Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Stever v. Lewis (2026 ONSC 2132)
In a costs decision, the Court ordered the respondent to pay $22,000 after her unjust enrichment claim failed and she rejected a settlement offer that was more favourable than the trial outcome. The Court declined to reduce costs based on her financial circumstances, citing her ability to fund litigation.
Justice J. Audet
Family and Children’s Services of Lanark, Leeds, and Grenville v. S.W. (2026 ONSC 2100)
The Court denied summary judgment in a child protection case, finding genuine issues for trial regarding the grandmother’s ability to protect the children from exposure to family violence and conflict. The matter will proceed to trial to determine the best interests of the children.
Justice A. London-Weinstein
Cook v. Chenier (2026 ONSC 2034)
In a motion to set aside a child support order, the Court found the respondent had notice, failed to comply with disclosure obligations, and did not justify his absence. The Court upheld the original order, citing insufficient grounds under procedural rules to relieve the respondent from default.
Justice M. Sirivar
Piper v. Piper (2026 ONSC 1982)
The Court ruled that spousal support was not finalized in the separation agreement, awarding retroactive and ongoing support based on compensatory and non-compensatory claims. The wife was entitled to share in the husband’s post-separation income increase, with support set at the high range of the Spousal Support Advisory Guidelines.
Justice M. Sirivar
Children’s Aid Society of Ottawa v. P.W. et al. (2026 ONSC 1827)
In a child protection case, the Court denied a request for foster care, returning Indigenous children to their parents under supervision. The decision prioritized cultural continuity, family bonds, and the least intrusive intervention, finding insufficient evidence of harm that could not be mitigated through supervision.
Justice M. Sirivar
Civil Matters
Selleck v. Stanutz (Estate) et al. (2026 ONSC 2313)
In a personal injury case, the Court upheld a $1 million settlement but reserved judgment on post-offer costs and interest.
Justice C. MacLeod
Wang et al v. Jazzar Holdings Inc. et al (2026 ONSC 2272)
The Court dismissed a motion to discharge a Certificate of Pending Litigation, finding sufficient evidence of a fraudulent property transfer intended to hinder creditors and that the balance of convenience favoured maintaining the certificate. Allegations of material non-disclosure were also rejected.
Associate Justice I. Kamal
Air Liquide Canada Inc. v. 1001020467 Ontario Corp. et. al. (2026 ONSC 2254)
The Court granted judgment for funds fraudulently diverted via email scam, awarding compensatory, punitive damages, and full indemnity costs to deter cyber-fraud and penalize reprehensible conduct.
Justice C. MacLeod
Abou-Antoun v. First Capital (Gloucester) Corporation (2026 ONSC 2224)
In a slip-and-fall case, the Court granted the defendants’ motion to adjourn the trial, citing the plaintiff’s failure to fulfill oral and documentary discovery obligations, which significantly impacted trial preparation and fairness.
Justice S. Corthorn
Condello v. Moreira (2026 ONSC 2158)
A motion for security for costs and release of sale proceeds was dismissed after being abandoned due to insufficient evidence. The court awarded costs of $6,623 to the opposing party, citing procedural deficiencies and lack of admissible evidence supporting the claims.
Justice S. Corthorn
Karam Estate v. Dr. John Mahoney et al. (2026 ONSC 2097)
The Court allowed partial amendments to a statement of claim, striking impermissible changes that introduced new causes of action or prejudicial language.
Justice M. Smith
Mississippi Mills (Town of) v. 16442676 CANADA INC (2026 ONSC 2052)
The Court granted default judgment to a municipality defrauded via email impersonation, awarding $201,285.86 in damages, $100,000 in punitive damages, and full indemnity costs. The decision emphasized deterrence of cyber-fraud and validated service by email and courier under the circumstances.
Justice C. MacLeod
Lessard v. Culic et al. (2026 ONSC 1814)
In an estate dispute, the Court ordered substantial indemnity costs against the estate trustee personally for failing to administer the estate, ignoring beneficiary inquiries, and refusing to consent to a neutral trustee appointment, necessitating litigation. The trustee’s conduct was deemed unreasonable and disrespectful to the judicial process.
Justice M. Sirivar
Melcher v. Melcher (2026 ONSC 1422)
The Court declared testamentary documents invalid as the testator lacked capacity and was unduly influenced. Earlier documents were upheld, and guardians were appointed for ongoing care and litigation.
Justice N. Somji
Criminal Matters
R. v. Jampies (2026 ONSC 2051)
The Court convicted the accused of unlawful confinement, assault, aggravated assault, and breach of probation, finding the complainant credible. However, the Crown failed to prove beyond a reasonable doubt that the accused knowingly uttered a death threat, leading to an acquittal on that charge.
Justice A. Doyle
Court of Appeal Decisions of Local Interest
V2 Investment Holdings Inc. v. Mizrahi (2026 ONCA 275)
The Court dismissed the appeal, affirming that no binding agreement to amend the loan existed and rejecting the request to convert the application to an action. Judgment was granted for the lender on the liquidated debt, with no material facts requiring a trial.
Justices J. Simmons, D. Paciocco, and P. Osborne
