Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Children’s Aid Society of Ottawa v. K.L.C. (2026 ONSC 839)
The Court found that five children met the definition of Indigenous under both the Child, Youth and Family Services Act and the Federal Act, based on self-identification, ancestral connections, and community acceptance, emphasizing distinct evidentiary thresholds under the two legislative frameworks.
Justice M. Smith
Civil Matters
Stewart v. Mazda Canada Inc. (2026 ONSC 1038)
A proposed class action was dismissed due to prolonged delay, lack of certification, and the plaintiff’s disappearance. The Court required minimal notice to class members, citing limited public interest and minor potential claims.
Justice C. MacLeod
Khoury v. Ghani (2026 ONSC 855)
In a debt recovery case, the Court granted judgment against a non-defending co-defendant who consented to judgment. The ruling preserves the remaining defendant’s rights to defend, crossclaim, or challenge the judgment’s impact on related family law proceedings.
Justice C. MacLeod
Nazal v. Hiruy and Solomon (2026 ONSC 834)
The Court ruled that the insurer must defend a young driver in a negligence claim, appointing independent counsel due to a conflict of interest arising from the insurer’s simultaneous defence of another insured with opposing interests. The decision emphasizes the “mere possibility” standard for triggering the duty to defend.
Associate Justice I. Kamal
Ty v. Ottawa-Carleton Standard Condominium Corporation No. 1106 et al (2026 ONSC 833)
The Court ruled that cross-examinations should proceed virtually as originally agreed, rejecting the request for in-person attendance. Concerns about surreptitious recording were addressed through specific safeguards, emphasizing that virtual proceedings promote access to justice and convenience without compromising fairness.
Associate Justice I. Kamal
Carleton Condominium Corporation No. 306 c. Saint-Pierre (2026 ONCS 746)
Le Tribunal ordonne à un copropriétaire de cesser les locations à court terme contraires aux règlements, de retirer une caméra installée sans autorisation et de mettre fin à des comportements harcelants et perturbateurs affectant les autres résidents. Les dépens sont partiellement accordés à l’association de copropriétaires.
Juge O. Rees
3818187 Canada Inc. v. Corporation of the Township of Russell (2026 ONSC 6)
The Court dismissed a motion to dismiss for delay, finding that post-2018 delays were due to institutional issues and not attributable to the plaintiff. The case was ordered to proceed to trial during the next available trial blitz.
Justice C. Hackland
Criminal Matters
R. v. Matic (2026 ONSC 1042)
The Court found a s. 10(b) Charter breach due to delayed right-to-counsel caution but admitted the handgun and drugs, ruling the breach was unintentional, minimally impactful, and unrelated to the evidence’s discovery. The application to exclude evidence was dismissed.
Justice A. Kaufman
R. v. Deveaux (2026 ONSC 8)
The Court dismissed a self-represented applicant’s request for subpoenas and document production in a mandamus application, finding it a vexatious attempt to re-litigate previously adjudicated issues and an abuse of process. The Court also ruled that compelling testimony from officers would violate their constitutional rights against self-incrimination.
Justice C. Hackland
Divisional Court Decisions by Ottawa Judges
Bokhari v. Top Medical Transportation Services (2026 ONSC 1073)
A judicial review found the Tribunal’s dismissal of a discrimination claim unreasonable. The Tribunal improperly applied a merits review instead of a jurisdictional analysis, used an unjustified “balance of probabilities” standard, and failed to consider a socio-political analysis of disability under human rights law. The claim was reinstated.
Justices N. Backhouse, D. Corbett, O. Rees
Court of Appeal Decisions of Local Interest
Pederson v. Forget (2026 ONCA 118)
In a negligence case, the Court upheld the exclusion of unreliable expert evidence on slip resistance, finding no miscarriage of justice. The trial judge properly applied the White Burgess test, and the jury’s verdict on liability was supported by credibility assessments and other admissible evidence. Appeal dismissed.
Justices L. Sossin, L. Favreau, and D. Wilson
R. v. Bernier (2026 ONCA 122)
An appeal of a certiorari decision was dismissed as moot after the appellant’s guilty plea. The court also denied a publication ban request, citing insufficient risk to public interest and existing public records.
Justices G. Trotter, J. Dawe, and D. Wilson
Elizabeth Casey Cooke Family Trust v. Dioguardi (2026 ONCA 85)
A negligence claim against a solicitor for drafting errors was dismissed as an abuse of process because the alleged error could have been rectified during the probate process. The court emphasized the importance of addressing such issues at the probate stage to preserve judicial economy and finality.
Justices D. Paciocco, J. George, and P. Monahan