Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Burkay v. Walker (2026 ONSC 4744)
The Court stayed the application, ruling that a separation agreement’s arbitration clause is enforceable despite non-compliance with formal family arbitration requirements, provided the parties take steps to execute a compliant agreement.
Justice A. Kaufman
C.D. v. J.A. (2026 ONSC 4735)
In a high-conflict parenting dispute, the Court prioritized the adolescent child’s well-being by terminating mandatory parenting time and communication schedules, allowing the child to control contact with her father. Both contempt motions were dismissed, and the father was restricted from filing further motions without leave due to repetitive litigation.
Justice K. Jensen
Mohamed v. Mohamed (2026 ONSC 4346)
The Court dismissed a motion seeking enforcement of parenting orders for a 32-year-old adult with disabilities, citing lack of jurisdiction under family law legislation. The matter was redirected to the Substitute Decisions Act for addressing care and capacity issues.
Associate Justice I. Kamal
Civil Matters
Guergis v. Hamilton et. al (2026 ONSC 4804)
In a defamation case, the Court allowed a defendant to amend their statement of defence to specify statutory limitation defences under the Libel and Slander Act. The Court found no presumed or actual prejudice to the plaintiff, emphasizing that delay alone does not bar amendments if prejudice can be addressed through costs or adjournment.
Associate Justice I. Kamal
In the Matter of the Bankruptcy of Elizabeth Susan McLean (2026 ONSC 4656)
The Court imposed a conditional and suspended discharge in a bankruptcy case, emphasizing addiction recovery as integral to financial rehabilitation under the Bankruptcy and Insolvency Act. Conditions included addiction counselling, 12-step meeting attendance, and periodic court check-ins to ensure compliance and progress.
Associate Justice I. Kamal
Jason Lappan v. Estate of Florence Bevins et al (2026 ONSC 3722)
The Court dismissed an application for dependant’s support, finding that the adult child with disabilities was not financially reliant on the deceased parent, as his needs were met through government benefits and institutional support. Even if dependency were established, the will’s provisions were deemed adequate and equitable.
Justice K. Jensen
John Raphael McMahon, Executor and Trustee Under the Last Will and Testament of Douglas Sargent Montgomery, Deceased v. Montgomery (2026 ONSC 4552)
On a motion to set aside a registrar’s delay dismissal, the Court applies the Reid criteria and takes a contextual approach. It finds a reasonable overall explanation tied largely to the defendant’s capacity and litigation guardian issues, the motion was brought promptly, and there was no prejudice. The action is restored.
Associate Justice K. Perron
Kemdirim v. Mahiagbe et al (2026 ONSC 4553)
The Court awarded $5,000 in costs to the defendant after the plaintiff discontinued the action late in the proceedings. The Court emphasized the timing of the discontinuance, the principle of indemnity, and the proportionality of legal fees incurred, while rejecting claims for the defendant’s personal time as a self-represented litigant.
Associate Justice K. Perron
Michaud et al v. Li (2026 ONSC 4451)
A motion to set aside a costs order alleging fraud was dismissed. The Court found no deliberate misrepresentation or fraud, emphasizing the importance of finality in litigation.
Justice O. Rees
TD Bank v. 1633092 Ontario Ltd. (2026 ONSC 4620)
The Court found the bank breached a loan agreement but ruled the breach did not cause the business’s failure, dismissing damages claims.
Justice R. Smith
Wright v. General Motors Financial of Canada, Ltd. et. al. (2026 ONSC 4760)
The Court approved a class action settlement addressing a data breach, finding the agreement fair, reasonable, and in the class’s best interests. Compensation includes credit monitoring, identity theft insurance, and monetary payments to affected individuals, with a streamlined claims process ensuring efficient distribution.
Justice C. MacLeod
Criminal Matters
His Majesty The King v. A.N. (2026 ONSC 3919)
The Court imposed a conditional discharge with probation for forging a consent letter, citing emotional duress, remorse, and collateral immigration consequences.
Justice A. London-Weinstein
R. v. A.G. (2026 ONSC 4367)
The Court sentenced the Accused to 10 years’ imprisonment for repeated sexual and physical abuse of his adopted children, emphasizing denunciation, deterrence, and the profound breach of trust. Ancillary orders included a 20-year SOIRA registration, DNA collection, and restrictions on contact with minors. Parole eligibility was delayed to half the sentence.
Justice K. McVey
R. v. Bernier (2026 ONSC 3213)
The Court dismissed a motion to extend the time to appeal convictions entered after guilty pleas, finding no bona fide intention to appeal, insufficient explanation for delay, and no merit to the proposed appeal. The plea was deemed voluntary, informed, and final, with no exceptional circumstances warranting reopening.
Justice A. Doyle
R. v. Sona (2026 ONSC 4631)
The Court dismissed the Crown’s application for a publication ban to protect the complainant’s identity, finding insufficient evidence of serious risk to privacy, dignity, or safety that would outweigh the open court principle and freedom of expression.
Justice O. Rees
Divisional Court Decisions from Ottawa Judges
The Jos. Rashotte Company Limited v. Quinte Conservation Authority (2026 ONSC 4554)
The Court denied costs to the applicant, emphasizing that administrative tribunals generally do not pay costs absent adversarial conduct or exceptional circumstances. The tribunal acted in good faith, proposed a rehearing early, and did not adopt an adversarial role, justifying no departure from established costs principles.
Justice M. Labrosse
Maghnam v. Maghnam (2026 ONSC 4651)
The Court denied a stay of an order requiring the sale of a matrimonial home, finding no irreparable harm and that the balance of convenience favored the sole owner. The Appellant may remain in the home during the sale process if conditions are met.
Justice M. Labrosse
Court of Appeal Decisions of Local Interest
Buffa v. Giacomelli (2026 ONCA 566)
The Court upheld the dismissal of a claim challenging inter vivos transfers as gifts, finding no undue influence or resulting trust.
Justices B. Zarnett, P. Monahan and, M. Rahman
Lower William Properties Ltd. v. Santaguida (2026 ONCA 581)
The Court held that determining a limitation period defence at the pleadings stage was premature, as the characterization of third-party claims and statutory interpretation issues required further evidence and argument. The motion judge’s decision was set aside, allowing the claims to proceed while preserving the limitation defence for later determination.
Justices K. van Rensburg, J. Dawe and, L. Madsen
Maarif v. El Fazazi (2026 ONCA 584)
The Court allowed the appeal, finding that returning the child to Morocco posed a grave risk of harm due to the father’s criminal conviction for assaulting the child, the child’s likely separation from her primary caregiver, and insufficient protective measures. The return order was set aside, granting Ontario jurisdiction over parenting matters.
Justices J. Thorburn, L. Madsen and, M. Rahman