Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Oleinikova v. Al-Karmi (2025 ONSC 5363)
The Court ruled that the parties separated on October 5, 2022, based on evidence of irreparable marital breakdown, rejecting the husband’s claim of an earlier separation date. The decision impacts the valuation date for equalization of property under the Family Law Act.
Justice J. Audet
Ahmed v. Kauser (2025 ONSC 5303)
The Court ruled that one child’s habitual residence was Ottawa and the other’s was Mississauga. To avoid duplicative proceedings, the Court stayed the Ottawa application in favour of the earlier Brampton proceeding, noting safeguards against the risk of international child removal.
Justice A. Kaufman
Civil Matters
Morin Bros. Building Supplies Inc. v. Bond Group Ottawa 2018 Inc. et al (2025 ONSC 5561)
The Court granted summary judgment, finding the defendants liable for breach of contract and statutory trust obligations under the Construction Act. The plaintiff was entitled to damages, including interest, but was not permitted to reallocate payments contrary to the defendants’ instructions. Directors were held personally liable for trust breaches.
Justice O. Rees
AGC v. Blackett (2025 ONSC 5523)
The Court dismissed a motion for summary judgment, finding that procedural unfairness in revoking escorted temporary absences may raise a reasonable apprehension of bias and a deprivation of residual liberty, warranting further review.
Justice A. London-Weinstein
Tella v. A.B. (2025 ONSC 5488)
In a defamation case dismissed under anti-SLAPP provisions, the Court awarded the Defendant $60,795.56 in costs, emphasizing the statutory presumption of full indemnity costs and proportionality, while reducing the amount due to the Defendant’s partial success and unnecessary evidentiary submissions.
Justice I. Carter
8750297 Canada Inc. v. Ambassador Realty Inc (2025 ONSC 5479)
The Court granted relief from forfeiture, finding the tenant’s failure to provide timely written notice to renew a commercial lease was due to illness, inadvertence, and reasonable reliance on past practices. The tenant demonstrated good faith, significant investment in the premises, and prompt action upon realizing the oversight.
Justice A. Doyle
Zuccarini et al. v. Zuccarini et al. (2025 ONSC 5480)
In a contentious estate dispute, the Court appointed a neutral litigation administrator to represent the estate, rejecting a conflicted party’s proposal. The administrator’s fees will be paid by the estate or related corporations, with adjustments possible if assets are insufficient.
Justice M. Smith
Dalios et al v. Price et al (2025 ONSC 5469)
In a buy-sell dispute between shareholders of a dental practice, the Court refused to fix the practice’s value or reduce the purchase price for one party, emphasizing the parties’ agreed terms and equitable principles.
Justice M. Labrosse
St. Denis v. Intact Insurance (2025 ONSC 5416)
The Court denied a motion for summary judgment, finding that some claims against the insurer fell outside the scope of releases and limitations clauses. The case involves allegations of insufficient insurance coverage and contractor negligence, which require resolution at trial. Partial summary judgment was deemed inappropriate for efficiency and cost reasons.
Justice I. Carter Continue reading