Find below recently published Ottawa decisions, available for free through CanLII.org.
Civil Matters
Anishinabeg v. AGC et al., (2026 ONSC 4430)
The Court granted one group’s motion to intervene in a representation motion under Rule 12.08 but dismissed another’s, finding their interests were either directly relevant or speculative and beyond the motion’s scope.
Justice M. Flaherty
Barkey v. Doe (2026 ONSC 4390)
The Court ruled that the plaintiff could not identify the other driver due to a concussion and granted relief from forfeiture despite delayed notice to the insurer, finding no irreparable prejudice caused by the breach of statutory notice requirements. The plaintiff provided sufficient corroborating evidence of the unidentified vehicle’s involvement.
Justice R. Smith
Claridge December Holdings Inc. v. Co-operative d’Habitation Desloges Inc. (2026 ONSC 4381)
The Court ruled that a resulting trust arose after an express trust failed due to unmet Planning Act conditions. Legal title was vested in the applicant, while the respondent was partially compensated for maintenance costs incurred on the disputed land.
Justice O. Rees
Dawson et al v. Dawson et al., (2026 ONSC 4215)
The Court invalidated wills and powers of attorney due to undue influence by a son over his elderly parents, despite finding no lack of testamentary capacity. The son was also ordered to pass accounts for his management of their finances.
Justice M. Labrosse
National Bank of Canaca v. Ocm Auto Financing Ltd. (2026 CanLII 74017)
The Court appointed an interim receiver to protect a creditor’s interests, citing the debtor’s defaults, mismanagement of trust funds, and lack of transparency. The decision emphasized the necessity of preserving assets and ensuring compliance with agreements while limiting the receiver’s powers to interim measures.
Associate Justice K. Perron
Premiere Construction Ltd. v. 444 Bronson Development Inc. et al., (2026 ONSC 4426)
The Court ordered three construction-related proceedings to be heard consecutively on a common timetable, citing overlapping issues, witnesses, and risks of inconsistent findings. The decision emphasized procedural efficiency and rejected a request for partial bifurcation, finding it would complicate and prolong the litigation.
Associate Justice I. Kamal
Criminal Matters
R. v. Mills (2026 ONCJ 426)
The Court sentenced the Accused, who pleaded guilty to attempting to kill a family cat, to 18 months probation. The sentence emphasized denunciation and deterrence while considering mitigating factors, including the Accused’s remorse, lack of prior record, and efforts to address alcohol addiction. A discharge was deemed inappropriate.
Justice D. Berg
R. v. Northrup (2026 ONSC 4242)
The Court acquitted the accused of all charges, including uttering threats and firearm offences, citing credibility issues with the complainant’s testimony and the accused’s plausible account, which raised reasonable doubt.
Justice O. Rees
Divisional Court Decisions from Ottawa Judges
Waring’s Creek Improvement Association v. The Corporation of the County of Prince Edward et al., (2026 ONSC 3977)
A motion to transfer an application to quash municipal by-laws was dismissed. The Court found the procedural illegality lacked substantive merit, as the by-laws could be reapproved without affecting the outcome or causing substantive harm. The potential prejudice to the development project also weighed against granting the transfer.
Justice M. Labrosse
Court of Appeal Decisions of Local Interest
R. v. Crossley (2026 ONCA 540)
The Court dismissed the appeal, finding no errors in the jury instructions or evidentiary rulings. The appellant’s conviction for intimidating a justice system participant was upheld, as the Crown proved the offence as particularized in the indictment. A dissenting judge would have acquitted on one count due to insufficient proof.
Justices J.M. Fairburn, D. Paciocco, and D. Wilson
Pringle v. Zenova Group PLC (2026 ONCA 549)
The Court ruled that the appellant was an employee under Ontario’s Employment Standards Act, voiding the forum selection clause in his contract. The Ontario court retained jurisdiction, rejecting England as a more convenient forum, and allowed the wrongful dismissal claim to proceed in Ontario.
Justices K. van Rensburg, B. Miller, and L. Sossin
Smith v. Nagy (2026 ONCA 545)
The Court dismissed an appeal challenging the burden of proof in sexual battery and defamation claims, affirming that defendants in battery cases must prove consent, while defamation defendants must prove the truth of their allegations. Despite a trial judge’s error in burden allocation, no miscarriage of justice occurred.
Justices D. Paciocco, J. Thorburn, and J. George