Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Anderson v. Parsons (2026 ONSC 3530)
In a family law dispute, the Court dismissed a motion to strike pleadings, upheld existing support orders, and ordered the sale of the matrimonial home with equal division of proceeds. The child’s school placement remained unchanged, prioritizing stability and best interests. Costs were awarded to the respondent.
Justice P. Roger
Pontallier v. Ibironke (2026 ONSC 3429)
The Court imputed income to a father, finding intentional underemployment and inconsistent financial disclosure, and ordered retroactive child support and proportional contributions to childcare expenses. The father’s claims of shared parenting and financial hardship were rejected due to insufficient evidence and discrepancies in his testimony and financial records.
Justice M. Sirivar
Civil Matters
9409394 Canada Inc. v. Ghislain Lascelles (2026 ONSC 819)
A property owner failed to establish adverse possession over a disputed driveway strip but succeeded under proprietary estoppel. The Court found the respondent’s 30-year silence and the applicant’s detrimental reliance made it unconscionable to deny the applicant continued use of the full driveway. The respondent must remove a dividing fence.
Justice M. Flaherty
Levy v. Crawford & Company (2026 ONSC 3581)
The Court dismissed a motion to strike claims for negligent misrepresentation and oppression, finding the pleadings sufficiently disclosed reasonable causes of action. The Court emphasized that proximity and duty of care required a fuller factual record and that oppression claims were not precluded by contractual remedies.
Justice P. Roger
Louis Jones Construction Ltd. v. Jonathan Rocque o/a J-Rock Construction, Roxanne Rocque and Caisse Populaire Trillium Inc. (2026 ONSC 3159)
The case involved construction liens and a quantum meruit claim arising from foundation work. The Court found the liens untimely under the applicable legislation and dismissed the quantum meruit claim due to insufficient evidence. A breach of contract claim by the defendants was also rejected.
Justice M. Flaherty
Criminal Matters
R v. Kongkhaw, McPolin, and Lafontaine (2025 ONSC 7326)
The Court upheld most judicial authorizations for investigative procedures in a drug-trafficking case, rejecting claims of subversion of the pre-authorization process. It found no evidence of intentional misconduct by the affiant, despite drafting flaws and omissions, and declined to quash the authorizations collectively or individually.
Justice S. Corthorn
R. v. McPolin (2026 ONSC 3493)
The Court sentenced the Accused to 27 months’ imprisonment for firearm possession offences, emphasizing deterrence and denunciation over rehabilitation.
Justice S. Corthorn
R c Vien (2026 ONCS 110)
Dans une affaire criminelle concernant des menaces de mort, le Tribunal a conclu à un doute raisonnable en raison de l’intoxication de l’accusé et de la faible crédibilité du témoin principal, déclarant l’accusé non coupable.
Juge P. Roger
Court of Appeal Decisions of Local Interest
R. v. Babor (2026 ONCA 428)
The Court admitted fresh evidence but upheld the finding of not criminally responsible (NCR) due to mental disorder. Procedural errors, including limiting cross-examination and excluding a psychologist’s testimony, were deemed non-prejudicial. The appellant’s absolute discharge from the Ontario Review Board remained unaffected. Appeal dismissed.
Justices J.M. Fairburn, P. Monahan, and P. Osborne
R. v. Blanco (2026 ONCA 433)
The Court restored a sexual assault conviction, finding the trial judge properly concluded that any apparent consent was vitiated by the accused’s abuse of his position of trust, despite conflicting evidence on subjective consent. The summary conviction appeal judge erred in interpreting the legal test for vitiation of consent.
Justices G. Huscroft, J. Thorburn, and J. Dawe