Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

DesLauriers v. Deochand (2026 ONSC 4840)
On a motion to vary a parenting order, the court finds a material change in circumstances due to the father’s cocaine addiction, relapses, CAS involvement, and instability. Applying the Divorce Act best-interests test, it grants the mother primary residence and sole decision-making, and orders the father’s parenting time supervised for six months.
Justice K. Jensen

K.S. v. S.N. (2026 ONSC 4741)
In a high-conflict parenting case, the Court awarded substantial indemnity costs of $20,456.56 due to the Applicant’s unreasonable conduct, including repeated non-compliance with court orders and actions undermining the Respondent’s parenting rights. The costs award was deemed reasonable and proportionate.
Justice M. Smith

Y.A. v. Y.M. (2026 ONSC 4913)
In a Divorce Act parenting application, the judge authorizes the children’s relocation from Ontario to Lyon, finding it best serves their well-being given the mother’s primary caregiving role, support network, and services for a child with autism. The mother receives sole decision-making. A phased parenting-time schedule and child support arrears/imputed income orders issue.
Justice K. Jensen

Civil Matters

6751067 Canada Inc. v. 16002731 Canada Inc. (2026 ONSC 4754)
The Court ruled that the vendor breached the duty of honest performance by withholding material lease termination information, justifying the purchaser’s refusal to close. The $150,000 deposit was ordered returned to the purchaser.
Justice A. Doyle

Bourque/Chima v. Public Service Alliance Of Canada et al (2026 ONSC 4761)
The Court ruled it lacks jurisdiction over claims arising from union disciplinary processes, finding the Labour Board is the appropriate forum.
Associate Justice K. Perron

Caivan (Greenbank) Inc. v. Balogun (2026 ONSC 4790)
The Court granted summary judgment for damages in a failed real estate purchase, finding no obligation to provide vendor financing and that the plaintiff’s mitigation efforts were reasonable. The defendants’ counterclaim was dismissed.
Justice A. Kaufman

The Estate of Sean Craddock et al. v. Daviau (2026 ONSC 4881)
In competing estate applications, the Court holds that a residual beneficiary had no proprietary right to occupy estate real property or block its sale, and that extrinsic statements of intent could not vary the will. The Estate Trustee obtained vacant possession within 60 days, occupation rent, and utility carrying costs; the beneficiary’s injunction and CPL requests were dismissed, with costs awarded.
Justice K. Jensen

Guttin v. Creber et al. (2026 ONSC 4507)
In a business dispute involving oppression claims, the Court awarded $50,000 in costs to each respondent, finding them more successful overall despite one act of oppression related to financial disclosure. The Court also directed the sale of a jointly owned property and distribution of proceeds under specific conditions.
Justice A. Doyle

Kajjouni et al. v. Sebrins et al. & Kajjouni v. Promutuel (2026 ONSC 4973)
On a case conference motion for procedural orders, the Court held it lacked jurisdiction simpliciter over claims against a Quebec insurer arising from a Quebec insurance contract and benefit administration. Applying Van Breda, no presumptive connecting factor linked the contractual dispute to Ontario. The consolidation request was moot.
Associate Justice I. Kamal

Lual v. Sir John A. Pub – Ottawa (2026 ONSC 4870)
On a motion to strike, the court holds the claim pleads insufficient material facts for intentional infliction of mental suffering, defamation, and economic loss, and that refusal of service/trespass allegations are essentially discrimination matters for the Human Rights Tribunal of Ontario. The claim is struck, with leave to amend except those discrimination-based claims.
Justice A. Doyle

Nakanwagi v City of Ottawa et al (2026 ONSC 4995)
On a case conference addressing a plaintiff’s motion, the judge held that the 60-day notice requirement in s. 18 of the Crown Liability Proceedings Act is mandatory and cannot be waived. Because the claim was issued before the notice period expired, it was a nullity against the Crown and dismissed, while continuing against the municipal defendant.
Associate Justice I. Kamal

Sunday Irving Holdings Inc. v. La Succession De Seymour Mender et al (2026 ONSC 4687)
On a Rule 30.06 production motion, the court orders a further and better affidavit of documents and targeted production about condominium window bylaws and reserve fund issues. It finds some requests irrelevant, rejects broad “fishing” requests, and limits solicitor-client privilege waiver to the legal opinions shared with owners and the facts and documents provided to counsel.
Justice A. Doyle

Criminal Matters

Johnson v. Ontario (2026 ONSC 4965)
On a motion to strike an application, the Court holds the proceeding is an abuse of process and a collateral attack on a firearms forfeiture order made under s. 490(9) of the Criminal Code. Any challenge had to proceed by appeal under s. 490(17). The application is struck without leave to amend and dismissed.
Justice M. Smith

R. v. E.D. (2026 ONSC 4933)
In a criminal trial for sexual assault of a 12-year-old, the judge found the complainant credible on the storage-room allegation and rejected the accused’s denials under W.(D.). Although an earlier alleged breast touch during a height comparison was not proven beyond a reasonable doubt, the accused was convicted.
Justice A. Kaufman

R. v. Khayata (2026 ONSC 4786)
The Court ruled that Ontario has territorial jurisdiction to try a charge of publishing intimate images without consent, emphasizing the complainant’s residence, discovery of the images, and harm experienced in Ontario as establishing a real and substantial connection to the province.
Justice A. Kaufman

R. v. Mohensi (2026 ONCJ 444)
The Court sentenced the Accused to three years’ incarceration for dangerous and impaired driving causing catastrophic injuries, emphasizing denunciation and deterrence over rehabilitation. A conditional sentence was deemed insufficient given the severity of harm, aggravating factors, and the Accused’s history of reckless driving. Ancillary orders, including a 13-year driving prohibition, were imposed.
Justice D. Berg

Divisional Court Decisions of Local Interest

De La Cruz v. Law Enforcement Complaints Agency (2026 ONSC 4926)
On judicial review, the Court dismisses an application challenging LECA’s refusal to proceed with a complaint about unknown police officers’ alleged failure to investigate fraud and identity theft allegations. The Court finds the decision discretionary, within LECA’s jurisdictional limits, and procedurally fair under LECA’s screening rules. No costs are ordered.
Justices D. Corbett, M. Faieta and, W. LeMay

United Steelworkers v. Greenfirst Forest Products (2026 ONSC 4599)
A union sought judicial review of an arbitrator’s decision dismissing a grievance over overtime distribution. The Court found the decision unreasonable due to the arbitrator’s failure to address a key Letter of Understanding governing overtime distribution and remitted the matter to a new arbitrator.
Justices H. McGee, J. McCarthy and, S. O’Brien

Court of Appeal Decisions of Local Interest

R. v. Land (2026 ONCA 612)
In a criminal appeal, the appellant sought to strike guilty pleas to dangerous driving causing death and failing to remain at the scene. The Court upheld the finding that the pleas were informed, voluntary, and unequivocal, rejected the later recantation as not credible, and held no duty arose to inquire into colonialism’s impact. Appeal dismissed.
Justices G. Huscroft, S. Gomery and, M. Rahman