Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Deschamps v. Deschamps (2025 ONSC 4737)
The Court granted sole decision-making responsibility and primary residence of two children to their mother, citing the father’s history of violence, emotional dysregulation, and inability to prioritize the children’s best interests. The father was granted unsupervised parenting time, with conditions to ensure stability and minimize conflict.
Justice J. Audet
Amaral v. White (2025 ONSC 4636)
In a family law dispute, the Court awarded partial costs of $18,500 to the Applicant, reflecting their majority success but accounting for divided outcomes and unresolved time allocation in legal fees.
Justice I. Carter
Civil Matters
Robert R. Ng. v. Hao Ji Tang, formerly known as Joseph Hokai Tang (2025 ONSC 4740)
The Court allowed the issuance of an alias writ of seizure and garnishment against a debtor using multiple aliases to evade enforcement of a decade-old judgment, citing the interests of justice and the debtor’s fraudulent conduct.
Associate Justice I. Kamal
Eaman v. Banford (2025 ONSC 4712)
The Court denied an application to appoint a daughter as estate trustee, finding her motives conflicted with the estate’s interests and revisiting a settled matter would constitute an abuse of process.
Justice C. Hackland
Moghadam v. Moghadam (2025 ONSC 4695)
The Court upheld the validity of a trust and will but removed the trustee due to a conflict of interest. The trustee retained her role as Estate Trustee and director of the family business but was replaced as trustee of the trust shares.
Justice C. MacLeod
Royal Bank of Canada v. Regis Ainbinder (2025 ONSC 4681)
The Court emphasized that notices demanding possession must include judgment particulars to ensure clarity and compliance with procedural rules.
Associate Justice K. Perron
Butt et al. v. The Estate of Robert John Kelly et al. (2025 ONSC 4646)
The Court ordered the production of a solicitor’s records under the wills exception to solicitor-client privilege, finding the documents relevant to determining the deceased’s intentions and susceptibility to undue influence in estate planning. The solicitor was also permitted to be examined regarding the legal services provided.
Justice M. Smith
Bolan v. Avilisatos et. al. (2025 ONSC 4700)
In a construction dispute, the Court found the defendants liable for defective work and awarded the plaintiff damages after the defendants failed to appear at trial, abandoning their defence. The plaintiff was entitled to a refund, demolition costs, and damages for inconvenience, with costs awarded jointly and severally.
Justice C. MacLeod
Smith v. Nagy (2025 ONSC 4629)
A defamation case involving allegations of abuse and sexual assault in a public Facebook post. The Court found some statements defamatory, awarded $40,000 in damages, and ordered their removal, while others were deemed truthful or fair comment. Claims of sexual assault and counterclaims for defamation and sexual battery were dismissed.
Justice M. Labrosse
Abada v. University of Ottawa (2025 ONSC 4596)
The Court awarded $155,000 in costs against a self-represented plaintiff for pursuing unfounded claims, making improper allegations, and unnecessarily prolonging proceedings, including adding a former friend as a defendant for refusing to provide false evidence. Substantial indemnity costs were denied, but partial indemnity costs were increased due to misconduct.
Justice R. Smith
Texeira v. Breau (2025 ONSC 4550)
A motion for summary judgment on a promissory note was denied as related claims involving rescission and damages remain unresolved, and proceeding could lead to conflicting findings. The court deferred consolidation and cost decisions to the trial judge.
Justice C. Hackland
In the Matter of The Proposal Raven Wendy Suzann Farrow (2025 ONSC 4665)
A creditor’s motion to lift a stay of proceedings was granted, allowing a tribunal to determine a landlord-tenant dispute and value the creditor’s contingent claim. Other relief sought by the creditor was dismissed, as the tribunal was deemed the proper forum for resolving the matter.
Justice K. Perron
Criminal Matters
R. v. Hambleton (2025 ONSC 4626)
The Court set aside convictions and ordered a new trial, finding the trial judge’s extensive questioning of the accused created a reasonable apprehension of bias by aligning with the Crown’s case and undermining the appearance of neutrality.
Justice I. Carter
R. v. MacDonald (2025 ONSC 4582)
The Court qualified an expert to testify on the impact of the Accused’s extremist propaganda, finding the evidence relevant, necessary, and minimally prejudicial.
Justice R. Smith
R. v. Lam (2025 ONSC 4541)
The Court ruled that a treating psychiatrist could testify as a participant expert on the accused’s mental health diagnosis and treatment, finding the evidence relevant, necessary, and reliable. Parameters were set to prevent prejudice, ensuring the jury would not improperly compare this evidence with that of a litigation expert.
Justice N. Somji
R. v. Lam (2025 ONSC 4539)
The Court admitted hospital records as business records and allowed expert psychiatric evidence on the accused’s mental health, finding both relevant and probative for issues of intent, motive, and self-defence. Concerns about hearsay and prejudice were addressed through jury instructions and the trial process.
Justice N. Somji
R. v. Lam (2025 ONSC 3940)
The Court ruled that expert evidence on Vietnamese cultural and familial norms is admissible to assist the jury in understanding the accused’s state of mind, credibility, and potential self-defence claims. The evidence’s probative value outweighed any prejudicial effect, ensuring a fair trial by addressing cultural stereotypes.
Justice N. Somji
Court of Appeal Decisions of Local Interest
Ottawa Community Housing Corporation v. Sloan Valve Company (2025 ONCA 586)
The Court upheld the dismissal of claims against a manufacturer for breach of implied warranty and negligence, ruling that manufacturers not directly selling goods cannot be liable under the Sale of Goods Act, and pure economic loss from non-dangerous defective products is not recoverable in negligence.
Justices E. Gillese, L. Roberts, and S. Coroza
R. v. Maadani (2025 ONCA 582)
The Court dismissed an appeal of a second-degree murder conviction, rejecting fresh evidence as not credible and affirming the trial judge’s jury instructions on self-defence and post-offence conduct. The sentence of life imprisonment with 14 years of parole ineligibility was upheld as fit.
Justices K. van Rensburg, G. Huscroft, and J. Copeland