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

Family Matters

Anderson v. Parsons (2026 ONSC 3530)
In a family law dispute, the Court dismissed a motion to strike pleadings, upheld existing support orders, and ordered the sale of the matrimonial home with equal division of proceeds. The child’s school placement remained unchanged, prioritizing stability and best interests. Costs were awarded to the respondent.
Justice P. Roger

Pontallier v. Ibironke (2026 ONSC 3429)
The Court imputed income to a father, finding intentional underemployment and inconsistent financial disclosure, and ordered retroactive child support and proportional contributions to childcare expenses. The father’s claims of shared parenting and financial hardship were rejected due to insufficient evidence and discrepancies in his testimony and financial records.
Justice M. Sirivar

Civil Matters

9409394 Canada Inc. v. Ghislain Lascelles (2026 ONSC 819)
A property owner failed to establish adverse possession over a disputed driveway strip but succeeded under proprietary estoppel. The Court found the respondent’s 30-year silence and the applicant’s detrimental reliance made it unconscionable to deny the applicant continued use of the full driveway. The respondent must remove a dividing fence.
Justice M. Flaherty

Levy v. Crawford & Company (2026 ONSC 3581)
The Court dismissed a motion to strike claims for negligent misrepresentation and oppression, finding the pleadings sufficiently disclosed reasonable causes of action. The Court emphasized that proximity and duty of care required a fuller factual record and that oppression claims were not precluded by contractual remedies.
Justice P. Roger

Louis Jones Construction Ltd. v. Jonathan Rocque o/a J-Rock Construction, Roxanne Rocque and Caisse Populaire Trillium Inc. (2026 ONSC 3159)
The case involved construction liens and a quantum meruit claim arising from foundation work. The Court found the liens untimely under the applicable legislation and dismissed the quantum meruit claim due to insufficient evidence. A breach of contract claim by the defendants was also rejected.
Justice M. Flaherty

Criminal Matters

R v. Kongkhaw, McPolin, and Lafontaine (2025 ONSC 7326)
The Court upheld most judicial authorizations for investigative procedures in a drug-trafficking case, rejecting claims of subversion of the pre-authorization process. It found no evidence of intentional misconduct by the affiant, despite drafting flaws and omissions, and declined to quash the authorizations collectively or individually.
Justice S. Corthorn

R. v. McPolin (2026 ONSC 3493)
The Court sentenced the Accused to 27 months’ imprisonment for firearm possession offences, emphasizing deterrence and denunciation over rehabilitation.
Justice S. Corthorn

R c Vien (2026 ONCS 110)
Dans une affaire criminelle concernant des menaces de mort, le Tribunal a conclu à un doute raisonnable en raison de l’intoxication de l’accusé et de la faible crédibilité du témoin principal, déclarant l’accusé non coupable.
Juge P. Roger

Court of Appeal Decisions of Local Interest

R. v. Babor (2026 ONCA 428)
The Court admitted fresh evidence but upheld the finding of not criminally responsible (NCR) due to mental disorder. Procedural errors, including limiting cross-examination and excluding a psychologist’s testimony, were deemed non-prejudicial. The appellant’s absolute discharge from the Ontario Review Board remained unaffected. Appeal dismissed.
Justices J.M. Fairburn, P. Monahan, and P. Osborne

R. v. Blanco (2026 ONCA 433)
The Court restored a sexual assault conviction, finding the trial judge properly concluded that any apparent consent was vitiated by the accused’s abuse of his position of trust, despite conflicting evidence on subjective consent. The summary conviction appeal judge erred in interpreting the legal test for vitiation of consent.
Justices G. Huscroft, J. Thorburn, and J. Dawe

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

Family Matters

Saucier v. Lafrance-Dion (2026 ONSC 3370)
In a custody dispute, the Court granted the mother sole decision-making authority and primary residence of the child, with supervised parenting time for the father, transitioning to unsupervised visits upon completion of anger management. Child support was recalculated based on the father’s updated income.
Justice R. Maranger

Civil Matters

Atwood v. National Police Federation (2026 ONSC 3388)
The Court dismissed an application to amend a not-for-profit’s articles, finding the proposal unlawful under corporate law. Costs were awarded on a partial indemnity basis, considering the applicant’s good faith and the novel legal issues raised.
Justice A. Doyle

