Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Allvey-Greiss v. Greiss (2025 ONSC 4438)
In a family law dispute, the Court imposed a $10,000 penalty on the father for repeated, chronic failures to comply with financial disclosure orders, emphasizing the importance of timely and complete disclosure. Parenting and respite care issues were adjourned pending an assessment of the adult child’s capacity.
Justice M. Smith
Bonaparte v. Opthof (2025 ONSC 4435)
In a family law case, the Court allowed limited pre-trial questioning of a psychiatrist whose report was central to parenting issues. The Court found the questioning necessary to ensure fairness, clarify evidence, and narrow issues, as the information sought was not otherwise accessible and would not cause undue delay or expense.
Associate Justice I. Kamal
Civil Matters
Yasin v. Ottawa Community Housing Corporation, et. al. (2025 ONSC 4586)
In a personal injury case, the Court upheld the plaintiff’s pleadings, finding allegations of systemic failures and foreseeability relevant to the landlord’s duty of care. The defendants were ordered to provide better affidavits of documents after collaborative discovery planning, emphasizing proportionality and cooperation under the Rules.
Justice C. MacLeod
Salem et al. V. Ried (2025 ONSC 4554)
The Court ordered costs against a plaintiff for failing to attend a pre-trial conference, causing trial adjournment. Immediate costs of $1,000 were awarded to each opposing party, with additional costs for wasted trial preparation deferred until case resolution.
Justice M. Smith
V2 Investment Holdings Inc. v. Sam Mizrahi (2025 ONSC 4549)
In a loan enforcement case involving a $14 million debt, the Court awarded the lender $108,000 in substantial indemnity costs, finding the loan agreement’s cost recovery provision sufficiently clear and the requested amount reasonable given the case’s complexity and parties’ sophistication.
Justice C. Hackland
Spinney v. Fowlie (2025 ONSC 4547)
The Court awarded partial indemnity costs to the applicants after setting aside an arbitration award due to procedural unfairness. The respondent’s active opposition to the application justified the costs order, while the other respondent, who did not oppose the relief, was not liable for costs.
Justice C. Hackland
Croskery v. Pomeroy (2025 ONSC 4528)
A motion for a writ of possession was adjourned as the Court found insufficient evidence to determine whether the Residential Tenancies Act applied. The Court emphasized the need for clarity on living arrangements and tenant relationships, requiring notice to affected parties and further submissions before making a decision.
Associate Justice I. Kamal
Higgins v. Labadie (2025 ONSC 4464)
The Court adjourned a motion to approve a settlement for minor plaintiffs, citing insufficient evidence to assess its reasonableness and clarity on key issues, including quantum, solicitor-client fees, and procedural compliance. The plaintiffs must provide additional materials to address these deficiencies before the motion can proceed.
Justice S. Corthorn
Merkley v. St. Lawrence College of Applied Arts and Technology (2025 ONSC 4368)
This personal injury case examined whether the defendants breached their duty of care under the Occupiers’ Liability Act. The Court found the defendants liable, citing improper winter maintenance practices, including the ineffective use of salt in extreme cold, which failed to prevent the plaintiff’s slip and fall.
Justice C. Hackland
The Ottawa Hospital v. Hôpitel Inc. (2025 ONSC 4364)
The Court ruled that a contract’s term ended in March 2020, rejecting an alternative term as vague and unenforceable.
Justice S. Corthorn
Criminal Matters
R. v. Jean (2025 ONSC 4498)
The Court dismissed the appeal of sexual assault and criminal harassment convictions, finding no errors in credibility assessments or insufficiency in the trial judge’s reasons. The trial judge’s findings were thorough, rejecting the accused’s testimony and accepting the complainant’s evidence as credible and reliable beyond a reasonable doubt.
Justice R. Maranger
R. v. Breton (2025 ONSC 4477)
The Court sentenced the Accused to six years’ imprisonment and an eight-year driving prohibition for impaired driving causing death, emphasizing general deterrence and denunciation while considering mitigating factors like remorse and rehabilitation efforts.
Justice A. London-Weinstein
R. v. Ismail (2025 ONSC 4345)
The Court declined to rule on a consent-based NCR application, citing insufficient evidence and lack of cross-examination to clarify key issues, including the accused’s knowledge of wrongfulness and potential motive. The Court emphasized the need for fairness, thorough expert analysis, and a complete evidentiary record before reaching a conclusion.
Justice A. London-Weinstein
R v Evely (2025 ONSC 4411)
The Court dismissed an appeal challenging police authority to restrict access during protests, finding the actions lawful and Charter-compliant.
Justice P. Roger
Divisional Court Decisions from Ottawa Judges
Rowe v. College of Nurses of Ontario (2025 ONSC 4437)
The Court dismissed a motion to set aside a prior judicial review decision, finding it frivolous, vexatious, and procedurally out of time. The applicant failed to justify delays, raised unsubstantiated allegations, and demonstrated no reasonable prospect of success, warranting dismissal under Rule 2.1.
Justice M. Labrosse
Court of Appeal Decisions of Local Interest
North House Foods Ltd. (Re) (2025 ONCA 563)
A subcontractor’s appeal to revise the assessed value of its security under a bankruptcy proposal was dismissed. The Court found no error in the motion judge’s determination that the security had no realizable value. Leave to appeal was granted due to the issue’s importance but the appeal was ultimately unsuccessful.
Justices M. Tulloch, S. Pepall, and R. Pomerance