Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
El Sherif v. Bakr (2025 ONSC 4989)
This family law case addressed income imputation, spousal and child support, equalization, and post-separation adjustments. The Court imputed incomes to both parties, ordered spousal and child support based on proportional contributions, determined an equalization payment, and directed the sale of the matrimonial home if no buyout agreement is reached.
Justice T. Engelking
Singh v. Kaur (2025 ONSC 4880)
In a parenting motion with divided success, the Court found neither party’s conduct justified a costs award. Both parties bore their own costs due to unreasonable positions, unilateral actions, and family conflict impacting the child’s best interests.
Associate Justice I. Kamal
Roy v. Legault (2025 ONSC 4844)
Le Tribunal ordonne que les enfants continuent de fréquenter leur école actuelle à Ottawa, jugeant que la stabilité et la continuité scolaire servent leur intérêt supérieur, malgré l’opposition d’un parent et des propositions alternatives.
Juge A. Kaufman
Civil Matters
Konstantonis v. Topping (2025 ONSC 4645)
The Court granted default judgment for $250,000 plus costs against a defendant who failed to respond in a motor vehicle accident case.
Justice A. London-Weinstein
Criminal Matters
R. v. Hambleton (2025 ONSC 5061)
In a summary conviction appeal, the Court clarified that acquittals from a trial found to involve bias are not void if they were not appealed, no bias was alleged against the Crown, and the issue was not raised during the appeal. Only convictions were set aside for retrial.
Justice I. Carter
R. v. Manon Rail (2025 ONSC 4945)
The Court granted a conditional discharge to a first-time offender who unlawfully entered an elderly couple’s home, citing her remorse, pro-social history, and low risk of reoffending. The sentence included probation, community service, and restitution, balancing denunciation and deterrence with rehabilitation and public interest.
Justice A. Doyle
R. v. Jodoin (2025 ONSC 4970)
The Court sentenced the Accused to time served (16 months) and probation for arson-related offences, considering her mental health, addiction issues, and mitigating factors, while emphasizing public safety, deterrence, and rehabilitation.
Justice A. London-Weinstein
R v. T.F. (2025 ONSC 4884)
The Court ruled that a constitutional challenge to section 172.1 of the Criminal Code should be heard after the trial concludes, emphasizing the need to avoid fragmented proceedings and ensure a proper factual foundation for Charter analysis. The application to hear the challenge before trial was dismissed.
Justice A. London-Weinstein
Divisional Court Decisions from Ottawa Judges
Morgenthau v. Toronto Metropolitan University (2025 ONSC 4870)
The Panel declined to hear a judicial review application challenging a university’s decision not to discipline students for signing a controversial letter, citing the availability of alternative remedies and the university’s autonomy in resolving community conflicts. Judicial review was deemed inappropriate in this context.
Justice K. Jensen
Court of Appeal Decisions of Local Interest
Lagana v. 2324965 Ontario Inc. (2025 ONCA 607)
The Court upheld that shareholder demands for audited financial statements under corporate law are subject to the two-year limitation period under the Limitations Act, 2002, as such demands constitute claims to remedy a breach of statutory rights. The appeal was dismissed, affirming the Divisional Court’s decision.
Justices L. Roberts, B. Miller, and R. Pomerance