Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Oleinikova v. Al-Karmi (2025 ONSC 5363)
The Court ruled that the parties separated on October 5, 2022, based on evidence of irreparable marital breakdown, rejecting the husband’s claim of an earlier separation date. The decision impacts the valuation date for equalization of property under the Family Law Act.
Justice J. Audet
Ahmed v. Kauser (2025 ONSC 5303)
The Court ruled that one child’s habitual residence was Ottawa and the other’s was Mississauga. To avoid duplicative proceedings, the Court stayed the Ottawa application in favour of the earlier Brampton proceeding, noting safeguards against the risk of international child removal.
Justice A. Kaufman
Civil Matters
Morin Bros. Building Supplies Inc. v. Bond Group Ottawa 2018 Inc. et al (2025 ONSC 5561)
The Court granted summary judgment, finding the defendants liable for breach of contract and statutory trust obligations under the Construction Act. The plaintiff was entitled to damages, including interest, but was not permitted to reallocate payments contrary to the defendants’ instructions. Directors were held personally liable for trust breaches.
Justice O. Rees
AGC v. Blackett (2025 ONSC 5523)
The Court dismissed a motion for summary judgment, finding that procedural unfairness in revoking escorted temporary absences may raise a reasonable apprehension of bias and a deprivation of residual liberty, warranting further review.
Justice A. London-Weinstein
Tella v. A.B. (2025 ONSC 5488)
In a defamation case dismissed under anti-SLAPP provisions, the Court awarded the Defendant $60,795.56 in costs, emphasizing the statutory presumption of full indemnity costs and proportionality, while reducing the amount due to the Defendant’s partial success and unnecessary evidentiary submissions.
Justice I. Carter
8750297 Canada Inc. v. Ambassador Realty Inc (2025 ONSC 5479)
The Court granted relief from forfeiture, finding the tenant’s failure to provide timely written notice to renew a commercial lease was due to illness, inadvertence, and reasonable reliance on past practices. The tenant demonstrated good faith, significant investment in the premises, and prompt action upon realizing the oversight.
Justice A. Doyle
Zuccarini et al. v. Zuccarini et al. (2025 ONSC 5480)
In a contentious estate dispute, the Court appointed a neutral litigation administrator to represent the estate, rejecting a conflicted party’s proposal. The administrator’s fees will be paid by the estate or related corporations, with adjustments possible if assets are insufficient.
Justice M. Smith
Dalios et al v. Price et al (2025 ONSC 5469)
In a buy-sell dispute between shareholders of a dental practice, the Court refused to fix the practice’s value or reduce the purchase price for one party, emphasizing the parties’ agreed terms and equitable principles.
Justice M. Labrosse
St. Denis v. Intact Insurance (2025 ONSC 5416)
The Court denied a motion for summary judgment, finding that some claims against the insurer fell outside the scope of releases and limitations clauses. The case involves allegations of insufficient insurance coverage and contractor negligence, which require resolution at trial. Partial summary judgment was deemed inappropriate for efficiency and cost reasons.
Justice I. Carter
Guttin. v. Creber et al. (2025 ONSC 5008)
In an oppression remedy dispute, the Court declined to consolidate two related applications but ordered they be heard together. It also directed compliance with prior orders for audited financial statements and set timelines for their completion, emphasizing fairness, judicial efficiency, and the need to address shareholder concerns.
Justice A. Doyle
Sharif v. Minister of Public Safety and Emergency Preparedness (2025 ONSC 5221)
The Court upheld the Minister’s decision to reject a UN interim measures request, finding it reasonable and not requiring reasons, as the decision involved Crown prerogative and non-binding international obligations. The application for judicial review was dismissed, but a temporary stay of removal was granted to allow further appeals.
Justice C. Hackland
Divisional Court Decisions of Local Interest or from Ottawa Judges
Nassrallah v. McGarry (2025 ONSC 5432)
The Court granted an extension of time to file a motion for leave to appeal, applying the established four-part test. The modest delay, reasonable explanation, lack of significant prejudice, and sufficient merit to the appeal justified the extension. Costs were reserved for the leave motion panel.
Justice S. Nakatsuru
Ho v. The Corporation of the City of Ottawa and the Committee of Adjustment for the City of Ottawa (2025 ONSC 5428)
A judicial review application challenging a committee’s property severance and variance decisions was dismissed. The applicant lacked standing, and the committee met procedural fairness obligations, including providing adequate reasons. The court emphasized the limited procedural fairness owed in such cases and upheld the committee’s decisions.
Justices M. Edwards, S. O’Brien, and L. Bale
Kim v. McIntosh (2025 ONSC 5373)
A self-represented party’s motion to set aside prior decisions and seek judicial recusals was dismissed as meritless, vexatious, and an abuse of process under Rule 2.1. The court found no new facts or legal basis to justify the motion and emphasized the importance of protecting judicial resources.
Justice S. Corthorn
Court of Appeal Decisions of Local Interest
Robson v. Pellerin (2025 ONCA 680)
The Court partially allowed an appeal, adjusting post-separation credits for inheritance funds but upheld findings on loan forgiveness and spousal support. It ruled that loans forgiven before the valuation date cannot reduce net family property and emphasized deference to trial judges on spousal support determinations.
Justices J. Thorburn, J. Copeland, and S. Gomery
Singh v. Feneich (2025 ONCA 672)
This case involved a failed real estate transaction. The Court upheld the motion judge’s finding that the sellers acted reasonably in mitigating their damages by rejecting the buyer’s second offer, which lacked proof of financing. The buyer’s appeal was dismissed, and costs were awarded to the sellers.
Justices E. Gillese, L. Favreau, and M. Rahman
Iliuta v. Li (2025 ONCA 651)
In a family law appeal, the Court upheld the trial judge’s decisions on parenting, income imputation, child and spousal support, and the validity of a marriage contract. The appellant’s motion for fresh evidence was dismissed, and no errors warranting intervention were found in the trial judge’s factual or legal conclusions.
Justices B. Miller, B. Zarnett, and L. Madsen
R. c. Balan (2025 ONCA 649)
La Cour rejette l’appel d’un accusé condamné pour infractions sexuelles, concluant que le juge d’instance n’a pas erré en évaluant la crédibilité d’une plaignante ayant avoué un mensonge partiel. La peine de 15 mois d’emprisonnement est jugée appropriée malgré les conséquences en matière d’immigration.
Les juges J. Thorburn, J. Copeland, et S. Gomery
R. v. Bowie (2025 ONCA 661)
The Court denied bail pending appeal for a convicted lawyer, citing public safety risks and the need to maintain public confidence. The appellant’s weak grounds of appeal and the gravity of his offences, including threats and harassment, outweighed his compliance with prior bail conditions.
Justice G. Trotter