Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
M.K. v. K.A. (2025 ONSC 6294)
The Court granted sole decision-making responsibility and primary residence to the mother, set parenting time for the father, and ordered retroactive and ongoing child support based on imputed and declared income, prioritizing the child’s best interests.
Justice O. Rees
Civil Matters
Melcher v. Melcher (2025 ONSC 6567)
The Court ordered a capacity assessment under the Substitute Decisions Act, finding reasonable grounds to question an elderly respondent’s cognitive capacity and vulnerability to exploitation, despite prior assessments and objections. The assessment will address her ability to manage personal and financial affairs, execute legal documents, and instruct counsel.
Justice N. Somji
McGrath v. Effinger et al (2025 ONSC 6439)
A claim for passing of accounts and restitution was dismissed as statute-barred and unsupported by evidence of a fiduciary relationship. The court found the respondents acted as friends, not trustees, and the applicant failed to prove misappropriation or incapacity of the grantor.
Justice N. Somji
Capital Excavating Corp v. Sandlot Capital Inc. et al. (2025 ONSC 6424)
The Court awarded costs against a solicitor who failed to investigate a clearly unfounded construction lien, breaching their gatekeeping duty under the Construction Act. The solicitor’s wilful blindness to red flags, including unsupported claims for extras, led to joint and several liability for the defendants’ costs.
Justice A. Kaufman
Stevens v. City of Ottawa et al. (2025 ONSC 6335)
The Court approved settlements for two minor plaintiffs injured in a bus collision, finding the amounts reasonable and in their best interests. Structured settlements were also approved to manage the funds, ensuring guaranteed payments over time without financial prejudice to the minors.
Justice S. Corthorn
City of Ottawa v. Rideau Transit Group General Partnership (2025 ONSC 6396)
In a construction contract dispute, the Court ordered the defendant to produce extensive internal and board-level documents, finding them relevant and proportionate under discovery rules, despite objections about burden and confidentiality. The ruling emphasizes broad disclosure obligations in high-stakes litigation involving significant damages.
Associate Justice K. Perron
Clayton et al v. Mckendry et al (2025 ONSC 6186)
The Court declined to strike a defendant’s pleadings despite non-compliance with prior orders, citing proportionality and prompt remedial actions. Instead, it extended compliance deadlines, ordered costs against the defendant, and directed the case to proceed on its merits with a timetable for further steps.
Associate Justice M. Fortier
Criminal Matters
R. v. Brennan (2025 ONSC 6116)
The Court excluded firearm and drug evidence due to breaches of the Accused’s Charter rights under sections 8, 9, and 10(a). The traffic stop was deemed arbitrary, the search lacked reasonable grounds, and the Accused was not properly informed of their right to counsel. Charges were dismissed.
Justice A. Doyle
R. v. A.B. (2025 ONSC 6359)
The Court acquitted the Accused of sexual assault, finding the complainant’s recovered memory evidence unreliable and circumstantial evidence insufficient to prove guilt beyond a reasonable doubt.
Justice O. Rees