Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Runolfson v. Runolfson (2025 ONSC 2434)
In a family law dispute, the Court ordered the immediate sale of a jointly owned cottage under the Partition Act, rejecting the father’s request to delay the sale until equalization was resolved. The Court found no prejudice to either party and set conditions for the sale process.
Justice N. Somji
Civil Matters
Mitton v. Ministry of Transportation (2025 ONSC 2645)
In a motor vehicle collision case, the Court awarded significant costs to the plaintiff, finding the defendant and third party acted unreasonably by prolonging litigation and disputing a reasonable settlement. The defendant’s insurer’s insistence on third-party contribution and the third party’s refusal to accept the settlement were key factors.
Justice J. Hooper
Ontario Federation of All Terrain Vehicle Clubs v. Ireland (2025 ONSC 2639)
A motion to set aside a default judgment in a defamation case was dismissed. The Court found the moving party intentionally ignored the process, failed to provide a reasonable explanation for non-attendance, and did not demonstrate a valid defence.
Justice C. MacLeod
Township of Greater Madawaska v. Desjardins (2025 ONSC 2624)
The Court dismissed a motion to bifurcate liability and damages in a Rule 76 proceeding, finding it would double trial time, prejudice the property owners, and fail to simplify or reduce costs in the litigation.
Justice J. Hooper
Nadeau v. 2125245 Ontario Inc. (2025 ONSC 2598)
In an estate dispute, the Court denied interim support to the deceased’s common-law spouse, finding her financial needs met until the hearing. However, the Court ordered her to pay occupation rent and utilities for residing rent-free in a property owned by a corporation, citing unjust enrichment.
Justice I. Carter
Samura v. Scott (2025 ONSC 2564)
In a personal injury case, the Court denied a motion to amend the claim to proceed under simplified procedure. The Court found the amendment would unfairly prejudice the defendant and constituted a tactical abuse of process, as the plaintiff pursued ordinary litigation for six years before seeking this change.
Justice C. MacLeod
Eid v. Attorney General of Canada (2025 ONSC 2555)
The Court struck the plaintiff’s claim, finding he lacked legal capacity to sue as the property belonged to a bankrupt corporation. The pleading’s deficiencies, including failure to name a Crown servant and expired limitation periods, were deemed irremediable. The action was dismissed with costs awarded to the defendant.
Justice S. Corthorn
Rothmar Holdings Inc. v. The City of Cornwall (2025 ONSC 2536)
The Court declined to award costs in building permit appeals, citing insufficient fact-finding, inability to assess relative success, and the inappropriateness of investigating merits solely for costs determination.
Justice S. Corthorn
Egan v. National Research Council of Canada (2025 ONSC 2533)
The Court adjourned a motion to amend a certification order to include punitive damages as a common issue, requiring the plaintiffs to first amend their pleadings to clarify the basis of their claim and allow the defendant an opportunity to respond.
Justice R. Smith
Miller Desjardins v. JF Lajoie Construction Inc. et al (2025 ONSC 2522)
A home inspector was found negligent and liable for misrepresentation after failing to report significant visible deficiencies in a property. The plaintiffs reasonably relied on the inspection report, leading to damages for repair costs. The court awarded $64,211.80 for foundation, roof, and window repairs.
Justice M. Flaherty
Okoh et. al. v. Okoye et. al. (2025 ONSC 2509)
The Court dismissed an anti-SLAPP motion, finding that defamatory social media posts about workplace disputes did not qualify as public interest expression. The defamation claims had substantial merit, and the defendants lacked valid defences, allowing the plaintiffs to proceed with their action.
Justice C. MacLeod
Ebadi et al v. Foster et al (2025 ONSC 2463)
In a real estate dispute, the Court allowed amendments to the claim for additional damages but awarded $15,000 in costs thrown away to the defendants due to the expanded scope of litigation and duplication of steps. A timetable for disclosure and discoveries was also established.
Justice M. Flaherty
Criminal Matters
R. v. Gelencser (2025 ONSC 2663)
The Court ruled that recognition evidence from a witness familiar with the accused and a deceased individual is admissible. The witness’s prior acquaintance and specific knowledge of the individuals involved make her better positioned than the jury to identify them in videos. The probative value outweighs any prejudicial effect.
Justice L. Bramwell
Court of Appeal Decisions of Local Interest
Integrated Team Solutions PCH Partnership v. Mitsubishi Heavy Industries, Ltd. (2025 ONCA 297)
The Court upheld Ontario’s jurisdiction in a tort dispute involving foreign corporations, finding no enforceable forum selection clause and no error in the motion judge’s analysis. The appellants failed to prove the clause’s validity or applicability, and Ontario was deemed the appropriate forum for the claims.
Justices M. Tulloch, S. Pepall, and R. Pomerance