Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Lacroix v. Plouffe (2026 ONSC 523)
A property ownership dispute was transferred to Family Court, as the issues of title and unjust enrichment arose from a conjugal relationship, falling under Family Court jurisdiction. The court outlined legal principles and evidence but made no findings of fact, reserving costs for the trial judge.
Justice A. Doyle
Children’s Aid Society of Ottawa v. J.A. et al (2026 ONSC 515)
In a child protection case involving Indigenous children, the Court dismissed the Society’s motion for foster care placement, finding the Mother had addressed safety concerns. The children were returned to her care under a supervision order, emphasizing cultural continuity, family bonds, and the children’s best interests.
Justice M. Smith
Civil Matters
RSR Road Surface Recycling v Bonnechere Excavating et al. (2026 ONSC 698)
In a construction lien dispute, the Court refused to dismiss the action for delay but required the plaintiff to post $190,000 as security for costs due to financial instability. The Court also addressed improper use of AI in legal submissions, reserving potential cost consequences.
Justice J. Hooper
Will Murray & Associates v. Nader Fakih (2026 ONSC 657)
In a dispute between a law firm and a former partner, the Court ordered the production of documents despite claims of solicitor-client privilege, finding the documents relevant and within the “circle of privilege,” with safeguards to protect client confidentiality.
Associate Justice I. Kamal
Gebremariam v. Menghesha (2026 ONSC 545)
The Court ruled that an electronic document can be validated as a will under Ontario’s Succession Law Reform Act if it meets the statutory requirements, rejecting the argument that such validation is prohibited by the interplay with the Electronic Commerce Act.
Justice S. Corthorn
The Ottawa Hospital v. Hôpitel Inc. (2026 ONSC 596)
The Court awarded substantial indemnity costs of $99,855 to the applicant, citing the respondent’s inconsistent positions and failure to engage in meaningful settlement discussions, which prolonged litigation unnecessarily.
Justice S. Corthorn
Huismans v. Huismans (2026 ONSC 462)
The Court upheld a consent order requiring a share sale between brothers in a family business dispute, rejecting attempts to alter terms to an asset sale. The Court authorized the sale of assets to third parties after one brother failed to exercise his purchase rights.
Justice S. Kershman
Criminal Matters
R. v. Freeman (2026 ONSC 441)
The Court convicted the Accused of assault causing bodily harm, impaired operation, and exceeding the legal blood alcohol limit. The Court rejected the self-defence claim, finding the Accused was the aggressor, and dismissed post-incident drinking evidence as implausible, affirming the Crown’s case beyond a reasonable doubt.
Justice K. McVey
Divisional Court Decisions from Ottawa Judges
Paragon Protection Ltd. v. Tamstu-Harjon Holdings of Canada (2026 ONSC 575)
The Court upheld the dismissal of an oppression claim, finding the appellants were not “proper complainants” under the OBCA. It ruled that potential creditor status and allegations of breached expectations were insufficient to meet the statutory threshold, emphasizing that not all contractual disputes qualify as oppression claims.
Justices W. Matheson, S. O’Brien, and A. Kaufman
Sevenplex Developments Inc. v. Mazzen Holdings Inc. (2026 ONSC 549)
The Court upheld the dismissal of two actions for delay, finding the plaintiff failed to provide an acceptable explanation for prolonged inaction and did not advance the cases meaningfully within prescribed timelines. The motions judge’s application of the Henderson test and discretionary findings were deemed appropriate. Appeal dismissed.
Justices H. Sachs, S. O’Brien, and A. Kaufman
Court of Appeal Decisions of Local Interest
Munyal v. Baldwin (2026 ONCA 52)
The Court upheld the enforcement of a settlement agreement, finding no error in the motion judge’s conclusion that the appellant’s lawyers had authority to settle. Disputes over lawyer authority and alleged unfair treatment did not justify setting aside the agreement. The appeal was dismissed with costs awarded to the respondent.
Justices L. Roberts, S. Coroza, and M. Rahman
Farmer v. Farmer Estate (2026 ONCA 50)
The Court dismissed an appeal challenging findings of donative intent, estate administration fees, and costs. It declined to reweigh evidence or interfere with the trial judge’s conclusions, including the faithful discharge of duties by the estate administrator. Costs were awarded on a substantial indemnity basis.
Justices B. Miller, P. Monahan, and R. Pomerance
Yates v. Iron Horse Corporation (2026 ONCA 38)
The Court dismissed a $2.5 million defamation counterclaim, finding insufficient evidence of harm or causation under the anti-SLAPP framework. It emphasized the public interest in protecting expression about harassment and rejected the counterclaim as a strategic lawsuit against public participation (SLAPP). Damages and costs were awarded to the appellant.
Justices J. Simmons, P. Rouleau, and S. Pepall