Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Naboulsi v. Naboulsi (2026 ONSC 178)
The Court dismissed a request for an urgent motion to vary parenting orders, finding no immediate risk despite past mental health episodes. It emphasized avoiding stigma, recognizing stability, and supporting safety plans while discouraging self-help remedies and stereotyping in parenting disputes. Existing parenting arrangements remain in effect.
Associate Justice I. Kamal
Civil Matters
Desormeaux v. Oloko (2026 ONSC 162)
The Court granted leave to commence a derivative action, finding the applicant acted in good faith and met statutory requirements.
Justice R. Smith
Binio v Kotarak (2026 CanLII 2667)
The Court denied a request for a Certificate of Pending Litigation and a Preservation Order, finding damages sufficient to address the plaintiff’s claims. The Court emphasized the lack of evidence supporting the plaintiff’s financial contributions and the significant prejudice to the defendant if the certificate were granted.
Justice A. Kaufman
Cassan v. Giroux (2026 ONSC 330)
The Court awarded a dependant lump sum and annuity support from an estate, balancing her needs with the testator’s intentions. It also ruled one property was held in trust for a son and excluded from the estate, while another remained an estate asset.
Justice H. Williams
ApSimon v. Hategan (2026 ONSC 300)
The Court dismissed an anti-SLAPP motion, finding the plaintiff’s defamation claim had merit and the public interest in allowing the lawsuit outweighed protecting the defendant’s expressions about alleged misconduct in competitive sports. The decision emphasized reputational harm and the absence of evidence suggesting the lawsuit was intended to stifle public debate.
Justice S. Corthorn
In the Matter of the Bankruptcy of Mark David Dietrich (2026 ONSC 370)
The Court granted the bankrupt a discharge, finding no evidence of fraud or improper transactions. Creditor objections were dismissed due to procedural failures and lack of evidence. The discharge was subject to a 10-day suspension, reflecting section 173 facts under the Bankruptcy and Insolvency Act.
Associate Justice K. Perron
Volmar v. Van Schnydel et al. (2026 ONSC 251)
The Court dismissed a request for a partial summary judgment motion, citing risks of inconsistent findings, unresolved credibility issues, and inefficiency. The motion was deemed premature due to an incomplete evidentiary record, with the Court emphasizing that such motions should only proceed when they promote justice and efficiency.
Associate Justice I. Kamal
Hosseinlou v. University of Ottawa (2025 ONSC 7244)
The Court ordered a self-represented plaintiff to pay $42,700 as security for costs, finding insufficient Ontario assets and residency outside the province. The plaintiff failed to prove that such an order would be unjust.
Justice S. Corthorn
Re Estate of Gilmour Patrick Bruce Gannon (2025 ONSC 7251)
The Court set aside an order dispensing with a bond for an estate trustee, finding creditors’ claims warranted security to protect potential liabilities. The trustee’s failure to disclose material financial information influenced the decision to require a bond under the Estates Act.
Justice M. Fraser
Criminal Matters
R. v. Aspenlieder (2026 ONSC 281)
The Court sentenced the Accused to five months in custody and 24 months probation for defacing the National Holocaust Monument. While not motivated by hate, the act caused significant harm to the Jewish community. The Court emphasized denunciation and deterrence but considered mitigating factors, including mental health and collateral consequences.
Justice A. London-Weinstein
R. v. Osman (2026 ONSC 124)
The Court found a breach of the accused’s right to be tried within a reasonable time. Delays caused by late disclosure, scheduling issues, and lack of exceptional circumstances exceeded the presumptive ceiling. The case was not particularly complex, and a stay of proceedings was the only available remedy.
Justice I. Carter
Divisional Court Decisions of Local Interest
1995636 Ontario v. 5010729 Ontario (2026 ONSC 284)
The Court dismissed the appeal, upholding findings of fraud and breach of contract by a project manager, discharging their lien, and awarding damages to the respondent. The trial judge’s decisions on procedural fairness, credibility, and fraud intent were deemed reasonable and supported by evidence.
Justices S. Nakatsuru, S. O’Brien, I. Smith
City of Ottawa v. MacEwen Petroleum Inc. (2025 ONSC 6955)
The Court held that neither the Expropriations Act nor the Courts of Justice Act permits awarding interest on costs before a tribunal’s order. The Tribunal’s decision to award such interest was overturned, and interest was limited to post-order payments. The appeal was allowed, and the cross-appeal dismissed.
Justices S. Nakatsuru, S. O’Brien, I. Smith
Air Canada v. Landry (2026 ONSC 222)
The Court upheld compensation for passengers delayed and denied boarding, finding the airline failed to rebook or mitigate damages. It clarified the application of the Montreal Convention and Air Passenger Protection Regulations, rejecting the airline’s arguments on delay compensation and jurisdictional limits for small claims appeals.
Justice I. Carter
Court of Appeal Decisions of Local Interest
R. v. J.H. (2026 ONCA 16)
The Court upheld the trial judge’s finding that a 21.5-month delay was justified due to case complexity and exceptional circumstances, applying the framework from Jordan. The trial judge’s qualitative assessment of complexity, including procedural issues and trial length, was entitled to deference. The appeal was dismissed.
Justices L. Favreau, J. Copeland, and J. Dawe