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

Family Matters

Markaroglu v. Looby (2026 ONSC 2711)
The Court addressed motions for disclosure and the sale of a matrimonial home, ordering specific disclosures and setting sale terms, including deadlines, listing price, and conditions for proceeds distribution.
Justice M. Labrosse

K.S. v. S.N. (2026 ONSC 2675)
In a high-conflict custody case, the Court declared both parties as parents, awarded primary residence to one, and implemented a shared parenting schedule, emphasizing the child’s best interests and the need for stability and meaningful relationships with both parents.
Justice M. Smith

Razavi v. Golzari (2026 ONSC 2686)
In a family law dispute, the Court rejected the husband’s claim that the marriage was a mere roommate arrangement. The Court upheld the wife’s entitlement to an equalization payment, finding the marriage legally valid and the statutory equalization scheme not unconscionable. The husband was ordered to pay $243,654.72.
Justice J. Audet

Bigras v. L’Abbe (2026 ONSC 2599)
In a family law costs dispute, the Court awarded $8,000 to the successful party, citing the other party’s bad faith conduct in breaching a parenting order. The award considered proportionality, reasonableness, and financial circumstances, allowing six months for payment in installments.
Justice N. Somji

Civil Matters

Sewanaku v The Ottawa Hospital et al (2026 ONSC 2859)
The Court ruled that section 137.1(5) of the Courts of Justice Act imposes a mandatory stay on proceedings, barring a hospital’s summary judgment motion from proceeding until an anti-SLAPP motion is resolved. Efficiency and prejudice arguments were rejected, and the anti-SLAPP motion will proceed as scheduled.
Associate Justice I. Kamal

Bendastos et al v. Stos (2026 ONSC 2815)
In a dispute over estate accounting, the Court ordered partial disclosure, including details on a $300,000 line of credit, and directed the parties to attend mediation before proceeding to a hearing on the passing of accounts. The Court emphasized proportionality in document requests and compliance with prior orders.
Justice A. Doyle

Ty v. Ottawa-Carleton Standard Condominium Corporation No. 1106 (2026 ONSC 2794)
An application to appoint an administrator for a condominium corporation was dismissed. The Court found no evidence of mismanagement, oppression, or inability to govern, emphasizing that such appointments are a last resort for exceptional circumstances. Costs were awarded to the respondents.
Justice R. Smith

Kasongo v. Stanley (2026 ONSC 2731)
The Court granted leave to admit a late-served expert report, finding the delay was inadvertent, caused no undue prejudice, and served the interests of justice by streamlining trial evidence.
Justice A. Doyle

Xu Estate et al. v. Qi et al. (2026 ONSC 2724)
The Court approved the settlement of claims for minor plaintiffs in a fatal bus collision, including solicitor-client fees and fund management by their father until they reach adulthood. The action and all crossclaims were dismissed without costs.
Justice S. Corthorn Continue reading →

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

Family Matters

A.B. v. C.D. (2026 ONSC 2583)
In a family law dispute, the Court dismissed a father’s motion for DNA paternity testing, finding it lacked evidentiary support and served no useful purpose. The Court emphasized the children’s best interests, rejecting the father’s motives as self-serving and potentially harmful to the children’s emotional well-being.
Associate Justice I. Kamal

Civil Matters

Wang et al. v. Qi et al. (2026 ONSC 2594)
The Court approved settlements for an injured passenger and a minor following a bus collision, including fund management plans and solicitor-client fees. The dismissal of claims against non-paying defendants was also granted, concluding the multi-party litigation.
Justice S. Corthorn

ApSimon v. Hategan (2026 ONSC 2582)
In a costs endorsement, the Court ordered the defendant to pay $27,263 on a partial indemnity scale, citing over-litigation of an anti-SLAPP motion, potential malice, and prejudice to the plaintiff in a Simplified Procedure action. The statutory presumption against costs was deemed inapplicable due to the circumstances.
Justice S. Corthorn

El Batnigi v. Attorney General of Canada (2026 ONSC 2513)
The Court struck a claim seeking declarations that Canada failed to prevent genocide in Gaza, ruling the issues non-justiciable as they involve foreign policy and Crown prerogative. The Court also found no violations of Charter rights due to insufficient causal links and lack of state-caused deprivation.
Justice C. Hackland

Wilson v. Ottawa Police Service et al. (2026 ONSC 2410)
A self-represented plaintiff’s defamation and conspiracy claims were dismissed under Rule 2.1 as frivolous, vexatious, and abusive. The Court found the claims lacked merit, targeted privileged legal submissions, and exhibited hallmarks of vexatious litigation, warranting summary dismissal
Justice P. Roger

Li v. Icentury Immigration Inc. et al (2026 ONSC 2615)
The Court denied a motion for security for costs, finding it unjust given the Defendants’ possession of disputed funds sufficient to cover potential costs and their failure to prove lost opportunity costs as self-represented litigants. Costs of $4,500 were awarded to the Plaintiff.
Associate Justice M. Fortier

Myles v. The Sport Dispute Resolution Centre of Canada (2026 ONSC 1729)
The Court upheld an arbitrator’s decision that a sports code of conduct could apply retroactively to historical misconduct, emphasizing its purpose to protect the public and ensure safe sport environments, rather than to punish past behavior. The appeal was dismissed, and the matter was remitted for further arbitration.
Justice C. Hackland

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

Family Matters

Stever v. Lewis (2026 ONSC 2132)
In a costs decision, the Court ordered the respondent to pay $22,000 after her unjust enrichment claim failed and she rejected a settlement offer that was more favourable than the trial outcome. The Court declined to reduce costs based on her financial circumstances, citing her ability to fund litigation.
Justice J. Audet

