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

Family Matters

Chyher v. Al Jaboury (2025 ONSC 4252)
In a parenting trial, the Court ordered the Respondent to pay $60,000 in costs due to unreasonable and harmful conduct, including alienation and bad faith actions, despite his partial success. The Court emphasized proportionality, settlement offers, and the Respondent’s detrimental behavior toward the children and the Applicant.
Justice T. Engelking

Singh v. Kaur (2025 ONSC 4122)
The Court ordered interim parenting time for the father while addressing family violence allegations involving extended family. The decision emphasized the child’s best interests, including stability, cultural considerations, and the impact of family dynamics, rejecting a 50/50 parenting schedule due to concerns about extended family members’ conduct.
Associate Justice I. Kamal

Civil Matters

Overtveld and Gi-Las Management v. Joy Overtveld et al. (2025 ONSC 295)
The Court held a lawyer personally liable for costs after he initiated unauthorized, baseless litigation to avoid case management. His conduct, including failing to substantiate his retainer and disregarding procedural obligations, warranted substantial indemnity costs under Rules 15.02 and 57.07.
Justice M. Labrosse

Place Laurier Ltd. v. The Manufacturers life Insurance Company (2025 ONSC 4172)
The Court dismissed an appeal of an arbitration award, finding no legal errors in the arbitrator’s determination of land value. Leave to appeal was granted on some issues, but the arbitrator’s reasoning and application of legal principles were upheld.
Justice K. Jensen

Mitel Networks Corporation v. Division Integral de Telefonia S.A. DE CV (2025 ONSC 4142)
The Court granted default judgment against a distributor for breaching a distribution agreement and failing to pay $1,174,966.98 USD. The plaintiff was awarded damages, interest, and costs after extensive efforts to serve the claim under the Hague Service Convention.
Justice A. London-Weinstein

Rossetti v. Rossetti et al. (2025 CanLII 66313)
A family property dispute was resolved with a vesting order granting two co-owners equal ownership. Procedural hurdles, including unrepresented estates and an unlocatable trustee, were addressed. The court found the vesting order equitable, given the lack of opposition and the co-owners’ financial contributions to property taxes.
Justice S. Corthorn

Chekhovtsova v. Mutschler, et al. (2025 ONSC 4077)
A motion to set aside a dismissal for delay was denied. The Court found no satisfactory explanation for the seven-year delay, no evidence of intent to prosecute within time limits, and significant prejudice to the defendant due to lost evidence and witness unavailability.
Associate Justice I. Kamal

Issa v. Aiello (2025 ONSC 4055)
The Court upheld the validity of a 2016 will, finding it was duly executed and supported by uncontroverted evidence. Allegations of undue influence, lack of testamentary capacity, and improper execution were dismissed as unsupported by evidence, and the applicant’s claims were rejected in their entirety.
Justice R. Ryan Bell Continue reading →

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

Family Matters

Ehdego v. Puni (2025 ONSC 3962)
In a family law dispute, the Court denied a mother’s request to relocate with her child to British Columbia, citing insufficient evidence of compelling circumstances and prioritizing the child’s best interests. The Court ordered a shared parenting schedule and imputed income for child support calculations.
Justice V. Naik

Civil Matters

Buffa v. Giacomelli (2025 ONSC 4024)
The Court found that a mother’s inter vivos gifts to her daughter were valid, as the daughter rebutted the presumption of resulting trust by proving the mother’s clear intention to gift. The son’s claims of undue influence and unconscionable procurement were dismissed due to insufficient evidence.
Justice M. Smith

Nagy et al. v. Guay (2025 ONSC 3935)
The Court dismissed a claim alleging a neighbour’s curb wall caused a water-related nuisance, finding no substantial or unreasonable interference.
Justice A. Doyle

Locke v. Ottawa Police Services et al. (2025 ONSC 3745)
The Court dismissed a motion to strike a claim alleging police misfeasance in public office, finding the claim not statute-barred under the Limitations Act and sufficiently distinct from a prior dismissed action. The plaintiff’s allegations of deliberate misconduct and harm met the threshold for a reasonable cause of action.
Justice A. Doyle

Bell v. Bisaillon (2025 ONSC 3965)
The Court found the seller waived a solicitor review condition and acted in bad faith by refusing to close a real estate transaction. Specific performance was granted as the property was deemed unique, and damages were inadequate.
Justice R. Ryan Bell

Zuccarini v. Zuccarini (2025 ONSC 3925)
In a dispute involving an estate and corporate defendants, the Court ordered all defendants to retain separate legal representation. The Court declined to impose a deadline for retaining counsel, emphasizing that the terms of the order must reflect the original ruling without adding unenforceable provisions.
Justice S. Corthorn

