Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Evans v. MacPherson (2026 ONSC 1760)
In a parenting dispute, the Court rejected a request for supervised parenting time, emphasizing insufficient evidence of harm or necessity. The Court reinstated the equal parenting schedule, finding it in the children’s best interests and highlighting the importance of maintaining stability and cooperation between the parents.
Associate Justice I. Kamal
Civil Matters
Lu Estate et al. v. Qi et al. (2026 ONSC 1886)
The Court approved a settlement for a minor plaintiff in a fatal bus collision case, including fund management by her father, solicitor-client fees, and procedural orders to continue the action on behalf of a deceased plaintiff’s estate. The action was dismissed without costs.
Justice S. Corthorn
3818187 Canada Inc. v. Corporation of the Township of Russell (2026 ONSC 1876)
The Court awarded the plaintiff $18,500 in costs after it successfully opposed the defendant’s motion to dismiss for delay, finding the case had been trial-ready since 2019 and delays were not attributable to the plaintiff.
Justice C. Hackland
Swrjeski et al. v. Legris (2026 ONSC 1862)
A property dispute over adverse possession was dismissed as the applicants failed to prove their use of the land was adverse to the title holder during the relevant period. The respondents’ cross-application for absolute title was granted, and the applicants were ordered to remove their belongings.
Justice J. Hooper
Ali Abdi et al. v. Gadito et al. (2026 ONSC 1792)
A motion for settlement approval was adjourned due to non-compliance with procedural rules and deficiencies in the motion record. The Court directed the plaintiffs to file a revised record addressing issues such as excessive length, improper formatting, and insufficient legal and evidentiary summaries. Three options for proceeding were provided.
Justice S. Corthorn
Ladouceur v. Dupuis et. al. (2026 ONSC 1834)
The Court granted summary judgment dismissing claims against police, the Crown, and a former spouse, finding insufficient evidence of malice, negligence, or improper conduct in the plaintiff’s arrest and prosecution. The criminal charges’ resolution through a diversion agreement did not meet the threshold for a favourable termination required for the claims.
Justice C. MacLeod
CMLS Financial Ltd. v. Ashcroft Development Inc. et al. (2026 ONSC 1824)
In a dispute over secured lands, the Court upheld the validity of second mortgages but declined to appoint a Receiver. Instead, it authorized a 90-day private sale process, allowing the guarantor to sell the properties while preserving the lender’s rights to seek further remedies if necessary.
Justice C. MacLeod
Royal Bank of Canada v. Wendy Palma and The Estate of Brian Cormier, deceased (2026 ONSC 1744)
The Court dismissed a motion to reinstate a dismissed simplified procedure action, finding settlement discussions insufficient to justify a 17-month litigation delay. The plaintiff failed to provide robust evidence of ongoing settlement efforts or inadvertence, and the delay undermined the objectives of timely dispute resolution.
Associate Justice K. Perron
Beaulnes et. al. v. Pratt (2026 ONSC 1722)
The Court ordered a capacity assessment for a self-represented litigant with severe disabilities to determine litigation capacity, rejecting a request for exclusive written and asynchronous participation due to undue hardship and procedural fairness concerns.
Associate Justice I. Kamal
Abitbol v. Abitbol (2026 ONSC 1636)
The Court recognized and re-sealed an Israeli guardianship order, appointing the respondent’s daughter as guardian for property in Ontario, finding a real and substantial connection to Israel and no breach of natural justice or Canadian public policy. The involvement of the Public Guardian and Trustee was deemed unnecessary.
Justice A. Doyle
IN THE MATTER OF THE Bankruptcy of Martha Lorraine Beach (2026 ONSC 1614)
The Court granted a conditional discharge in a bankruptcy case, finding multiple section 173 facts, including asset insufficiency, frivolous litigation, and failure to maintain records. Conditions include a 12-month suspension, cooperation with the Trustee, and a $75,000 payment to creditors.
Justice K. Perron
Criminal Matters
R. v. A.D.S. (2026 ONSC 1598)
The Court confirmed the youth sentence for first-degree murder but expressed concern over the lack of rehabilitative programming available. A further review was ordered to ensure efforts are made to provide access to necessary services and programming, emphasizing the importance of rehabilitation in youth sentencing.
Justice N. Somji
R. v. K.K. (2026 ONSC 1626)
The Court acquitted the Accused of harassment and related charges, finding the Crown’s circumstantial evidence insufficient to prove identity beyond a reasonable doubt.
Justice P. Roger
Divisional Court Decisions from Ottawa Judges
Brooks v. Hogan (2026 ONSC 1833)
The Court upheld a tribunal’s decision that a seasonal lease agreement was excluded from the Residential Tenancies Act and awarded $5,000 in costs to the respondents, rejecting claims of exceptional circumstances warranting higher or lower costs.
Justice A. Doyle
Court of Appeal Decisions of Local Interest
Equitable Bank c. Bitchoka (2026 ONCA 232)
Un appel contestant un jugement sommaire accordant la possession d’une propriété et des dommages-intérêts pour défaut hypothécaire est rejeté. Le Tribunal conclut que les arguments de l’appelant, incluant ceux fondés sur la Charte hypothécaire canadienne, sont sans fondement. Les dépens sont accordés à l’intimé.
Les juges P. Rouleau, J. Thorburn, et L. Favreau
R. v. Hillier (2026 ONCA 202)
The Court allowed a Crown appeal, overturning a stay of proceedings for unreasonable delay. It found the trial delay fell below the 30-month Jordan ceiling after deducting additional time for exceptional circumstances related to a Supreme Court decision. The case was remitted for trial.
Justices K. van Rensburg, D. Paciocco, and D. Wilson
R. v. Starnaman (2026 ONCA 183)
The Court upheld the dangerous offender designation and indeterminate sentence for a repeat sexual offender, finding a high likelihood of reoffending and insufficient evidence that lesser measures would adequately protect the public. The appellant’s history, treatment noncompliance, and deliberate offending patterns outweighed arguments for a long-term supervision order.
Justices K. van Rensburg, J. Thorburn, and J. George