Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Markaroglu v. Looby (2026 ONSC 2711)
The Court addressed motions for disclosure and the sale of a matrimonial home, ordering specific disclosures and setting sale terms, including deadlines, listing price, and conditions for proceeds distribution.
Justice M. Labrosse
K.S. v. S.N. (2026 ONSC 2675)
In a high-conflict custody case, the Court declared both parties as parents, awarded primary residence to one, and implemented a shared parenting schedule, emphasizing the child’s best interests and the need for stability and meaningful relationships with both parents.
Justice M. Smith
Razavi v. Golzari (2026 ONSC 2686)
In a family law dispute, the Court rejected the husband’s claim that the marriage was a mere roommate arrangement. The Court upheld the wife’s entitlement to an equalization payment, finding the marriage legally valid and the statutory equalization scheme not unconscionable. The husband was ordered to pay $243,654.72.
Justice J. Audet
Bigras v. L’Abbe (2026 ONSC 2599)
In a family law costs dispute, the Court awarded $8,000 to the successful party, citing the other party’s bad faith conduct in breaching a parenting order. The award considered proportionality, reasonableness, and financial circumstances, allowing six months for payment in installments.
Justice N. Somji
Civil Matters
Sewanaku v The Ottawa Hospital et al (2026 ONSC 2859)
The Court ruled that section 137.1(5) of the Courts of Justice Act imposes a mandatory stay on proceedings, barring a hospital’s summary judgment motion from proceeding until an anti-SLAPP motion is resolved. Efficiency and prejudice arguments were rejected, and the anti-SLAPP motion will proceed as scheduled.
Associate Justice I. Kamal
Bendastos et al v. Stos (2026 ONSC 2815)
In a dispute over estate accounting, the Court ordered partial disclosure, including details on a $300,000 line of credit, and directed the parties to attend mediation before proceeding to a hearing on the passing of accounts. The Court emphasized proportionality in document requests and compliance with prior orders.
Justice A. Doyle
Ty v. Ottawa-Carleton Standard Condominium Corporation No. 1106 (2026 ONSC 2794)
An application to appoint an administrator for a condominium corporation was dismissed. The Court found no evidence of mismanagement, oppression, or inability to govern, emphasizing that such appointments are a last resort for exceptional circumstances. Costs were awarded to the respondents.
Justice R. Smith
Kasongo v. Stanley (2026 ONSC 2731)
The Court granted leave to admit a late-served expert report, finding the delay was inadvertent, caused no undue prejudice, and served the interests of justice by streamlining trial evidence.
Justice A. Doyle
Xu Estate et al. v. Qi et al. (2026 ONSC 2724)
The Court approved the settlement of claims for minor plaintiffs in a fatal bus collision, including solicitor-client fees and fund management by their father until they reach adulthood. The action and all crossclaims were dismissed without costs.
Justice S. Corthorn
Eastwood-Fisher v. Equine Canada et. al. (2026 ONSC 2721)
The Court granted summary judgment on wrongful dismissal, awarding four months’ notice, but declined summary judgment on the plaintiff’s long-term disability claim, citing unresolved factual disputes requiring trial.
Justice C. MacLeod
Manery v. 1000090187 Ontario Inc. et al (2026 ONSC 2722)
The Court granted an equitable mortgage to secure unpaid loans, prioritized over subsequent mortgages, and dismissed defamation and economic interference claims against the lender, finding her statements truthful and privileged.
Justice K. Jensen
Hussain v. Munir (2026 ONSC 2676)
The Court denied summary judgment in a dispute over an alleged intra-family loan, citing credibility issues and insufficient evidence. It also refused to add parties to the family law proceeding but consolidated the civil and family matters for a focused trial on the loan’s validity.
Justice M. Flaherty
Atwood v. National Police Federation (2026 ONSC 2693)
The Court dismissed an application alleging oppression, finding the Board acted within its by-laws to disqualify a candidate for a director position. The applicant failed to meet eligibility criteria, and no evidence of malice or unfair treatment was established. Costs were awarded to the respondent on a partial indemnity basis.
Justice C. MacLeod
Ottawa Credit Exchange Limited v. David Wu and Opus Fitness Investments Inc. (2026 ONSC 2697)
The Court ruled that the defendants failed to establish common interest privilege over shared communications, as solicitor-client privilege was not proven. The defendants were ordered to produce unredacted documents, a joint defence tolling agreement, and answer an outstanding advisement.
Associate Justice K. Perron
Criminal Matters
R. v. Desormeaux (2026 ONSC 2773)
The Court struck a deficient pre-sentence report due to unproven allegations, improper victim input, and inadequate offender background. A new report was ordered to ensure fairness, impartiality, and compliance with statutory requirements under the Criminal Code.
Justice A. Doyle
R. v. S. S. (2026 ONSC 2608)
The Court denied an adjournment request for a sexual offence trial involving a young complainant, prioritizing timely justice and minimizing prejudice to the complainant over defence counsel’s scheduling conflicts.
Justice B. Holowka
Court of Appeal Decisions of Local Interest
R. v. I.A. (2026 ONCA 341)
The Court dismissed an appeal of a first-degree murder conviction, finding the jury’s verdict reasonable and instructions on wilful blindness legally sound.
Justices G. Huscroft, L. Roberts, and R. Pomerance