Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Allvey-Greiss v. Greiss (2025 ONSC 4438)
In a family law dispute, the Court imposed a $10,000 penalty on the father for repeated, chronic failures to comply with financial disclosure orders, emphasizing the importance of timely and complete disclosure. Parenting and respite care issues were adjourned pending an assessment of the adult child’s capacity.
Justice M. Smith
Bonaparte v. Opthof (2025 ONSC 4435)
In a family law case, the Court allowed limited pre-trial questioning of a psychiatrist whose report was central to parenting issues. The Court found the questioning necessary to ensure fairness, clarify evidence, and narrow issues, as the information sought was not otherwise accessible and would not cause undue delay or expense.
Associate Justice I. Kamal
Civil Matters
Yasin v. Ottawa Community Housing Corporation, et. al. (2025 ONSC 4586)
In a personal injury case, the Court upheld the plaintiff’s pleadings, finding allegations of systemic failures and foreseeability relevant to the landlord’s duty of care. The defendants were ordered to provide better affidavits of documents after collaborative discovery planning, emphasizing proportionality and cooperation under the Rules.
Justice C. MacLeod
Salem et al. V. Ried (2025 ONSC 4554)
The Court ordered costs against a plaintiff for failing to attend a pre-trial conference, causing trial adjournment. Immediate costs of $1,000 were awarded to each opposing party, with additional costs for wasted trial preparation deferred until case resolution.
Justice M. Smith
V2 Investment Holdings Inc. v. Sam Mizrahi (2025 ONSC 4549)
In a loan enforcement case involving a $14 million debt, the Court awarded the lender $108,000 in substantial indemnity costs, finding the loan agreement’s cost recovery provision sufficiently clear and the requested amount reasonable given the case’s complexity and parties’ sophistication.
Justice C. Hackland
Spinney v. Fowlie (2025 ONSC 4547)
The Court awarded partial indemnity costs to the applicants after setting aside an arbitration award due to procedural unfairness. The respondent’s active opposition to the application justified the costs order, while the other respondent, who did not oppose the relief, was not liable for costs.
Justice C. Hackland
Croskery v. Pomeroy (2025 ONSC 4528)
A motion for a writ of possession was adjourned as the Court found insufficient evidence to determine whether the Residential Tenancies Act applied. The Court emphasized the need for clarity on living arrangements and tenant relationships, requiring notice to affected parties and further submissions before making a decision.
Associate Justice I. Kamal
Higgins v. Labadie (2025 ONSC 4464)
The Court adjourned a motion to approve a settlement for minor plaintiffs, citing insufficient evidence to assess its reasonableness and clarity on key issues, including quantum, solicitor-client fees, and procedural compliance. The plaintiffs must provide additional materials to address these deficiencies before the motion can proceed.
Justice S. Corthorn
Merkley v. St. Lawrence College of Applied Arts and Technology (2025 ONSC 4368)
This personal injury case examined whether the defendants breached their duty of care under the Occupiers’ Liability Act. The Court found the defendants liable, citing improper winter maintenance practices, including the ineffective use of salt in extreme cold, which failed to prevent the plaintiff’s slip and fall.
Justice C. Hackland Continue reading