Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Baillargeon v. Nesbitt (2026 ONSC 6167)
In a family law application, the court dismissed a request to set aside a cohabitation agreement. It found no failure to disclose significant assets or liabilities and no proven lack of understanding of the agreement’s nature or consequences. Not reading the agreement did not justify relief. The agreement remained valid.
Justice T. Engelking
Civil Matters
Azzi v. Kelly (2026 ONSC 6093)
On a motion for leave to rely on a late-served supplementary expert report, the judge applied a contextual r. 53.08 analysis guided by the interests of justice. Because the one-page report introduced no new opinions and caused no compensable prejudice or delay, leave was granted.
Justice A. Kaufman
Gulzar v. Pioneer Mews Inc. et al (2026 ONSC 6049)
On a motion to strike or dismiss, the Court holds that absolute privilege for statements and documents in judicial proceedings extends to the lawyer’s client. The plaintiff’s tort and rights-based claims against the defendant arise from allegedly false evidence filed in prior litigation and are struck as frivolous, vexatious, and an abuse of process, with $3,000 costs awarded.
Justice A. Doyle
Metro Taxi Ltd. et al. v. City of Ottawa (2026 ONSC 6030)
In a class proceeding on aggregate damages, the Court refuses to strike the plaintiffs’ expert report, finding “de facto expropriation” language described economic effects rather than a new cause of action. Applying s. 24 of the Class Proceedings Act, 1992 and the Ramdath factors, it holds aggregate damages are appropriate.
Justice M. Smith
Criminal Matters
R. v. Mohamed (2026 ONSC 5981)
In sentencing proceedings for arson with disregard for human life causing bodily harm alongside a first-degree murder conviction, the judge applied the three-step multiple-offence framework but focused on setting fit sentences for each arson count. Schizophrenia and related factors mitigated moral culpability, but public protection and prior similar arson aggravated. The offender received 20 years concurrent, plus ancillary orders.
Justice A. London-Weinstein
R. v. R.A.H. (2026 ONSC 3398)
In a criminal application for witness-protection measures, the judge granted non-disclosure and publication-ban orders and allowed four covert CSIS agents to testify by videoconference behind a screen, without visual identification. Applying the Dagenais/Mentuck and N.S. balancing, the judge found compelling national security and safety risks, peripheral continuity evidence, no adequate alternatives, and minimal impact on trial fairness.
Justice K. McVey
R. v. R.A.H. (2026 ONSC 5592)
In a criminal trial for terrorism offences, the judge finds the accused guilty of conspiracy to commit murder for a terrorist group and of facilitating terrorist activity by attempting to acquire a firearm, based on sustained, detailed efforts to obtain weapons for a planned mass-casualty attack. He is acquitted of facilitation through propaganda-sharing.
Justice K. McVey
R. v. R-L (2026 ONSC 5920)
In criminal sentencing following a guilty plea to sexual assault, the judge held that denunciation and general deterrence required a penitentiary term because the offender abused a position of trust, provided drugs and alcohol, and involved another adult in sexual activity with a 15-year-old. Despite strong rehabilitation evidence and significant collateral consequences, a four-year sentence and ancillary orders were imposed.
Justice A. London-Weinstein
Divisional Court Decisions by Ottawa Judges or of Local Interest
Clegg v. Carleton Condo Corporation, (2026 ONSC 3094)
On an appeal from a Tribunal decision, the Court dismisses claims that a condominium corporation unlawfully disclosed a unit owner’s name in board minutes and a periodic information certificate. It holds the references concerned litigation, not “records relating to specific units or owners”, and upholds a costs award, ordering $10,000.
Justices J. McCarthy, H. McGee, and S. Shore
Maggi v. Smith (2026 ONSC 6080)
In an appeal from a Small Claims defamation judgment, the Court dismisses a motion for fresh evidence under the Palmer test and upholds liability for an X post alleging a public figure personally threatened voters’ permanent resident status. It finds justification unproven and no reviewable error regarding freedom of expression or responsible communication. The appeal is dismissed.
Justice K. Jensen
Zandi v. Normar Drywall Inc. (2026 ONSC 6149)
In a Small Claims Court appeal, the Court dismisses a debtor’s challenge to judgment for an unpaid invoice balance. It holds there was no procedural unfairness in refusing an adjournment. Even if discoverability was arguable, written texts disputing the amount still acknowledged liability under s. 13, keeping the claim timely.
Justice K. Jensen
Court of Appeal Decisions of Local Interest
Abada v. University of Ottawa (2026 ONCA 760)
In an appeal from a trial judgment dismissing a civil action, the Court rejects challenges to findings that the supervisor did not impose menial tasks, withhold bursaries, or prevent a comprehensive exam. It upholds credibility-based findings and the trial judge’s refusal to recall a witness, and dismisses the appeal with fixed costs.
Justices P. Rouleau, S.Coroza and, P. Osborne