Find below recently published Ottawa decisions, available for free through CanLII.org.
Civil Matters
Sabarros v. Morell (2025 ONSC 6122)
A request to summarily dismiss a dependant’s relief claim was denied. The Court found the claim raised arguable issues under the Succession Law Reform Act, requiring further consideration rather than dismissal as frivolous or abusive.
Associate Justice I. Kamal
Chijindu v. Law Society of Ontario (2025 ONSC 6046)
The Court dismissed an application under Rule 2.1.01, finding it frivolous, vexatious, and an abuse of process due to repeated attempts to relitigate issues already decided, undermining judicial economy and finality.
Associate Justice I. Kamal
Clark v. Cen-Ta Real Estate Ltd et al (2025 ONSC 5759)
The Court granted leave for a shareholder to pursue a derivative action against directors for alleged self-dealing and excessive compensation, finding the applicant acted in good faith and the action was in the companies’ best interests despite overlapping oppression claims.
Justice A. Doyle
Recoskie v. Vandenheuvel et al. (2025 ONSC 5856)
In a motor vehicle collision case, the Court found no liability for the second driver, as the evidence failed to establish contributory negligence or excessive speed. The burden of proof on the insurer to show even 1% liability was not met, resulting in dismissal of the claim.
Justice J. Hooper
Caivan (Fox Run) Limited v. Gangwal et al (2025 ONSC 5604)
The Court ruled that a seller’s temporary refusal to allow MLS listing did not constitute a fundamental breach or repudiation of a real estate agreement. The buyers were not justified in terminating the contract and were held liable for damages of $106,012.93.
Justice A. Doyle
Diamond v. His Majesty the King in Right of Ontario (2025 ONSC 5831)
The Court dismissed claims of false arrest and negligent investigation, finding reasonable grounds for arrest and that a Peace Bond resolution barred the plaintiff from asserting the criminal proceedings terminated in her favour.
Justice C. Hackland
Leduc et al. V. Ottawa-Carleton Standard Condominium Corporation No. 758 et al. (2025 ONSC 5830)
The Court denied requests to appoint an administrator and inspector for a condominium corporation, finding no substantial mismanagement or misconduct. The board’s inability to meet was attributed to the applicant’s own actions, and the appointment of an administrator was deemed unnecessary as a last resort.
Justice M. Flaherty
Morrison v Reliance Home Comfort (2025 CanLII 110495)
A furnace repair service was found to have engaged in an unfair practice under consumer protection laws due to misleading advertising about stocked parts. However, the Court awarded no damages as the plaintiff failed to prove compensatory or pecuniary losses resulting from the unfair practice.
Deputy Judge J. Arrigo
Criminal Matters
R. v. Singh (2025 ONSC 4875)
The Court sentenced two offenders to concurrent conditional sentences of two years less a day for defrauding students through substandard truck driver training and falsified certifications. The sentences included house arrest, community service, and ancillary orders, emphasizing denunciation, deterrence, and proportionality while considering mitigating factors and parity with co-accused.
Justice P. Roger
R. v. Xin (2025 ONSC 5832)
The Court dismissed the Crown’s appeal, finding no legal errors in the trial judge’s assessment of uttering threats or evidence of bias. The trial judge’s questioning of the complainant and comments on potential resolution were deemed appropriate given the self-represented accused’s circumstances.
Justice A. London-Weinstein
Divisional Court Decisions of Local Interest
Rajaghatta v. Niranjan (2025 ONSC 6032)
The Court dismissed the appellant’s appeal for failing to perfect it as directed and imposed restrictions on future filings due to persistent non-compliance, vexatious conduct, and refusal to follow case management directions. The appellant’s review motion was deemed frivolous and an abuse of process.
Justice D.L. Corbett
Court of Appeal Decisions of Local Interest
R. v. Wood (2025 ONCA 746)
The Court upheld a two-year less a day sentence for art theft, finding no errors in using foreign jurisprudence to assess the theft’s cultural significance. A dissenting judge argued the sentencing judge misapplied proportionality and improperly relied on foreign cases, proposing a conditional sentence instead. Appeal dismissed.
Justices C.W. Hourigan, P. Monahan, and J. Dawe
Howell v. Sun Life Assurance Company of Canada (2025 ONCA 740)
The Court upheld the dismissal of a claim, finding it fell within the grievance process under the FPSLRA, ousting court jurisdiction.
Justices G. Huscroft, S. Coroza, and P. Monahan