Family and Children’s Services of Lanark, Leeds, and Grenville v. S.W. (2026 ONSC 2100)
The Court denied summary judgment in a child protection case, finding genuine issues for trial regarding the grandmother’s ability to protect the children from exposure to family violence and conflict. The matter will proceed to trial to determine the best interests of the children.
Justice A. London-Weinstein

Cook v. Chenier (2026 ONSC 2034)
In a motion to set aside a child support order, the Court found the respondent had notice, failed to comply with disclosure obligations, and did not justify his absence. The Court upheld the original order, citing insufficient grounds under procedural rules to relieve the respondent from default.
Justice M. Sirivar

Piper v. Piper (2026 ONSC 1982)
The Court ruled that spousal support was not finalized in the separation agreement, awarding retroactive and ongoing support based on compensatory and non-compensatory claims. The wife was entitled to share in the husband’s post-separation income increase, with support set at the high range of the Spousal Support Advisory Guidelines.
Justice M. Sirivar

Children’s Aid Society of Ottawa v. P.W. et al. (2026 ONSC 1827)
In a child protection case, the Court denied a request for foster care, returning Indigenous children to their parents under supervision. The decision prioritized cultural continuity, family bonds, and the least intrusive intervention, finding insufficient evidence of harm that could not be mitigated through supervision.
Justice M. Sirivar

Civil Matters

Selleck v. Stanutz (Estate) et al. (2026 ONSC 2313)
In a personal injury case, the Court upheld a $1 million settlement but reserved judgment on post-offer costs and interest.
Justice C. MacLeod

Wang et al v. Jazzar Holdings Inc. et al (2026 ONSC 2272)
The Court dismissed a motion to discharge a Certificate of Pending Litigation, finding sufficient evidence of a fraudulent property transfer intended to hinder creditors and that the balance of convenience favoured maintaining the certificate. Allegations of material non-disclosure were also rejected.
Associate Justice I. Kamal

Air Liquide Canada Inc. v. 1001020467 Ontario Corp. et. al. (2026 ONSC 2254)
The Court granted judgment for funds fraudulently diverted via email scam, awarding compensatory, punitive damages, and full indemnity costs to deter cyber-fraud and penalize reprehensible conduct.
Justice C. MacLeod Continue reading →

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

Family Matters

Evans v. MacPherson (2026 ONSC 1760)
In a parenting dispute, the Court rejected a request for supervised parenting time, emphasizing insufficient evidence of harm or necessity. The Court reinstated the equal parenting schedule, finding it in the children’s best interests and highlighting the importance of maintaining stability and cooperation between the parents.
Associate Justice I. Kamal

Civil Matters

Lu Estate et al. v. Qi et al. (2026 ONSC 1886)
The Court approved a settlement for a minor plaintiff in a fatal bus collision case, including fund management by her father, solicitor-client fees, and procedural orders to continue the action on behalf of a deceased plaintiff’s estate. The action was dismissed without costs.
Justice S. Corthorn

3818187 Canada Inc. v. Corporation of the Township of Russell (2026 ONSC 1876)
The Court awarded the plaintiff $18,500 in costs after it successfully opposed the defendant’s motion to dismiss for delay, finding the case had been trial-ready since 2019 and delays were not attributable to the plaintiff.
Justice C. Hackland

Swrjeski et al. v. Legris (2026 ONSC 1862)
A property dispute over adverse possession was dismissed as the applicants failed to prove their use of the land was adverse to the title holder during the relevant period. The respondents’ cross-application for absolute title was granted, and the applicants were ordered to remove their belongings.
Justice J. Hooper

Ali Abdi et al. v. Gadito et al. (2026 ONSC 1792)
A motion for settlement approval was adjourned due to non-compliance with procedural rules and deficiencies in the motion record. The Court directed the plaintiffs to file a revised record addressing issues such as excessive length, improper formatting, and insufficient legal and evidentiary summaries. Three options for proceeding were provided.
Justice S. Corthorn

Ladouceur v. Dupuis et. al. (2026 ONSC 1834)
The Court granted summary judgment dismissing claims against police, the Crown, and a former spouse, finding insufficient evidence of malice, negligence, or improper conduct in the plaintiff’s arrest and prosecution. The criminal charges’ resolution through a diversion agreement did not meet the threshold for a favourable termination required for the claims.
Justice C. MacLeod

CMLS Financial Ltd. v. Ashcroft Development Inc. et al. (2026 ONSC 1824)
In a dispute over secured lands, the Court upheld the validity of second mortgages but declined to appoint a Receiver. Instead, it authorized a 90-day private sale process, allowing the guarantor to sell the properties while preserving the lender’s rights to seek further remedies if necessary.
Justice C. MacLeod

Royal Bank of Canada v. Wendy Palma and The Estate of Brian Cormier, deceased (2026 ONSC 1744)
The Court dismissed a motion to reinstate a dismissed simplified procedure action, finding settlement discussions insufficient to justify a 17-month litigation delay. The plaintiff failed to provide robust evidence of ongoing settlement efforts or inadvertence, and the delay undermined the objectives of timely dispute resolution.
Associate Justice K. Perron

Beaulnes et. al. v. Pratt (2026 ONSC 1722)
The Court ordered a capacity assessment for a self-represented litigant with severe disabilities to determine litigation capacity, rejecting a request for exclusive written and asynchronous participation due to undue hardship and procedural fairness concerns.
Associate Justice I. Kamal

Abitbol v. Abitbol (2026 ONSC 1636)
The Court recognized and re-sealed an Israeli guardianship order, appointing the respondent’s daughter as guardian for property in Ontario, finding a real and substantial connection to Israel and no breach of natural justice or Canadian public policy. The involvement of the Public Guardian and Trustee was deemed unnecessary.
Justice A. Doyle Continue reading →

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 →