Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Newell v. Frisken et al. (2026 ONSC 1602)
The Court dismissed a motion to set aside a separation agreement and related Nova Scotia order, ruling it lacked jurisdiction. The defendant’s motion for summary judgment was granted, as no genuine issue for trial was established. Costs were awarded on a partial indemnity basis.
Justice P. Roger
Zaidi v. Zaidi (2026 ONSC 1577)
The Court clarified the jurisdiction of Associate Judges in family law motions, addressing party additions, disclosure obligations, and interim orders. It added the respondent’s parents as parties, ordered financial disclosure, and granted access to a matrimonial home and safety deposit box, while deferring spousal support characterization to trial.
Associate Justice I. Kamal
Duong v. Nguyen (2026 ONSC 1484)
In a family law dispute, the Court granted the Respondent sole signing authority to complete a property sale after the Applicant failed to cooperate. The Court also ordered the distribution of sale proceeds and awarded costs to the Respondent due to the Applicant’s unreasonable conduct.
Associate Justice I. Kamal
Children’s Aid Society of Ottawa v. B.L.B. (2026 ONSC 1335)
In a child protection case, the Court ruled that federal Indigenous child welfare legislation applies, despite weak evidence of the mother’s First Nations ancestry. The decision considered the mother’s vulnerabilities and the remedial nature of the legislation, emphasizing the need for further efforts to confirm her grandmother’s status.
Justice P. MacEachern
Civil Matters
Tocholke Estate v. MacDonald et al. (2026 ONSC 1706)
A motion to dismiss an estate trustee’s claim as statute-barred was denied. The Court found that the deceased’s incapacity could toll the limitation period under the Limitations Act, 2002, despite the strict limitation period in the Trustee Act. Fraudulent concealment was deemed inapplicable.
Justice M. Smith
Will Murray & Associates v. Nader Fakih (2026 ONSC 1574)
The Court awarded substantial indemnity costs due to the Defendant’s reprehensible conduct, including misuse of client funds and obstructive litigation tactics, which unnecessarily prolonged proceedings.
Associate Justice I. Kamal
Allbert v. Champness (2026 ONSC 1481)
The Court dismissed motions for summary judgment and jurisdictional challenges, finding triable issues regarding a mutual wills agreement, property ownership, and limitation periods. The actions will proceed together, with the trial judge determining unresolved factual and legal disputes.
Justice M. Labrosse
Aenos Food Services Inc. v. Tierney et al (2026 ONSC 1478)
An order restricting discovery motions without leave was set aside due to lack of notice and opportunity for submissions, violating procedural fairness.
Justice H. Williams
IN THE MATTER OF THE PROPOSAL OF CHRISTOPHER LEMIEUX (2026 ONSC 1470)
The Court approved a consumer proposal, finding the debtor’s financial shortfall arose from uncontrollable circumstances, including a failed business impacted by the COVID-19 pandemic. The proposal met statutory requirements, was reasonable, and provided creditors with better recovery than bankruptcy. No evidence of culpable conduct justified holding the debtor responsible.
Associate Justice I. Kamal
Egan v. National Research Council of Canada (2026 ONSC 1429)
In a class action alleging PFAS contamination, the Court permitted amendments to include punitive damages, finding the claim had a reasonable prospect of success. The defendants’ cross-motion to strike the amendments was denied, and the Certification Order was updated to reflect punitive damages as a common issue.
Justice R. Smith
Hakim v. Pfizer Inc. et al (2026 ONSC 1615)
A self-represented litigant’s motion to disqualify opposing counsel was dismissed as baseless. The Court awarded $10,000 in costs for the improper use of resources and ordered no further motions before a case conference.
Associate Justice M. Fortier
Criminal Matters
R. v. Champagne (2026 ONSC 1638)
The Court accepted a joint submission for a conditional sentence, emphasizing the offender’s significant rehabilitation efforts and community support, despite the serious nature of the aggravated assault and related offences.
Justice B. Holowka
Divisional Court Decisions of Local Interest or from Ottawa Judges
Guilbeault v. Williams (2026 ONSC 1539)
A tenant’s appeal challenging a rent increase was dismissed. The Court upheld that rent paid for over 12 months is deemed lawful under the Residential Tenancies Act, even if initially unlawful, unless challenged within one year of the increase.
Justice C. MacLeod
West Carleton Community Alliance v. The City of Ottawa et al (2026 ONSC 1372)
The Court dismissed a motion to stay a zoning bylaw amendment permitting a Battery Energy Storage System, finding no irreparable harm and that the balance of convenience favoured the respondents. Portions of the applicant’s claims and affidavit evidence were struck for being improper or outside the Court’s review scope.
Justice L. Brownstone
Brooks et al v. Hogan et al (2026 ONSC 1423)
The Court upheld the Tribunal’s decision that a seasonal campground lease was exempt from the Residential Tenancies Act, as the property was intended for seasonal use only, with utilities and access restricted outside the designated season. The appellants’ arguments regarding permanent structures and annual fees were rejected.
Justice A. Doyle
Court of Appeal Decisions of Local Interest
R. v. Seangio (2026 ONCA 172)
The Court upheld the appellant’s voyeurism convictions, finding no reversible error in the application judge’s decision that the warrant authorizing the search of safes was valid. The police had reasonable grounds to believe evidence would be found, and the appellant’s Section 8 Charter rights were not breached.
Justices K. van Rensburg, D. Paciocco, and D. Wilson
Bellefeuille v. Tamarack Developments Corporation (Tamarack Homes) (2026 ONCA 170)
An appeal to reinstate a case dismissed for delay was denied. The Court found insufficient explanation for delays and inferred prejudice, emphasizing plaintiffs’ responsibility to advance litigation promptly.
Justices P. Lauwers, G. Huscroft, and S. Gomery