Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Agostini v. Rochdi (2026 ONSC 3720)
In a family law dispute, the Court ordered supervised parenting time and granted sole decision-making responsibility to the mother, citing the father’s persistent emotional harm to the children through unfounded abuse allegations and inappropriate behaviour. A restraining order was also issued to protect the mother and children.
Justice J. Audet
Civil Matters
1995636 Ontario Inc. et al v. 5010729 Ontario Inc. et al (2026 ONSC 3723)
The Court denied a motion to amend pleadings to add new defendants, citing non-compensable prejudice and disruption to defendants’ counsel. Plaintiffs were awarded partial costs for a withdrawn production motion due to defendants’ delayed compliance with prior court orders.
Justice M. Labrosse
Air Passenger Rights v. The Attorney General of Canada (2026 ONSC 3983)
The Court ruled that confidentiality provisions in air passenger complaint processes violate the open court principle and freedom of expression under the Charter. It ordered the provisions to apply only to mediation records, not adjudicative decisions, as the process remains adjudicative in nature.
Justice C. Hackland
Hauser v. Phalan R.C. Flying Club Inc. et. al. (2026 ONSC 3984)
The Court dismissed a motion to transfer and consolidate Small Claims Court actions with a Superior Court proceeding, emphasizing the integrity of the small claims process and finding no justification for the transfer. The Superior Court action was stayed pending resolution of the small claims trial.
Justice C. MacLeod
Lantaigne et al v. Whitten & Lublin et al (2026 ONSC 3731)
A motion to amend or vary a costs order under Rule 59.06 was dismissed. The Court found no accidental error, newly discovered facts, or other exceptional circumstances justifying relief. Rule 59.06 cannot be used to reargue issues or introduce new evidence that could have been presented earlier.
Associate Justice I. Kamal
Mattamy (Jock River) Limited v. Tripple S & A Inc. (2026 ONSC 4012)
The Court granted summary judgment to the vendor, finding no defence to the purchaser’s breach of a binding real estate agreement. Damages were awarded for the price shortfall and related expenses, with minor reductions for insufficient evidence on certain costs. Costs of the action were also awarded.
Justice C. MacLeod
O’Regan v. Harman and Romain (2026 ONSC 4066)
The Court struck a negligence claim against an appraiser, ruling it was barred by witness immunity and lacked sufficient factual basis.
Justice S. Corthorn
Parris v. Firmenich International SA et. al. (2026 ONSC 3922)
A proposed class action alleging a global fragrance price-fixing conspiracy was denied certification. The Court found insufficient evidence to meet the “some basis in fact” test, citing vague allegations, unmanageable class definitions, and lack of proof of wrongdoing or damages in Canada.
Justice C. MacLeod
Shapiro v. Shapiro (2026 ONSC 3834)
The Court awarded costs in an estate dispute, emphasizing proportionality and success. Public policy justified partial estate-funded costs for a dependency claim, while the unsuccessful will challenge resulted in costs payable by the objectors.
Justice K. Jensen
Wadie Narouz v. Fisgard Capital Corporation Also Known As Fisgard Asset Management Corporation (2026 ONSC 3060)
In a mortgage enforcement case, the Court granted leave to issue a writ of possession, rejecting Charter arguments as inapplicable to private litigation. The plaintiff’s claims of surveillance and delay in receiving a French translation were dismissed, and costs of $15,000 were awarded to the defendant.
Associate Justice M. Fortier
Criminal Matters
R. c. P. S. (2026 ONCS 3801)
La Cour accueille l’appel et ordonne un nouveau procès, concluant que le juge de première instance n’a pas appliqué le cadre W.(D.) pour évaluer une déclaration extrajudiciaire potentiellement disculpatoire et n’a pas suffisamment motivé sa décision pour permettre un examen en appel.
Juge B. Holowka
R. v. Yusuf (2026 ONSC 4000)
The Court found a breach of the Accused’s section 8 Charter rights due to insufficient grounds for a residential search warrant. Evidence obtained from the residence was excluded under section 24(2), as the breach significantly impacted privacy rights and outweighed the Crown’s interest in admission.
Justice I. Carter
Divisional Court Decisions of Local Interest or from Ottawa Judges
Beaudoin v. City of Ottawa (2026 ONSC 3701)
A self-represented applicant challenged the City’s decision to discontinue water service for refusing a mandatory water meter replacement. The Court found the City’s actions reasonable, procedurally fair, and compliant with municipal by-laws, dismissing the application and awarding costs to the City.
Justices H. McGee, J. McCarthy, and, S. O’Brien
El-Kasir et al v. City of Ottawa et al. (2026 ONSC 3930)
The Court dismissed motions to extend the appeal period for Building Code orders and to set aside a discontinuance, citing procedural errors, lack of merit, and the appellants’ prolonged non-compliance with safety requirements.
Justice M. Labrosse
Court of Appeal Decisions of Local Interest
Sharif v. Canada (Public Safety and Emergency Preparedness) (2026 ONCA 476)
The Court upheld the Minister’s decision to proceed with a refugee’s removal despite a UNHRC request for suspension, ruling the decision was reasonable, justiciable, and within the Superior Court’s jurisdiction as an exercise of Crown prerogative. The Minister was not required to provide reasons, given the non-binding nature of the UNHRC request.
Justices J. Thorburn, R. Pomerance, and M. Rahman
R. v. Buoc (2026 ONCA 492)
The Court dismissed the appeal of convictions for second degree murder and attempted murder, finding no errors in jury instructions or evidentiary rulings. The appellant’s sentence, including a 25-year parole ineligibility period, was upheld as appropriate given the severity of the crimes.
Justices L. Favreau, J. Copeland and, J. Dawe