Ultimate limitation period
Justice R. Ryan Bell

Zuccarini v. Zuccarini (2025 ONSC 1042)
Wills and estates — Motions to strike — Undue Influence
Justice S. Corthorn

Gupta v. Manirambona (2025 ONSC 1008)
Practice — Costs — Substantial indemnity costs
Justice B. Holowka

Warren v. D’Alfonso et al. (2025 ONSC 956)
Civil procedure — Amending statement of claim — Adding parties — Discretion — Defamation
Justice M. Smith

McGinn v. Bleeker et al. (2025 ONSC 937)
Civil procedure — Costs — Interlocutory injunctions — Reincarceration — Costs in the cause
Justice B. Holowka

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Lexis+ Now Available at the CCLA Library!

We’re excited to announce that Lexis+ is now available at the CCLA Library! We’re very happy to welcome the new and updated user interface, as well as the added Legislative Pulse and Brief Analysis capabilities. You can access Lexis+ onsite at the courthouse through our CCLA Library Toolkit, either through the computer terminals in the library or on your own device as long as you are connect to our CCLA Courthouse Wifi.

Please see the publisher’s note below for more information and for some upcoming training sessions!

 

Lexis+ Canada is a comprehensive integrated legal research and workflow tool providing a range of features designed to enhance legal research and practice:

  • Access the vast collection of case law, editorial analysis, and data visualization with over 490 full-text textbooks and looseleaf publications in more than 30 different areas of law.
  • Rely on the up-to date practical material within Practical Guidance to support your day-to-day practice.
  • Track upcoming legislative changes with the Legislative Pulse service.
  • Extract any relevant information from Lexis+ Canada to make sure you cover everything mentioned in your document with Brief Analysis.

Training Sessions for Courthouse Library Staff and Lawyers – CPD Accredited for Professionalism  (1 hour in length)

The session will be offered at four dates and times as listed below along with the link. Click to attend each session via Zoom, no registration needed in advance.

Training Resources

Thank you to LiRN for making this addition possible through the e-LiRN suite of electronic resources.

Recently Published Ottawa Decisions

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

Civil Matters

El-Moustapha Meski et al c. Dude Mitshabu et al (2025 ONCS 818)
motion — défense — annuler — défaut — soutenable sur le fond
Juge A. Kaufman

Blood Bunge et al v. Findlay (2025 ONSC 751)
Torts — Defamation — Rules of Civil Procedure — Striking pleadings — No reasonable cause of action — Rule 21
Justice K. McVey

Construction Jadco Inc. v. Gamma Windows and Walls International Inc. (2025 ONSC 748)
Practice — Pre-trial procedures — Examinations for discovery — Foreign applications — Motion to quash summons to witness
Justice R. Ryan Bell

Abraham et al v. Abraham (2025 ONSC 770)
Arbitration — Awards — Setting aside — Practice — Appeals
Justice A. Kaufman

Bukhari v. Bukhari (2025 ONSC 726)
Real property — Partition and sale — Proceeds of sale — Practice — Orders
Justice C. MacLeod

Harmur Investments Ltd. v. Pearce (2025 ONSC 628)
Real property — Adverse possession — Limitations Act — Real Property Limitations
Justice H. Williams

Lachapelle v. St. Laurent Automotive Group Inc. (2025 ONSC 579)
Practice — Simplified procedure practice practice — Timeliness
Justice P. Roger

Criminal Matters

R. v. Ozeir (2025 ONSC 570)
Criminal law — Arrest — Reasonable and probable grounds — Search and seizure — Search incidental to arrest
Justice A. London-Weinstein

Court of Appeal Decisions of Local Interest

Perley-Robertson, Hill & McDougall LLP v. Eureka 93 Inc. (2025 ONCA 95)
Civil procedure — Orders — Enforcement — Contempt
Justice L. Roberts

Newly Received Materials from LSO CPD

Below are some of the most recent LSO CPD materials added to the library collection and are now available for free online! Come by the library to read these in print or click on the linked titles below to download the articles from AccessCLE.

Eight-Minute Labour Lawyer 2024 (April 11, 2024)

  • Workplace investigation involving criminal activity checklist / Helen Daniel
  • Attendance management in the unionized workplace / Shana French & Jackson Lund
  • Constitutional update : key 2023 decisions and cases to watch in 2024 / Andrew Astritis & Simcha Walfish
  • Uncertainty and unrest at the bargaining table / James Knight
  • What to consider when choosing in-person vs. remote mediation or arbitration / Kumail Karimjee

21st Real Estate Law Summit (April 16 & 17, 2024)

  • Time of the essence and specific performance the law still has some teeth / Doug Bourassa
  • Tips and traps for negotiating and drafting robust environmental clauses in agreements / Rosalind Cooper, Jasmeen Kabuli & Julia Chung
  • Acting for a borrower on an alternative mortgage : giving ILA / Mark Gelfand & Jonas Rubinoff
  • “No take-backsies!” understanding the law of repudiation in a purchase and sale / Simon Crawford & Jordan Oliva

Six-Minute Estates Lawyer 2024 (April 18, 2024)

  • Drafting to avoid disputes – a few issues / Jordan Atin
  • Navigating missing beneficiaries / Jasmine Sweatman
  • Drafting tips for dealing with multiple wills in different jurisdictions / Ambie Edgar Chana
  • Navigating limitation periods in estate litigation ; Table of authorities / Justin de Vries & Christopher Cook
  • Peace of mind, thy name is full and final release and indemnity / David Mills

Six-Minute Criminal Lawyer 2024 (April 20, 2024)

  • The rule against oath-helping / Matthew Gourlay
  • Fabrication and exculpatory evidence / Catherine Weiler
  • Cannabis Control Act and racial profiling / Hussein Aly
  • Stereotype side shuffle / Neville Golwalla, Jill Makepeace