Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Zychla v. Chuhaniuk (2025 ONSC 3594)
The Court determined that an Associate Justice lacks jurisdiction to order a Voice of the Child report under the Children’s Law Reform Act. The motion was referred to a judge for written determination, with parties allowed to submit supplementary evidence addressing evidentiary deficiencies.
Associate Justice I. Kamal
Joseph Nzambayulu Mboma c. Marie Mbwamuyolo (2025 ONCS 3548)
Le Tribunal a annulé un mariage, concluant que l’une des parties était déjà mariée en République démocratique du Congo et n’avait jamais divorcé. La date de séparation a été fixée au 1er avril 2018.
Juge B. Holowka
Civil Matters
Bigabo Mugunda v. Miller-Richard et al. (2025 ONSC 3836)
The Court denied substituted service through an insurer, finding insufficient evidence of impracticality and likelihood of notifying the defendant. Time for service was extended, and leave to amend the Statement of Claim was granted, as no prejudice to the defendants was established.
Associate Justice I. Kamal
Dunlap v. Williams (2025 ONSC 3708)
The Court granted a charging order for unpaid disbursements in a personal injury case but dismissed claims for other fees as statute-barred due to expired limitation periods. Interest was awarded at 3% annually, rejecting the higher rate sought by the applicants. No costs were awarded.
Justice S. Corthorn
Lesser v. Meta Platforms Inc. et. al (2025 ONSC 3778)
The Court granted a motion requiring an internet service provider to disclose subscriber information linked to an IP address. The Court determined the request met the criteria under Rule 30.10, as the information was relevant, necessary, and its absence would unfairly hinder the plaintiff’s case.
Associate Justice I. Kamal
Kakkar v. Her Majesty the Queen in Right of Ontario (2025 ONSC 3776)
A proposed class action was dismissed due to the plaintiff’s six-and-a-half-year delay in advancing the case, failing to meet court-ordered deadlines, and not filing required materials. The court found the delay contrary to the purpose of expeditious class proceedings and dismissed the claim under Section 29.1 of the Class Proceedings Act.
Justice R. Smith
Abada v. University of Ottawa (2025 ONSC 2702)
The Court dismissed a former PhD student’s claims of negligence, breach of contract, and tortious conduct against his supervisor, a university, and an assistant, finding the issues were academic in nature and previously resolved through internal university processes. The plaintiff failed to prove damages or intentional misconduct by the defendants.
Justice R. Smith
E. Automotive Inc. v. Autocorp. AI. Inc. (2025 ONSC 3629)
A shareholder’s claim of oppression due to share dilution below one-third was dismissed. The Court found no evidence of a reasonably held expectation against such dilution, emphasizing that statutory voting rights were not violated. The transaction, aimed at preventing insolvency, was deemed a valid business decision.
Justice I. Carter
Laughren v. Grant (2025 ONSC 3720)
In a Family Law Act claim, the Court ordered the plaintiff’s mother, a non-party, to produce financial and abuse-related documents, finding them relevant and necessary for assessing damages. The Court emphasized fairness, privacy considerations, and the high threshold for non-party production, awarding costs against the plaintiff.
Associate Justice K. Perron
Simms et al v. Mann Lawyers LLP (2025 ONSC 3168)
A motion to oppose a cost assessment certificate was dismissed as untimely. The applicant’s two-year delay lacked sufficient justification, and the appeal was deemed without merit. The court found no basis to extend the time for filing the motion, emphasizing the importance of finality in litigation.
Justice M. Flaherty
KE Electrical Ltd., v. Giant Tiger Stores Limited et al (2025 ONSC 3317)
In a construction lien dispute, the Court held that filing errors in setting the lien action for trial were curable under procedural rules, as the action was effectively set down within the statutory two-year deadline. The defendant’s motion to declare the lien expired was dismissed, and the plaintiff’s cross-motion to amend the trial record was granted.
Associate Justice M. Fortier
Criminal Matters
R. v. Ducic (2025 ONSC 3702)
The Court found sufficient grounds to issue a writ of habeas corpus, questioning the lawfulness of an individual’s detention. Authorities must now justify the detention, as preliminary evidence suggests it may conflict with a prior disposition order. The matter will proceed to a second stage for further inquiry.
Justice K. Phillips
R. v. Williams (2025 ONSC 3684)
The Court dismissed the appeal of an assault conviction, finding no errors in the trial judge’s credibility assessments or rejection of self-defence. The appellant’s actions were deemed unreasonable, and the complainant’s lack of consent was upheld.
Justice R. Ryan Bell
R. v. Brennan (2025 ONSC 3540)
The Court ruled that cross-examination of a police officer on prior judicial findings of Charter breaches and credibility issues was inadmissible due to limited relevance, lack of linkage, and potential prejudicial effect. However, the defence may explore the officer’s Charter training and awareness of prior rulings.
Justice A. Doyle
R. v. Randall (2025 ONCJ 337)
The Court excluded evidence obtained during a vehicle search, finding police lacked reasonable grounds under the Cannabis Control Act. The officer’s assumption that a vape pen indicated cannabis presence was insufficient, breaching the accused’s Charter rights under sections 8, 9, and 10(b).
Justice D. Berg
Court of Appeal Decisions of Local Interest
Drover v. Canada (Attorney General) (2025 ONCA 468)
The Court ruled that Section 7 of the Charter protects an individual’s choice of residence as a fundamental liberty interest. A residency requirement for election officers was found overbroad and inconsistent with the principles of fundamental justice, violating the Charter. The provision was declared unconstitutional.
Justices B. Miller, A. Harvison Young, and S. Gomery
Kim v. McIntosh (2025 ONCA 469)
The Court dismissed a father’s appeal to vary a parenting order, finding no material change in circumstances. The father’s wrongful removal risk and failure to meet obligations outweighed the children’s updated preferences, which were insufficient to justify revisiting the order. The appeal was also criticized as frivolous and financially burdensome.
Justices P. Lauwers, J. George, and J. Dawe