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

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

Family Matters

Jeannine Côté c. Réjean Faubert (2026 ONCS 5639)
Dans une motion pour jugement sommaire en droit de la famille, le Tribunal reconnaît le droit à une pension alimentaire pour conjoint, compensatoire et non compensatoire, et ordonne des arriérés dès la séparation. Malgré la non-divulgation, il fixe le revenu de l’intimé selon la preuve (2019–2026) et accueille l’indexation annuelle et l’exécution par le Service des obligations familiales.
Juge B. Holowka

Lemieux v. Huggins (2026 ONSC 5634)
In a family law trial about parenting and support, the Court holds the mother’s move to Augusta is a change of residence, not a “relocation” under the CLRA, and permits it. The Court limits expanded overnights due to poor co-parenting, fixes child support and arrears, and stays s. 7 arrears pending CRA disability determinations.
Justice J. Audet

Civil Matters

AtkinsRéalis Construction (Pacific) Inc. v. Barton Malow Canada Ltd. (2026 ONSC 5896)
On a motion under the Arbitration Act, 1991, the court assumes jurisdiction to order an arbitrator’s explanation but declines to do so. It finds the remedy under s. 40(2) discretionary, weighs the applicant’s unexplained delay and arbitral finality, and notes the appeal court can require explanations under s. 45(4). The motion is dismissed.
Justice K. Jensen

Azzi v. Kelly (2026 ONSC 5774)
On a motion in a motor vehicle accident action, the Court appointed a litigation administrator for the deceased defendant’s estate to lift the automatic stay and let a scheduled jury trial proceed. It held that further adjournment would cause concrete prejudice, while the defence’s concerns were speculative and addressed by the appointment.
Justice A. Kaufman

Azzi v. Kelly (2026 ONSC 6045)
On a motion for leave to amend a statement of claim, the Court permits an increase in the damages claimed to match previously served expert reports. It finds no specific, non-compensable prejudice caused by the amendment, and rejects delay arguments because the defendant knew the claim could exceed policy limits. The motion is granted.
Justice A. Kaufman

Barton Malow Canada Ltd. v. AtkinsRéalis Construction (Pacific) Inc. (2026 ONSC 5903)
In an application to enforce arbitral awards, the court dismissed a claim for additional post-judgment interest on the HST component because the interest award was ambiguous. It held that, under s. 50 of the Arbitration Act, 1991, an enforcement judge may enforce only clear relief, not interpret or supplement the award.
Justice K. Jensen

Family Physiotherapy Centres Inc. v. MacQuarrie et al (2026 ONSC 5613)
In an action for solicitor negligence and breach of fiduciary duty arising from a share purchase, the Court finds the solicitor breached the standard of care and a fiduciary duty by not sharing a material retirement-home list. It awards $125,000 for overpayment, rejecting claimed losses tied to later OHIP changes.
Justice O. Rees

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

Piyau c. Lacassagne et al. (2026 ONSC 5641)
Dans une motion en radiation, le Tribunal conclut que la déclaration, bien qu’énonçant notamment négligence, rupture de contrat, diffamation et Charte, vise essentiellement à remettre en question des processus et décisions académiques protégés par la discrétion universitaire. Aucune cause d’action raisonnable n’est révélée; la déclaration est radioed sans autorisation de modification, avec dépens.
Juge A. Kaufman

Portelance c. 1343633 Ontario Inc. (2026 ONCS 5659)
Dans une motion avant procès portant sur des rapports d’experts, le Tribunal refuse de proroger les délais, faute d’explication raisonnable et vu le préjudice et le risque d’ajournement. Il autorise toutefois la modification de la déclaration pour ajouter une défenderesse, sous réserve de la prescription, puis ajourne le procès afin de permettre un avis juridique indépendant.
Juge M. Smith

Rona Inc. v. 11449346 Canada Inc. et al (2026 ONSC 5877)
On a motion for default judgment, the Court held a corporate director personally liable for unpaid construction materials under a personal guarantee and for breaches of the statutory trust under ss. 8 and 13 of the Construction Act. It granted declarations and judgment totalling $1,991,350 (inclusive of interest), plus substantial-indemnity costs.
Justice A. Doyle

Criminal Matters

His Majesty The King v. Gobin (2026 ONSC 5921)
On sentencing after a guilty plea, the judge imposed 5 years and 9 months (less 387 days’ pre-sentence custody credit) for discharging a restricted handgun with intent to wound or endanger life. After a Gardiner hearing, the Crown failed to prove he knew he was shooting at police, given extreme intoxication. Mental illness, rehabilitation, and harsh remand conditions reduced moral culpability and justified departing below the Bellissimo range.
Justice A. London-Weinstein

R. v. A.N. (2026 ONCJ 605)
In a youth sentencing decision following trial convictions, the Court holds that non-custodial options would not satisfy the YCJA given the gravity of fentanyl trafficking with a loaded handgun, rapid reoffending, and poor past compliance. It imposes an 18-month secure custody and community supervision order (with 1.5:1 credit) plus 12 months’ probation.
Justice A. Kortenaar Continue reading →

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

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

Continue reading →

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

Continue reading →

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