Recently Published Ottawa Decisions

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

Family Matters

Abughoush v. Sharif (2026 ONSC 5535)
In a family law case conference, the court held it could make a contested temporary parenting order on proper notice in exceptional circumstances. Applying the Divorce Act best-interests factors, it ordered week-about parenting mainly in Ottawa, with a mid-week visit and permitted Ontario travel on notice, pending a relocation motion.
Associate Justice I. Kamal

Tomlinson-Wells v. Wells (2026 ONSC 5728)
In a family-law trial on corollary relief, the judge finds a 2009 transfer of the matrimonial home into one spouse’s name was not a gift and imposes a 50% resulting trust. The judge orders equalization (about $293,000), dismisses an unequal-division claim, sets occupation rent from November 1, 2024, and imputes income for child support.
Justice P. MacEachern

Civil Matters

Dutremble et al. v. Heartland Farm Mutual Inc. (2026 ONSC 5741)
On a summary judgment motion in an insurance coverage action arising from a house fire, the Court grants leave to amend to expressly plead punitive damages but dismisses summary judgment. Conflicting evidence on rebuilding costs, valuation date, causation and mitigation (including failure to invoke appraisal), and alleged bad faith requires a trial.
Justice A. Kaufman

Thompson et al v. Bourcier et al (2026 ONSC 5523)
In an estate application for reimbursement and trustee removal, the judge holds that an adult child failed to rebut the presumption of resulting trust for funds taken from a parent’s accounts and an insurance annuity. The judge orders repayment by deductions from her estate share, removes the respondent siblings as estate trustees, and dismisses a burial-plot claim.
Justice N. Somji

White v. Anderson et al. (2026 ONSC 5279)
On a motion for leave to amend a statement of claim to add two defendants and discontinue claims against others, the motion judge adjourns the motion. Despite the mandatory language of r. 26.01, the moving party must comply with service rules. Service on one proposed defendant was unsupported by evidence.
Justice S. Corthorn

Criminal Matters

R. v. Azouka Ayo (2026 ONSC 5410)
In a criminal prosecution for alleged child abuse, the trial judge disbelieves the accused and accepts key evidence that he assaulted one complainant on September 18, 2023. The judge convicts for assault, but acquits on assault with a weapon and uttering threats because the evidence was unreliable on scars and the French threat words were unknown.
Justice P. Roger

R. v. Mohamed (2026 ONSC 5406)
In reasons on a mid-trial ruling in a jury murder trial, the judge held there was an air of reality that gasoline vapours may have been accidentally ignited, based on the Crown expert’s evidence. The jury was therefore instructed it could return manslaughter, rather than murder, if it found the accused poured gasoline but did not ignite it.
Justice A. London-Weinstein

Divisional Court Decisions by Ottawa Judges or of Local Interest

J.S-R.v. Children’s Aid Society of Ottawa et al. (2026 ONSC 5568)
On a motion to quash an appeal in a child protection matter, the judge held there is no statutory right to appeal a final Openness order, no Divisional Court jurisdiction to revisit an Extended Society Care order already appealed, and no jurisdiction to appeal an Adoption order. The appeal was quashed and leave to amend dismissed, without costs.
Justice A. Doyle

LF v Director of the Ontario Disability Support Program (2026 ONSC 5660)
On an appeal and judicial review of an ODSP eligibility decision, the Court finds the Tribunal’s one-year medical review order under s. 5(1) unreasonable because it gave only hopeful, non-evidentiary reasons and did not assess the record using a “whole person” approach. The matter is remitted; no costs.
Justices W. Matheson, M. Gibson and, P.A. Schreck