Debela v. Ives (2025 ONSC 3992)
A personal injury action was reinstated after being administratively dismissed for delay. The Court found the delays were attributable to counsel, not the plaintiff, and no prejudice to the defendant was demonstrated. The Court emphasized the preference for resolving cases on their merits over procedural dismissals.
Associate Justice K. Perron

Hennebury v. Makita Canada Inc. (2025 ONSC 3850)
The Court granted summary judgment, finding a product liability claim barred by the 15-year ultimate limitation period under the Limitations Act. The alleged defect in a power tool did not constitute a continuing act or omission, and no exceptions to the limitation period applied.
Justice A. London-Weinstein

Tella v. A.B. (2025 ONSC 3835)
A defamation lawsuit was dismissed under anti-SLAPP legislation as most statements related to public interest and were protected by absolute privilege. The Court allowed anonymity for the defendant but declined to seal the court record. The plaintiff may pursue a new action for limited statements not engaging public interest.
Justice I. Carter Continue reading →

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

Family Matters

Zychla v. Chuhaniuk (2025 ONSC 3594)
The Court determined that an Associate Justice lacks jurisdiction to order a Voice of the Child report under the Children’s Law Reform Act. The motion was referred to a judge for written determination, with parties allowed to submit supplementary evidence addressing evidentiary deficiencies.
Associate Justice I. Kamal

Joseph Nzambayulu Mboma c. Marie Mbwamuyolo (2025 ONCS 3548)
Le Tribunal a annulé un mariage, concluant que l’une des parties était déjà mariée en République démocratique du Congo et n’avait jamais divorcé. La date de séparation a été fixée au 1er avril 2018.
Juge B. Holowka

Civil Matters

Bigabo Mugunda v. Miller-Richard et al. (2025 ONSC 3836)
The Court denied substituted service through an insurer, finding insufficient evidence of impracticality and likelihood of notifying the defendant. Time for service was extended, and leave to amend the Statement of Claim was granted, as no prejudice to the defendants was established.
Associate Justice I. Kamal

Dunlap v. Williams (2025 ONSC 3708)
The Court granted a charging order for unpaid disbursements in a personal injury case but dismissed claims for other fees as statute-barred due to expired limitation periods. Interest was awarded at 3% annually, rejecting the higher rate sought by the applicants. No costs were awarded.
Justice S. Corthorn

Lesser v. Meta Platforms Inc. et. al (2025 ONSC 3778)
The Court granted a motion requiring an internet service provider to disclose subscriber information linked to an IP address. The Court determined the request met the criteria under Rule 30.10, as the information was relevant, necessary, and its absence would unfairly hinder the plaintiff’s case.
Associate Justice I. Kamal

Kakkar v. Her Majesty the Queen in Right of Ontario (2025 ONSC 3776)
A proposed class action was dismissed due to the plaintiff’s six-and-a-half-year delay in advancing the case, failing to meet court-ordered deadlines, and not filing required materials. The court found the delay contrary to the purpose of expeditious class proceedings and dismissed the claim under Section 29.1 of the Class Proceedings Act.
Justice R. Smith

Abada v. University of Ottawa (2025 ONSC 2702)
The Court dismissed a former PhD student’s claims of negligence, breach of contract, and tortious conduct against his supervisor, a university, and an assistant, finding the issues were academic in nature and previously resolved through internal university processes. The plaintiff failed to prove damages or intentional misconduct by the defendants.
Justice R. Smith

E. Automotive Inc. v. Autocorp. AI. Inc. (2025 ONSC 3629)
A shareholder’s claim of oppression due to share dilution below one-third was dismissed. The Court found no evidence of a reasonably held expectation against such dilution, emphasizing that statutory voting rights were not violated. The transaction, aimed at preventing insolvency, was deemed a valid business decision.
Justice I. Carter

Laughren v. Grant (2025 ONSC 3720)
In a Family Law Act claim, the Court ordered the plaintiff’s mother, a non-party, to produce financial and abuse-related documents, finding them relevant and necessary for assessing damages. The Court emphasized fairness, privacy considerations, and the high threshold for non-party production, awarding costs against the plaintiff.
Associate Justice K. Perron

Simms et al v. Mann Lawyers LLP (2025 ONSC 3168)
A motion to oppose a cost assessment certificate was dismissed as untimely. The applicant’s two-year delay lacked sufficient justification, and the appeal was deemed without merit. The court found no basis to extend the time for filing the motion, emphasizing the importance of finality in litigation.
Justice M. Flaherty Continue reading →

