Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Chomba v. Bashitsi (2025 ONSC 6926)
The Court granted the mother primary residence and final decision-making authority for the children, citing stability, communication, and the father’s employment uncertainties. Parenting time was adjusted to reflect the children’s best interests, with gradual increases for the father as circumstances evolve. Costs were awarded to the mother.
Justice P. Roger
Robler v Menchini (2025 ONSC 6760)
A self-represented applicant’s urgent motion for child support was dismissed. The Court found insufficient evidence of dire financial circumstances and ruled that proceeding without notice was unwarranted.
Associate Justice I. Kamal
A.B. v. F.J.S. (2025 ONSC 6741)
In a high-conflict parenting dispute, the Court awarded sole decision-making responsibility and primary parenting time to the mother, citing the father’s abusive and controlling behaviour, refusal to comply with court orders, and actions contrary to the children’s best interests. Financial and property issues were also resolved, including unequal division of certain debts.
Justice M. Smith
Dr. Vhari James v. S.DS. (2025 ONSC 6732)
The Court granted a secure treatment order for a child with severe mental health disorders, finding all statutory criteria met, including the necessity of secure treatment to prevent self-harm and the lack of less restrictive alternatives. The child will be committed to a secure treatment program for 180 days.
Justice M. Smith
Civil Matters
Marti Lantaigne et al. v. Whitten & Lublin Professional Corporation et al (2025 ONSC 6981)
In a procedural dispute, the Court set aside default notations against defendants and prohibited plaintiffs from pursuing default judgments until motions to strike are resolved, emphasizing fairness, procedural integrity, and the need to address jurisdictional issues.
Associate Justice I. Kamal
Spiegelman v. Avantia et al (2025 ONSC 6970)
In a wrongful dismissal case, the Court ruled that mediation should proceed by videoconference, absent compelling evidence favoring in-person attendance. The decision emphasized efficiency under simplified procedure rules and discouraged unnecessary motions when case conferences suffice.
Justice C. MacLeod
Buis v. Keurig Canada Inc. (2025 ONSC 6875)
The Court approved a national class action settlement regarding misleading claims that coffee pods were recyclable. The settlement provides nominal compensation to class members, reflecting the limited damages, and includes a fund for unclaimed amounts to be donated to charity. The settlement was deemed fair, reasonable, and in the class’s best interests.
Justice C. MacLeod
Wilson v. Borden Ladner Gervais LLP (2025 ONSC 6863)
endorsement — bias — costs — strike — appearance
Justice A. London-Weinstein
Sebanc Estate (Re) (2025 ONSC 6894)
The Court dismissed applications for dependant’s relief and estate trustee removal, finding the estate insolvent and the trustee’s actions reasonable.
Justice O. Rees
equest Office Services Inc. v. Mullai (2025 ONSC 6862)
In a procedural dispute, the Court ruled that examinations for discovery should proceed despite unresolved production issues, emphasizing efficiency and the potential to resolve disputes during discovery. The Court vacated a scheduled motion and established a timetable for next steps, ensuring a smooth transition of the case to a new jurisdiction.
Associate Justice K. Perron
Meehan et al v. Good et al (2025 ONSC 6730)
In a solicitor’s negligence case, the Court ordered costs of $262,500 against the estate and a party under disability, finding the litigation guardian acted responsibly and should not bear personal liability. The decision emphasized the policy of encouraging individuals to act as litigation guardians while holding parties accountable for litigation risks.
Justice A. Kaufman
Ebadi vs Fosters and Oakwood (aka Navan Realty) (2025 ONSC 6860)
The Court struck portions of a reply pleading for improperly introducing new allegations and evidence, emphasizing strict compliance with procedural rules governing pleadings. A revised timetable was set, and further motions to amend pleadings were prohibited without leave. Costs of $1,500 were awarded to the defendants.
Associate Justice K. Perron
Criminal Matters
R. v. Fasan (2025 ONSC 6797)
The Court excluded evidence from a vehicle and residence search, finding police violated the Accused’s Charter rights by conducting an unreasonable warrantless search and relying on insufficient grounds for a residence warrant. The breaches were deemed serious, outweighing society’s interest in admitting the evidence.
Justice N. Somji
R. v. Fasan (2025 ONSC 6617)
The Court convicted the Accused of sexual assault, assault, and firearms offences, emphasizing the complainant’s credibility and rejecting the Accused’s testimony. The Court acquitted on one sexual assault count due to jurisdictional limits and insufficient evidence of choking.
Justice N. Somji
Divisional Court Decisions of Local Interest
Canada Post Corporation v. Canadian Postmasters and Assistants Association (2025 ONSC 6469)
The Court upheld an arbitrator’s decision that overpayments to employees were not recoverable due to estoppel and collective agreement interpretation, emphasizing the arbitrator’s expertise and reasonable application of equitable principles in the labour context. The employer’s judicial review application was dismissed.
Justices H. Sachs, W. Matheson, and S. Shore
Calmes v. Beauchamp (2025 ONSC 6576)
The Court dismissed an appeal challenging a reduction in post-judgment interest on child support arrears, finding the judge acted within their discretion under statutory provisions and based on the payor’s financial circumstances and market interest rate changes. No error of law or palpable and overriding error of fact was identified.
Justices J. Ramsay, S. Dunphy, and S. O’Brien