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 It ordered the Respondent to reimburse funds withdrawn from a joint account and to deliver vehicle registration and insurance, set quarterly corporate bank-statement production, refused to decide contested mortgage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 Continue reading →

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

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

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

Family Matters

Burkay v. Walker (2026 ONSC 4744)
The Court stayed the application, ruling that a separation agreement’s arbitration clause is enforceable despite non-compliance with formal family arbitration requirements, provided the parties take steps to execute a compliant agreement.
Justice A. Kaufman

C.D. v. J.A. (2026 ONSC 4735)
In a high-conflict parenting dispute, the Court prioritized the adolescent child’s well-being by terminating mandatory parenting time and communication schedules, allowing the child to control contact with her father. Both contempt motions were dismissed, and the father was restricted from filing further motions without leave due to repetitive litigation.
Justice K. Jensen

Mohamed v. Mohamed (2026 ONSC 4346)
The Court dismissed a motion seeking enforcement of parenting orders for a 32-year-old adult with disabilities, citing lack of jurisdiction under family law legislation. The matter was redirected to the Substitute Decisions Act for addressing care and capacity issues.
Associate Justice I. Kamal

Civil Matters

Guergis v. Hamilton et. al (2026 ONSC 4804)
In a defamation case, the Court allowed a defendant to amend their statement of defence to specify statutory limitation defences under the Libel and Slander Act. The Court found no presumed or actual prejudice to the plaintiff, emphasizing that delay alone does not bar amendments if prejudice can be addressed through costs or adjournment.
Associate Justice I. Kamal

In the Matter of the Bankruptcy of Elizabeth Susan McLean (2026 ONSC 4656)
The Court imposed a conditional and suspended discharge in a bankruptcy case, emphasizing addiction recovery as integral to financial rehabilitation under the Bankruptcy and Insolvency Act. Conditions included addiction counselling, 12-step meeting attendance, and periodic court check-ins to ensure compliance and progress.
Associate Justice I. Kamal

Jason Lappan v. Estate of Florence Bevins et al (2026 ONSC 3722)
The Court dismissed an application for dependant’s support, finding that the adult child with disabilities was not financially reliant on the deceased parent, as his needs were met through government benefits and institutional support. Even if dependency were established, the will’s provisions were deemed adequate and equitable.
Justice K. Jensen

John Raphael McMahon, Executor and Trustee Under the Last Will and Testament of Douglas Sargent Montgomery, Deceased v. Montgomery (2026 ONSC 4552)
On a motion to set aside a registrar’s delay dismissal, the Court applies the Reid criteria and takes a contextual approach. It finds a reasonable overall explanation tied largely to the defendant’s capacity and litigation guardian issues, the motion was brought promptly, and there was no prejudice. The action is restored.
Associate Justice K. Perron

Kemdirim v. Mahiagbe et al (2026 ONSC 4553)
The Court awarded $5,000 in costs to the defendant after the plaintiff discontinued the action late in the proceedings. The Court emphasized the timing of the discontinuance, the principle of indemnity, and the proportionality of legal fees incurred, while rejecting claims for the defendant’s personal time as a self-represented litigant.
Associate Justice K. Perron

Michaud et al v. Li (2026 ONSC 4451)
A motion to set aside a costs order alleging fraud was dismissed. The Court found no deliberate misrepresentation or fraud, emphasizing the importance of finality in litigation.
Justice O. Rees

TD Bank v. 1633092 Ontario Ltd. (2026 ONSC 4620)
The Court found the bank breached a loan agreement but ruled the breach did not cause the business’s failure, dismissing damages claims.
Justice R. Smith

Wright v. General Motors Financial of Canada, Ltd. et. al. (2026 ONSC 4760)
The Court approved a class action settlement addressing a data breach, finding the agreement fair, reasonable, and in the class’s best interests. Compensation includes credit monitoring, identity theft insurance, and monetary payments to affected individuals, with a streamlined claims process ensuring efficient distribution.
Justice C. MacLeod

Criminal Matters

His Majesty The King v. A.N. (2026 ONSC 3919)
The Court imposed a conditional discharge with probation for forging a consent letter, citing emotional duress, remorse, and collateral immigration consequences.
Justice A. London-Weinstein

R. v. A.G. (2026 ONSC 4367)
The Court sentenced the Accused to 10 years’ imprisonment for repeated sexual and physical abuse of his adopted children, emphasizing denunciation, deterrence, and the profound breach of trust. Ancillary orders included a 20-year SOIRA registration, DNA collection, and restrictions on contact with minors. Parole eligibility was delayed to half the sentence.
Justice K. McVey

R. v. Bernier (2026 ONSC 3213)
The Court dismissed a motion to extend the time to appeal convictions entered after guilty pleas, finding no bona fide intention to appeal, insufficient explanation for delay, and no merit to the proposed appeal. The plea was deemed voluntary, informed, and final, with no exceptional circumstances warranting reopening.
Justice A. Doyle

