Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Varghese v. Visram (2025 ONSC 3480)
In a family law motion, the Court denied a mother’s request for a restraining order against the father, finding no evidence of harassment or danger to her or the children. The Court emphasized the need for counselling and a parenting plan to address the children’s reluctance to interact with their father.
Justice C. Hackland
Irwin v. Miana (2025 ONSC 3460)
In a family law costs dispute, the Court awarded partial indemnity costs, considering the Respondent’s mental health as a factor against full indemnity, despite the Applicant’s more favourable settlement offer.
Justice A. London-Weinstein
McElroy v. Spence (2025 ONSC 3433)
In a motion addressing parenting time and child support, the Court found divided success and declined to award costs.
Justice A. London-Weinstein
Pruitt v. Pruitt (2025 ONSC 3405)
The Court ruled that a child’s habitual residence was Michigan before her removal to Ontario, ordering her return under the Hague Convention. Allegations of harm were insufficient to meet the grave risk exception, as Michigan courts could address protective measures.
Justice K. McVey
Grant v. Kirlew (2025 ONSC 3291)
The Court ruled that a binding settlement agreement was reached during mediation, despite the absence of a formal domestic contract. The agreement’s essential terms were clear, and the parties’ conduct confirmed their intent to be bound. The Court enforced the settlement under family law principles.
Justice B. Holowka
Civil Matters
Basnandan v. Jones (2025 ONSC 3438)
The Court found the purchasers in anticipatory breach of a commercial real estate agreement and ordered the deposit released to the vendor, rejecting relief from forfeiture as the deposit was proportionate and not unconscionable to retain.
Justice S. Corthorn
Chieffallo v. Blair (2025 ONSC 3411)
The Court confirmed the renunciation of an estate trustee, upheld the distribution of estate assets per the will, and ruled that certain properties and accounts did not form part of the estate. The trustee’s discretion in distribution was upheld, and claims of intermeddling and non est factum were rejected.
Justice R. Ryan Bell
In the Estate of William McGarry, deceased (2025 ONSC 3299)
The Court rejected a request to dismiss an application challenging a suspicious will and life insurance designations. Instead, it appointed neutral third-party trustees to manage the estate during litigation, citing potential conflicts of interest and the need for procedural fairness. Directions for further proceedings were also issued.
Justice M. Smith
Sunday Irving Holdings Inc. v. La Succession de Seymour Mender et al. (2025 ONSC 2745)
The Court struck claims against condominium directors for lack of specificity but allowed the plaintiff to amend pleadings to address deficiencies, including allegations of bad faith and breach of statutory duties under the Condominium Act. A motion for document production was largely dismissed due to privilege and irrelevance.
Justice A. Doyle
Meehan et al v. Good et al (2025 ONSC 3347)
In a negligence case, the Court restricted the plaintiffs’ claims to an improvident settlement theory, excluded late-served expert reports, and limited duplicative expert testimony to ensure fairness and efficiency in trial proceedings.
Justice A. Kaufman
Criminal Matters
R. v. Beseiso (2025 ONSC 3357)
The Court dismissed an application for a stay of proceedings under section 11(b) of the Charter, finding that delays attributable to the defence and exceptional circumstances reduced the total delay to 27.5 months, below the 30-month presumptive ceiling for Superior Court cases.
Justice I. Carter
R. v. B.B. (2025 ONSC 3298)
The Court sentenced the Accused to nine and a half years for sexual offences against two children, emphasizing the gravity of repeated abuse, breach of trust, and lack of remorse. The sentence includes delayed parole eligibility and ancillary orders to protect the public and reflect denunciation and deterrence.
Justice K. McVey
R. v. Mashkor (2025 ONSC 3181)
The Court denied bail for the Accused, charged with second-degree murder of his infant daughter, citing an unsuitable surety, risks of interference with witnesses, and the need to maintain public confidence in the administration of justice.
Justice J. Parfett
R. v. O.W. (2025 ONSC 2922)
In a first-degree murder trial, the Court found insufficient circumstantial evidence to identify the accused as the second shooter or prove they counselled the offence. Gaps in motive, animus, and identification evidence created reasonable doubt, leading to an acquittal.
Justice K. McVey
Court of Appeal Decisions of Local Interest
R. v. Picard (2025 ONCA 417)
The Court upheld a first-degree murder conviction, finding sufficient evidence of active participation in a robbery-turned-murder and proper jury instructions on constructive first-degree murder under the Criminal Code.
Justices S. Gomery, J. Dawe, and D. Wilson
Ontario Federation of All Terrain Vehicle Clubs v. Ireland (2025 ONCA 411)
The Court dismissed an appeal challenging a defamation judgment, finding no procedural unfairness despite the appellant’s non-participation and rejecting arguments about notice obligations and misnomer. The original judgment, including injunctive relief and costs, was upheld.
Justices B. Miller, D. Paciocco, and S. Coroza
Cadieux v. Cadieux (2025 ONCA 405)
The Court upheld a Pierringer agreement in a multi-party motor vehicle accident case, emphasizing the public interest in encouraging settlements over speculative prejudice to non-settling defendants. The agreement’s terms did not violate the Negligence Act or create substantive prejudice warranting its rejection. Appeal dismissed.
Justices J. George, L. Favreau, and S. Gomery
Kazi (Re) (2025 ONCA 375)
An appeal of a detention order was dismissed as moot because a subsequent disposition superseded the original, leaving no live issue. The court found no broader legal importance or reason to depart from the general rule against deciding moot cases.
Justices M. Tulloch, L. Roberts, and P. Monahan