Find below recently published Ottawa decisions, available for free through CanLII.org.
Family Matters
Children’s Aid Society of Ottawa v. S.P. et al (2025 ONSC 2857)
In a child protection case, the Court placed custody with extended family members, prioritizing the child’s stability and best interests over competing plans from the parents and another relative. Supervised access was granted to the mother, while access for another relative was denied.
Justice M. Smith
Johnson v. Castellano (2025 ONSC 2844)
The Court struck a motion to change child support due to the Respondent’s persistent non-compliance with financial disclosure orders, despite multiple opportunities and warnings. The Court found the Respondent’s conduct willful and egregious, leaving no alternative remedy.
Justice B. Holowka
Huggins v. Hayhurst et al (2025 ONSC 2823)
The Court awarded full recovery costs of $89,651.81 to the successful party, citing the opposing party’s bad faith conduct, including non-compliance with court orders, fraudulent conveyances, and intimidation tactics.
Justice K. Jensen
Lemoine v. Mitchell (2025 ONSC 2599)
The Court increased interim spousal support to $3,000 monthly, declined retroactive support, granted additional parenting time, and allowed travel to the Akwesasne Reserve without the other parent’s consent, emphasizing the child’s best interests and cultural heritage.
Justice K. Jensen
Luque v. Garcia (2025 ONSC 2779)
The Court granted a father increased parenting time and joint decision-making responsibility, emphasizing the child’s best interests and stability. Allegations of family violence were noted but not substantiated, and the Court found no risk to the child in the father’s care. No costs were awarded.
Associate Justice I. Kamal
Abou-Assaly v. El-Saikali (2025 ONSC 2707)
The Court determined the date of separation, awarded sole decision-making for the youngest child to the mother, recognized her 50% beneficial interest in two properties via resulting trust, and ordered recalculations of child support arrears based on updated financial disclosures. The father’s claims and restraining order request were largely dismissed.
Justice M. Labrosse
Ebrahimi v. Ali Muradi (2025 ONSC 2718)
In an uncontested trial, the Court granted the mother sole decision-making responsibility for her minor child, citing the father’s absence and history of family violence. The Court denied child support due to insufficient evidence of the father’s income and granted the mother a divorce.
Justice N. Somji
Hayford v. Hayford (2025 ONSC 2594)
In a motion regarding relocation and interim parenting, the Court denied a mother’s request to move with her children to New Brunswick for education, finding it contrary to the children’s best interests due to the father’s significant involvement in their daily lives. Joint decision-making and a revised parenting schedule were ordered.
Justice N. Somji
Civil Matters
In The Matter of the Consumer Proposal of Marion Patricia Amos (2025 ONSC 2948)
The Court revived a consumer proposal annulled due to health-related financial difficulties, citing completed payments, creditor notice, and good faith compliance.
Associate Justice I. Kamal
Faulkner Real Estate Ltd. v. Sakto Corporation (2025 ONSC 2940)
In a mould exposure case, the Court awarded the Defendants $225,000 in costs, finding their settlement offers reasonable and the Plaintiffs’ recovery of $4,000 nominal compared to their $6,000,000 claim. The Court exercised discretion to award costs on a partial indemnity basis throughout, reflecting the Defendants’ overwhelming success.
Justice R. Smith
Duffy v. McDaniel (2025 ONSC 2899)
The Court dismissed a motion to remove a litigation guardian, finding insufficient evidence to prove the plaintiff’s capacity to manage litigation independently under procedural rules. The evidence, including a capacity assessment, failed to address the specific legal test for disability in the context of the ongoing proceedings.
Justice S. Corthorn Continue reading