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

Civil Matters

Anishinabeg v. AGC et al., (2026 ONSC 4430)
The Court granted one group’s motion to intervene in a representation motion under Rule 12.08 but dismissed another’s, finding their interests were either directly relevant or speculative and beyond the motion’s scope.
Justice M. Flaherty

Barkey v. Doe (2026 ONSC 4390)
The Court ruled that the plaintiff could not identify the other driver due to a concussion and granted relief from forfeiture despite delayed notice to the insurer, finding no irreparable prejudice caused by the breach of statutory notice requirements. The plaintiff provided sufficient corroborating evidence of the unidentified vehicle’s involvement.
Justice R. Smith

Claridge December Holdings Inc. v. Co-operative d’Habitation Desloges Inc. (2026 ONSC 4381)
The Court ruled that a resulting trust arose after an express trust failed due to unmet Planning Act conditions. Legal title was vested in the applicant, while the respondent was partially compensated for maintenance costs incurred on the disputed land.
Justice O. Rees

Dawson et al v. Dawson et al., (2026 ONSC 4215)
The Court invalidated wills and powers of attorney due to undue influence by a son over his elderly parents, despite finding no lack of testamentary capacity. The son was also ordered to pass accounts for his management of their finances.
Justice M. Labrosse

National Bank of Canaca v. Ocm Auto Financing Ltd. (2026 CanLII 74017)
The Court appointed an interim receiver to protect a creditor’s interests, citing the debtor’s defaults, mismanagement of trust funds, and lack of transparency. The decision emphasized the necessity of preserving assets and ensuring compliance with agreements while limiting the receiver’s powers to interim measures.
Associate Justice K. Perron

Premiere Construction Ltd. v. 444 Bronson Development Inc. et al., (2026 ONSC 4426)
The Court ordered three construction-related proceedings to be heard consecutively on a common timetable, citing overlapping issues, witnesses, and risks of inconsistent findings. The decision emphasized procedural efficiency and rejected a request for partial bifurcation, finding it would complicate and prolong the litigation.
Associate Justice I. Kamal

Criminal Matters

R. v. Mills (2026 ONCJ 426)
The Court sentenced the Accused, who pleaded guilty to attempting to kill a family cat, to 18 months probation. The sentence emphasized denunciation and deterrence while considering mitigating factors, including the Accused’s remorse, lack of prior record, and efforts to address alcohol addiction. A discharge was deemed inappropriate.
Justice D. Berg

R. v. Northrup (2026 ONSC 4242)
The Court acquitted the accused of all charges, including uttering threats and firearm offences, citing credibility issues with the complainant’s testimony and the accused’s plausible account, which raised reasonable doubt.
Justice O. Rees

Divisional Court Decisions from Ottawa Judges

Waring’s Creek Improvement Association v. The Corporation of the County of Prince Edward et al., (2026 ONSC 3977)
A motion to transfer an application to quash municipal by-laws was dismissed. The Court found the procedural illegality lacked substantive merit, as the by-laws could be reapproved without affecting the outcome or causing substantive harm. The potential prejudice to the development project also weighed against granting the transfer.
Justice M. Labrosse

Court of Appeal Decisions of Local Interest

R. v. Crossley (2026 ONCA 540)
The Court dismissed the appeal, finding no errors in the jury instructions or evidentiary rulings. The appellant’s conviction for intimidating a justice system participant was upheld, as the Crown proved the offence as particularized in the indictment. A dissenting judge would have acquitted on one count due to insufficient proof.
Justices J.M. Fairburn, D. Paciocco, and D. Wilson

Pringle v. Zenova Group PLC (2026 ONCA 549)
The Court ruled that the appellant was an employee under Ontario’s Employment Standards Act, voiding the forum selection clause in his contract. The Ontario court retained jurisdiction, rejecting England as a more convenient forum, and allowed the wrongful dismissal claim to proceed in Ontario.
Justices K. van Rensburg, B. Miller, and L. Sossin

Smith v. Nagy (2026 ONCA 545)
The Court dismissed an appeal challenging the burden of proof in sexual battery and defamation claims, affirming that defendants in battery cases must prove consent, while defamation defendants must prove the truth of their allegations. Despite a trial judge’s error in burden allocation, no miscarriage of justice occurred.
Justices D. Paciocco, J. Thorburn, and J. George

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

Civil Matters

Selleck v. Stanutz (Estate) et al. (2026 ONSC 4219)
The Court ordered interest on delayed settlement funds, partially at a higher rate reflecting litigation loan costs, and quantified costs, including partial indemnity costs for a hearing.
Justice C. MacLeod

Stewart Title v. Hutchinson et. al. (2026 ONSC 4190)
The Court granted default judgment against a disbarred lawyer for misappropriating real estate funds, awarding compensatory damages, costs, and $25,000 in punitive damages due to the egregious breach of fiduciary duty.
Justice C. MacLeod

