Recently Published Ottawa Decisions

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

Family Matters

Abdollahpour v. Abdollahpour (2026 ONSC 5038)
In a post-trial family proceeding cost decision, the judge awards the successful spouse $65,000 in costs, citing the other spouse’s bad faith, unsubstantiated allegations, duplicative proceedings, and non-compliance with settlement minutes, which prolonged the case. The award is paid from the other spouse’s share of sale proceeds, with HST payment clarified.
Justice J. Audet

K.H. v. Children’s Aid Society of Ottawa (2026 ONSC 5031)
In a child protection status review proceeding, the judge grants summary judgment dismissing a biological father’s bid for full-time care. Applying the CYFSA best interests analysis, the judge finds the father’s plan unrealistic and unsupported, and prioritizes the child’s stability in kin care. The extended society care order is maintained, with child-held access to the father.
Justice J. Audet

K. N. v. L.K. (2026 ONSC 4771)
In post-trial family law proceedings on spousal support and costs, the judge finds a parenting-role change is a material change but does not end established entitlement. The judge orders time-limited, stepped-down support over seven years with specified amounts and awards $113,518.16 in costs, offsettable against support.
Justice K. Jensen

Leblanc v. Alford (2026 ONSC 5330)
On an urgent parenting motion, the judge interviewed the 12-year-old under s. 64(2) of the Children’s Law Reform Act and gave due weight to his clear, uncoached preference. Applying the best-interests factors in s. 24, the judge temporarily ordered primary residence with the father, joint decision-making with a consultation process, school registration, defined parenting time, and dismissed police enforcement.
Associate Justice I. Kamal

Lubanski v. Giernalczyk (2026 ONSC 5192)
In a family law case conference, the court held it could make temporary orders on proper notice. It ordered the Respondent to reimburse funds withdrawn from a joint account and to deliver vehicle registration and insurance, set quarterly corporate bank-statement production, refused to decide contested mortgage arrears at conference, and declined to set aside a prior costs order.
Associate Justice I. Kamal

Civil Matters

4269209 Canada Inc. v. Tuck-It Away Secure Storage Inc. (2026 ONSC 5094)
In an application under the Repair and Storage Liens Act concerning a proposed bulk sale of stored inventory, the court adjourns both sides’ requests because a Quebec BIA proposal proceeding may impose a stay under ss. 69 and 69.1. The parties must address notice, proposal status, and any required leave.
Justice C. MacLeod

Bradley-Kelly Construction Ltd. v. GIP Construction Ontario East Ltd. et al, (2026 ONSC 5180)
On a motion for summary judgment in a construction lien dispute, the Court held that work at two project sites formed a single “improvement” under the Construction Lien Act. With no evidence of multiple improvements and a common project purpose on contiguous lands, the lien was timely. Summary judgment was granted, the cross-motion dismissed, and the remaining holdback ordered released.
Justice K. Perron

Business Development Bank of Canada v. 13904903 Canada Inc. (2026 ONSC 5083)
On a summary judgment motion in a Simplified Procedure debt action on a loan and guarantees, the Court awarded outstanding principal and pre-judgment simple interest at the loan’s floating contractual rate under s. 130 of the Courts of Justice Act. It allowed post-judgment interest on principal at that rate, denied post-judgment interest on pre-judgment interest, dismissed “Other Amounts,” and fixed partial indemnity costs.
Justice S. Corthorn

Cleary v. The Corporation of the Municipality of Brighton (2026 ONSC 5212)
On an application for declarations invalidating municipal by-laws regulating short-term rentals and administrative monetary penalties, the Court held that the vires challenge is an application for judicial review within the Divisional Court’s exclusive jurisdiction under the JRPA. It transferred the vires and Charter issues together and invited costs submissions if needed.
Justice O. Rees

CMLS Financial Ltd. v. Ashcroft Development Inc. et al. (2026 ONSC 5101)
On a receivership application return, the Court declines to appoint a receiver because the vacant development lands are being marketed, the applicant’s debt has been significantly reduced, and a receiver could interfere with sales and increase costs. The application is adjourned to January 15, 2027, with costs reserved.
Justice C. MacLeod

National Bank Of Canada v. OCM Auto Financing Ltd. (2026 ONSC 5060)
On an application to appoint an interim receiver, the judge finds it necessary to protect the debtor’s estate and the secured creditor’s interests after defaults, missing collections held in trust, delayed disclosure of adverse developments, and questionable payments. The application is granted, but the interim receiver’s powers must be narrowly tailored and time-limited.
Justice K. Perron