Filion et al v. Gauthier et al. (2026 ONSC 3227)
The Court awarded liquidated damages, punitive damages, and costs after a lawyer misappropriated trust funds intended for a property transaction. General damages were denied due to insufficient evidence, but punitive damages were granted to denounce the lawyer’s egregious misconduct and uphold public confidence in the legal profession.
Justice M. Sirivar

Grightmire v. Grightmire-Griesbach (2026 ONSC 3416)
The Court found that RESP funds were impressed with a trust for the beneficiaries’ education, rejecting the subscriber’s ownership claim. The subscriber was removed for breaching fiduciary duties, including misappropriating funds and imposing unreasonable conditions. A neutral party was appointed to manage the accounts, and repayment was ordered.
Justice J. Hooper

Guttin. v. Creber et al. (2026 ONSC 3460)
This case involved oppression claims in a corporate dispute. The Court found unfair disregard of a shareholder’s rights due to restricted access to financial records but declined to appoint a receiver, favoring less intrusive remedies.
Justice A. Doyle

MacDonald v. 10583308 Canada Inc. (2026 ONSC 3342)
The Court dismissed an anti-SLAPP motion, finding the defamation claim had substantial merit and the harm outweighed public interest in protecting the defendants’ expressions alleging corruption in public procurement.
Justice S. Kershman

R. v. Splinter (2026 ONSC 3000)
The Court dismissed an abuse of process claim, ruling that the Crown’s decision to prefer a direct indictment was within its core prosecutorial discretion, owed deference, and not supported by evidence of bad faith or improper motive. The applicant failed to meet the high evidentiary threshold required for such claims.
Justice R. Ryan Bell Continue reading →

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

Family Matters

Piper v. Piper (2026 ONSC 3241)
In a family law costs dispute, the Court awarded $26,567.02 to the successful party, citing her favourable settlement offer, proportional legal fees, and the opposing party’s unreasonable conduct. Costs were enforceable as support through the Family Responsibility Office.
Justice M. Sirivar

Civil Matters

Atwood v. National Police Federation (2026 ONSC 3092)
The Court dismissed an application to include a proposal amending a non-profit’s articles, ruling it unlawfully restricted directors’ statutory governance powers, which can only be limited through a unanimous member agreement under the Canada Not-for-Profit Corporations Act.
Justice A. Doyle

Banninger v. Fournier (2026 ONSC 3035)
The Court dismissed a motion to compel a neuropsychological assessment and allow late service of an expert report, finding no reasonable explanation for the delay and significant prejudice to the plaintiff due to trial scheduling constraints.
Justice A. Doyle

Dutremble et al v. Heartland Farm Mutual Inc. (2026 ONSC 3230)
In an insurance dispute, the Court refused to compel an appraisal process under the Insurance Act due to unresolved issues, including the valuation date and allegations of bad faith. The Court determined these matters required judicial resolution before appraisal and directed the plaintiffs to submit a sworn proof of loss.
Justice A. Doyle

Latortue et al v. Taqavi et al. (2026 ONSC 2952)
The Court reinstated a personal injury action dismissed for delay, finding the plaintiffs met the test for setting aside dismissal, including providing a satisfactory explanation for delays, demonstrating inadvertence, acting promptly, and showing no significant prejudice to the defendants.
Associate Justice M. Fortier

Divisional Court Decisions from Ottawa Judges

Chevalier-Wara v. Economical (2026 ONSC 2982)
The Court quashed a Tribunal’s decision denying catastrophic impairment and attendant care benefits, citing inadequate reasoning and failure to address critical expert evidence. The matter was remitted for a fresh hearing before a different adjudicator.
Justices N. Backhouse, D. Corbett, and O. Rees

Tefera v. University of Ottawa (2026 ONSC 3191)
A Ph.D student sought judicial review of her removal from a program after unsatisfactory progress reports. The Court upheld the university’s decision, emphasizing deference to academic expertise and finding no procedural unfairness in the evaluation or appeals process. The application was dismissed, and costs were awarded against the applicant.
Justices C. MacLeod, M. Labrosse, and S. O’Brien

Court of Appeal Decisions of Local Interest

T.C.O. Agromart Ltd. v. Sutton Farms (Nacona) Ltd. (2026 ONCA 371)
The Court found a farm owner liable under the Occupiers’ Liability Act for failing to warn of a bridge’s hidden structural risks, overturning the trial decision. The Court held that the duty to warn extended to disclosing the unsupported overhangs, which caused the accident. Damages were awarded to the appellant.
Justices E. Gillese, S. Coroza, and P. Osborne