Criminal Matters

R. v. Khreis (2026 ONSC 4051)
The Court convicted the Accused of sexual assault, robbery, and theft under $5,000, relying on complainants’ credible testimony, circumstantial evidence, and similar fact evidence to establish identity, intent, and modus operandi beyond a reasonable doubt.
Justice S. Corthorn

R v. Noseworthy (2026 ONSC 4221)
An appeal of a conviction for refusing a breath sample was dismissed. The Court found the trial judge reasonably concluded that the delay in making the demand was justified by unusual circumstances, including safety concerns near rapids. No legal errors or misapprehension of evidence were identified.
Justice P. Roger

R v. Omer (2026 ONSC 4263)
The Court partially granted an accused’s application to release seized funds for legal fees, finding he lacked other financial means. Despite limited evidence, the Court accepted his affidavit and hearsay about Legal Aid ineligibility, balancing the presumption of innocence with the principle that crime should not pay.
Justice P. Roger

Court of Appeal Decisions of Local Interest

R. v. King (2026 ONCA 522)
The Court overturned an acquittal, ruling that blocking highways during protests can constitute intimidation under the Criminal Code. It clarified that political protest does not justify illegal conduct, and substituted a conviction for the accused’s role in obstructing Ottawa roads during the Freedom Convoy.
Justices D. Paciocco, L. Madsen and, R. Pomerance

R. v. S.W. (2026 ONCA 531)
The Court upheld the dangerous offender designation, dismissed ineffective counsel claims, and increased the sentence from 17 to 25 years for severe child sexual abuse and exploitation, emphasizing the offender’s role in administering a global CSAEM website.
Justices J.M. Fairburn, D. Wilson and, M. Rahman

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

Family Matters

Agostini v. Rochdi (2026 ONSC 3720)
In a family law dispute, the Court ordered supervised parenting time and granted sole decision-making responsibility to the mother, citing the father’s persistent emotional harm to the children through unfounded abuse allegations and inappropriate behaviour. A restraining order was also issued to protect the mother and children.
Justice J. Audet

Civil Matters

1995636 Ontario Inc. et al v. 5010729 Ontario Inc. et al (2026 ONSC 3723)
The Court denied a motion to amend pleadings to add new defendants, citing non-compensable prejudice and disruption to defendants’ counsel. Plaintiffs were awarded partial costs for a withdrawn production motion due to defendants’ delayed compliance with prior court orders.
Justice M. Labrosse

Air Passenger Rights v. The Attorney General of Canada (2026 ONSC 3983)
The Court ruled that confidentiality provisions in air passenger complaint processes violate the open court principle and freedom of expression under the Charter. It ordered the provisions to apply only to mediation records, not adjudicative decisions, as the process remains adjudicative in nature.
Justice C. Hackland

Hauser v. Phalan R.C. Flying Club Inc. et. al. (2026 ONSC 3984)
The Court dismissed a motion to transfer and consolidate Small Claims Court actions with a Superior Court proceeding, emphasizing the integrity of the small claims process and finding no justification for the transfer. The Superior Court action was stayed pending resolution of the small claims trial.
Justice C. MacLeod

Lantaigne et al v. Whitten & Lublin et al (2026 ONSC 3731)
A motion to amend or vary a costs order under Rule 59.06 was dismissed. The Court found no accidental error, newly discovered facts, or other exceptional circumstances justifying relief. Rule 59.06 cannot be used to reargue issues or introduce new evidence that could have been presented earlier.
Associate Justice I. Kamal

Mattamy (Jock River) Limited v. Tripple S & A Inc. (2026 ONSC 4012)
The Court granted summary judgment to the vendor, finding no defence to the purchaser’s breach of a binding real estate agreement. Damages were awarded for the price shortfall and related expenses, with minor reductions for insufficient evidence on certain costs. Costs of the action were also awarded.
Justice C. MacLeod

O’Regan v. Harman and Romain (2026 ONSC 4066)
The Court struck a negligence claim against an appraiser, ruling it was barred by witness immunity and lacked sufficient factual basis.
Justice S. Corthorn

Parris v. Firmenich International SA et. al. (2026 ONSC 3922)
A proposed class action alleging a global fragrance price-fixing conspiracy was denied certification. The Court found insufficient evidence to meet the “some basis in fact” test, citing vague allegations, unmanageable class definitions, and lack of proof of wrongdoing or damages in Canada.
Justice C. MacLeod

Shapiro v. Shapiro (2026 ONSC 3834)
The Court awarded costs in an estate dispute, emphasizing proportionality and success. Public policy justified partial estate-funded costs for a dependency claim, while the unsuccessful will challenge resulted in costs payable by the objectors.
Justice K. Jensen

Wadie Narouz v. Fisgard Capital Corporation Also Known As Fisgard Asset Management Corporation (2026 ONSC 3060)
In a mortgage enforcement case, the Court granted leave to issue a writ of possession, rejecting Charter arguments as inapplicable to private litigation. The plaintiff’s claims of surveillance and delay in receiving a French translation were dismissed, and costs of $15,000 were awarded to the defendant.
Associate Justice M. Fortier Continue reading →

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