Nepean Building Supplies v. Markelangelo’s Inc. (2026 ONSC 5195)
On a motion for default judgment for unpaid building materials, the Court validated service on a corporate defendant and allowed amendment of the plaintiff’s name. It granted judgment for $185,423.97 against the corporate debtor and personal guarantors, jointly and severally, but refused contractual 24% interest, awarding pre- and post-judgment interest under the Courts of Justice Act and partial-indemnity costs.
Justice S. Corthorn

Paradis et al v. 1000201315 Ontario Inc. et al (2026 ONSC 5272)
On a motion to discharge certificates of pending litigation, the Court found a triable issue that purchasers’ deposits could support a constructive trust over five improved blocks. Balancing the equities, it discharged the CPLs and ordered $618,000 from any sale proceeds paid into court as substitute security under s. 103(6) Courts of Justice Act.
Justice M. Sirivar

Thibert c. Trudeau (2026 ONCS 5108)
Dans une action civile avec demande reconventionnelle, le Tribunal rejette la fraude et la négligence, mais conclut à l’enrichissement sans cause : une entente initialement valable cesse de justifier les paiements après une perte progressive du libre arbitre par abus d’influence. Il ordonne la restitution de 1 436 390 $, accorde 250 000 $ punitifs et rejette la demande reconventionnelle.
Juge M. Smith

Wallace v. Decisive Technologies Inc. et al (2026 ONSC 5246)
On a motion for a status hearing, the judge dismisses an employment wrongful dismissal action for delay under Rule 48.14. The plaintiff failed to provide a reasonable, cogent explanation for lengthy inactivity beyond limited treatment periods, largely acting only after dismissal threats. Costs of $8,000 are awarded to the defendants.
Justice A. Doyle

Criminal Matters

R. v. Daviau (2026 ONSC 4978)
In a criminal appeal from a conviction for failing to provide a breath sample, the appellate judge finds the trial judge failed to assess whether the evidence raised a reasonable doubt on mens rea and gave insufficient reasons. The conviction appeal is allowed and a new trial ordered; sentence issues are not addressed.
Justice P. Roger

R. v. Lich (2026 ONCJ 554)
On an application to relax a conditional sentence’s compulsory territorial restriction, the judge refused permission for international work travel. The court found no material change in circumstances, held that broad foreign travel would erode the sentence’s punitive and denunciatory character, and emphasized limited enforceability abroad. The application was dismissed.
Justice H. Perkins-McVey

Divisional Court Decisions by Ottawa Judges or of Local Interest

Al Hussein v. Federation of Law Societies of Canada (2026 ONSC 5357)
On an application for judicial review, the Court dismisses a challenge to an email about NCA accreditation. It finds it reasonable to rely on the final appeal decision and to reject combining scores from different language tests, since the prior policy required a single test covering all skills. Costs fixed at $5,000.
Justices W. Matheson, M. Gibson and, P.A. Schreck

Pascuet v. Sky Service F.B.O. Inc. (2026 ONSC 5334)
In an appeal from summary judgment in a wrongful dismissal action, the Court holds the claim was discovered on the termination date under the Limitations Act, 2002. The appellant’s mistaken view that the federal government caused the dismissal, and his Federal Court litigation, did not delay discoverability. The appeal is dismissed with costs.
Justice A. Doyle

Shved v. Executive Officer, Ontario Public Drug Programs (2026 ONSC 5336)
On judicial review of a refusal to recommend out-of-country drug funding, the Court finds the decision and reconsideration unreasonable because they relied on a categorical “bypass” policy and offered conclusory, poorly supported assessments of system impact, effectiveness, and cost/benefit. Both decisions are quashed and remitted for a fresh, expedited determination.
Justices D. Corbett, M. Labrosse and, S. Shore

Young v. Cox et al. (2026 ONSC 5427)
On a motion to extend time to seek judicial review, the Court held the clerk’s email about municipal election ineligibility was not shown to be a reviewable decision, and the proposed review lacked apparent merit. The delay risked substantial prejudice to election administration. The extension and judicial review were dismissed.
Justice M. Labrosse

Court of Appeal Decisions of Local Interest

Lower William Properties Ltd. v. Santaguida (2026 ONCA 658)
In an appeal costs proceeding, the Court set aside the costs award below and ordered no costs of the motion, given divided success: the dismissal of the motion was upheld, but the declaration on the ultimate limitation period was set aside as premature. The respondents must pay partial indemnity costs of the appeal, fixed at $10,372.49.
Justices K. van Rensburg, J. Dawe and, L. Madsen