Find below recently published Ottawa decisions, available for free through CanLII.org.
Civil Matters
The Roman Catholic Episcopal Corporation v. Aviva Insurance Company (2025 ONSC 5755)
The Court dismissed a motion to quash a summons for an insurance adjuster’s examination, finding the evidence relevant to determining the proportionality and basis of document production requests in a historic liability coverage dispute. The examination was deemed necessary to resolve inconsistencies and enhance the record for the underlying motion.
Associate Justice I. Kamal
Defazio v Roy (2025 CanLII 101445)
A dispute over a home sale examined claims of breach of contract and misrepresentation. The Court awarded damages for misrepresented features, including blinds, garage doors, pool repairs, and a saltwater system, while rejecting claims for other chattels and latent defects under the principle of caveat emptor. Judgment: $10,819.89.
Deputy Judge J. Arrigo
Criminal Matters
R. v. Zagorski (2025 ONSC 5792)
The Court allowed an appeal, finding the trial judge’s frequent interjections and investigatory questioning created a reasonable apprehension of bias. A new trial was ordered to ensure fairness, with other issues, including Charter analysis, left for determination in the subsequent proceedings.
Justice A. London-Weinstein
R. v. Barber (2025 ONCJ 526)
The Court sentenced two protest leaders to conditional sentences for mischief and counselling offences, emphasizing denunciation, deterrence, and proportionality while considering mitigating factors like non-violence, cooperation, and collateral consequences.
Justice H. Perkins Mc-Vey
Divisional Court Decisions of Local Interest
City of Ottawa v Minto Communities Inc. (2025 ONSC 5764)
The Court granted leave to appeal a tribunal decision, citing administrative delay. An expedited hearing was ordered, with costs awarded at $25,000. Parties must submit an agreed schedule or attend a case management conference to ensure timely proceedings.
Justices S. Stevenson, D.L. Corbett, and G. Mew
Bala v. Vanrivong (2025 ONSC 5800)
The Court dismissed an appeal of a defamation claim, finding that workplace disputes involving federal employees fall under the exclusive jurisdiction of the grievance process outlined in the Federal Public Sector Labour Relations Act. Fresh evidence was also rejected as irrelevant or inadmissible.
Justice M. Smith
Ottawa (City) v. 154775 Canada Inc. (2025 ONSC 5709)
inclusive — writing — ordered — motion — leave
Justices H. Sachs, J. Sproat, and R. Lococo
Court of Appeal Decisions of Local Interest
KMH Lawyers v. Kasanda (2025 ONCA 694)
The Court upheld the finding of a solicitor-client relationship based on factual indicia, despite the absence of a written retainer, and dismissed the appeal. The appellants failed to demonstrate an error in the motion judge’s application of the test or her conclusion that the “heavy onus” was met.
Justices C.W. Hourigan, L. Sossin, and R. Pomerance
R. v. R.L. (2025 ONCA 691)
The Court dismissed the Crown’s appeal, finding the trial judge’s reasons for acquittal sufficient to permit meaningful appellate review. The trial judge properly applied the reasonable doubt standard, explaining her decision based on conflicting evidence and the incomplete record, despite the brevity of her oral reasons.
Justices J. Copeland, P. Monahan, and L. Madsen