Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Saucier v. Lafrance-Dion (2026 ONSC 3370)
In a custody dispute, the Court granted the mother sole decision-making authority and primary residence of the child, with supervised parenting time for the father, transitioning to unsupervised visits upon completion of anger management. Child support was recalculated based on the father’s updated income.
Justice R. Maranger
Civil Matters
Atwood v. National Police Federation (2026 ONSC 3388)
The Court dismissed an application to amend a not-for-profit’s articles, finding the proposal unlawful under corporate law. Costs were awarded on a partial indemnity basis, considering the applicant’s good faith and the novel legal issues raised.
Justice A. Doyle
Filion et al v. Gauthier et al. (2026 ONSC 3227)
The Court awarded liquidated damages, punitive damages, and costs after a lawyer misappropriated trust funds intended for a property transaction. General damages were denied due to insufficient evidence, but punitive damages were granted to denounce the lawyer’s egregious misconduct and uphold public confidence in the legal profession.
Justice M. Sirivar
Grightmire v. Grightmire-Griesbach (2026 ONSC 3416)
The Court found that RESP funds were impressed with a trust for the beneficiaries’ education, rejecting the subscriber’s ownership claim. The subscriber was removed for breaching fiduciary duties, including misappropriating funds and imposing unreasonable conditions. A neutral party was appointed to manage the accounts, and repayment was ordered.
Justice J. Hooper
Guttin. v. Creber et al. (2026 ONSC 3460)
This case involved oppression claims in a corporate dispute. The Court found unfair disregard of a shareholder’s rights due to restricted access to financial records but declined to appoint a receiver, favoring less intrusive remedies.
Justice A. Doyle
MacDonald v. 10583308 Canada Inc. (2026 ONSC 3342)
The Court dismissed an anti-SLAPP motion, finding the defamation claim had substantial merit and the harm outweighed public interest in protecting the defendants’ expressions alleging corruption in public procurement.
Justice S. Kershman
R. v. Splinter (2026 ONSC 3000)
The Court dismissed an abuse of process claim, ruling that the Crown’s decision to prefer a direct indictment was within its core prosecutorial discretion, owed deference, and not supported by evidence of bad faith or improper motive. The applicant failed to meet the high evidentiary threshold required for such claims.
Justice R. Ryan Bell
Wang v. Safety Insurance Company (2026 ONSC 3237)
The Court approved a $626,074.11 settlement for statutory accident benefits, solicitor-client fees, and fund distribution, including management by the injured party’s litigation guardian. The settlement terms, including interest earned and payment to healthcare providers, were deemed reasonable and in the best interests of the injured party.
Justice S. Corthorn
Criminal Matters
R. v. D.A. (2026 ONSC 3117)
The Court sentenced the Accused to 11 years for repeated sexual offences against a child, emphasizing denunciation, deterrence, and proportionality. Aggravating factors included the victim’s young age, breach of trust, and prolonged abuse. Limited mitigating factors, including the Accused’s lack of remorse, informed the sentence and ancillary orders.
Justice O. Rees
R. v. Esrabian (2026 ONSC 53667)
The Court applied the reasonable prospect of success standard under s. 745.6(1) of the Criminal Code, finding the Applicant demonstrated sufficient rehabilitation and a low risk of reoffending to justify empaneling a jury to consider reducing parole ineligibility.
Justice J. Parfett
Divisional Court Decisions from Ottawa Judges
Browne v. Picart (2026 ONSC 3308)
The Court dismissed an appeal challenging a defamation ruling, finding no judicial bias, procedural unfairness, or errors in rejecting defences of fair comment and truth. The trial judge’s award of $35,000 in damages to each respondent for defamatory statements was upheld.
Justice R. Smith
Court of Appeal Decisions of Local Interest
Davis v. Ng (2026 ONCA 387)
The Court upheld the trial judge’s decision to deny an adjournment despite late disclosure of income loss documents, finding no unfairness or prejudice to the appellant. The appeal was dismissed, and costs of $20,000 were awarded to the respondent.
Justices G. Huscroft, J. Dawe, and D. Wilson
R. v. Alhaddad (2026 ONCA 394)
The Court dismissed the appeal of a sexual assault conviction, finding no reversible error in the trial judge’s credibility assessment or application of legal principles. Alleged misstatements and inconsistencies in the complainant’s evidence were deemed immaterial, and the trial judge’s reliance on common sense was upheld.
Justices B. Zarnett, L. Favreau, and L. Madsen
T.C.O. Agromart Ltd. v. Sutton Farms (Nacona) Ltd. (2026 ONCA 437)
In a costs endorsement, the Court ordered the respondent to pay the appellant $250,000 in agreed-upon trial costs, following the appellant’s success on appeal and entitlement to trial costs.
Justices E. Gillese, S. Coroza, and P. Osborne