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

Family Matters

Varghese v. Visram (2025 ONSC 3480)
In a family law motion, the Court denied a mother’s request for a restraining order against the father, finding no evidence of harassment or danger to her or the children. The Court emphasized the need for counselling and a parenting plan to address the children’s reluctance to interact with their father.
Justice C. Hackland

Irwin v. Miana (2025 ONSC 3460)
In a family law costs dispute, the Court awarded partial indemnity costs, considering the Respondent’s mental health as a factor against full indemnity, despite the Applicant’s more favourable settlement offer.
Justice A. London-Weinstein

McElroy v. Spence (2025 ONSC 3433)
In a motion addressing parenting time and child support, the Court found divided success and declined to award costs.
Justice A. London-Weinstein

Pruitt v. Pruitt (2025 ONSC 3405)
The Court ruled that a child’s habitual residence was Michigan before her removal to Ontario, ordering her return under the Hague Convention. Allegations of harm were insufficient to meet the grave risk exception, as Michigan courts could address protective measures.
Justice K. McVey

Grant v. Kirlew (2025 ONSC 3291)
The Court ruled that a binding settlement agreement was reached during mediation, despite the absence of a formal domestic contract. The agreement’s essential terms were clear, and the parties’ conduct confirmed their intent to be bound. The Court enforced the settlement under family law principles.
Justice B. Holowka

Civil Matters

Basnandan v. Jones (2025 ONSC 3438)
The Court found the purchasers in anticipatory breach of a commercial real estate agreement and ordered the deposit released to the vendor, rejecting relief from forfeiture as the deposit was proportionate and not unconscionable to retain.
Justice S. Corthorn

Chieffallo v. Blair (2025 ONSC 3411)
The Court confirmed the renunciation of an estate trustee, upheld the distribution of estate assets per the will, and ruled that certain properties and accounts did not form part of the estate. The trustee’s discretion in distribution was upheld, and claims of intermeddling and non est factum were rejected.
Justice R. Ryan Bell

In the Estate of William McGarry, deceased (2025 ONSC 3299)
The Court rejected a request to dismiss an application challenging a suspicious will and life insurance designations. Instead, it appointed neutral third-party trustees to manage the estate during litigation, citing potential conflicts of interest and the need for procedural fairness. Directions for further proceedings were also issued.
Justice M. Smith Continue reading →

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

Family Matters

Nouh v. ElAbbasy (2025 ONSC 3154)
The Court granted urgent, without-notice parenting orders to prevent the removal of children from Ontario, citing family violence, coercive control, and flight risk. Video parenting time was also ordered to support the children’s relationship with their mother, emphasizing their best interests and stability.
Associate Justice I. Kamal

D.C. v. B.A.T. (2025 ONSC 3107)
In a family law dispute, the Court apportioned costs based on divided success, withdrawal of claims, and party conduct. The Respondent was awarded $10,000 in costs, reflecting her success on parenting issues and the Applicant’s entitlement to costs for withdrawn financial claims.
Justice I. Carter

Wang v. He (2025 ONSC 3072)
A motion for urgent parenting orders was dismissed as the Applicant failed to demonstrate immediate harm, urgency, or hardship. The Court emphasized adherence to procedural rules and criticized counsel’s conduct, including inappropriate use of a “without notice” motion and excessive materials, resulting in costs awarded against the Applicant.
Associate Justice I. Kamal

Rowley v. Bowick (2025 ONSC 2990)
In a family law costs decision, the Court awarded $15,000 to the successful party, balancing their success, reasonable offers to settle, and the opposing party’s financial hardship. Both parties acted reasonably, and the award reflected proportionality and the importance of the issues.
Justice K. Jensen

Civil Matters

Duffy v. McDaniel (2025 ONSC 3227)
The Court approved the settlement, solicitor-client fees, and structured payment schedule for a catastrophically injured plaintiff, ensuring the arrangement was reasonable and in his best interests.
Justice S. Corthorn

1343633 Ontario Inc. et al. v. Michael Coghlan et al. (2025 ONSC 3180)
The Court ordered two related actions to be heard together, finding common questions of fact and law arising from an Estate Freeze transaction. Consolidation was deemed necessary to avoid inconsistent findings, reduce costs, and ensure judicial efficiency, despite objections regarding potential delays and procedural concerns.
Associate Justice K. Perron

1750738 Ontario Inc. c. 6888631 Canada Inc. et al (2025 ONCS 3145)
La Cour conclut que l’arbitre a erré en annulant une ordonnance judiciaire, mais valide sa reconnaissance d’une condition implicite liée à une licence obligatoire pour l’exécution d’un contrat verbal. L’interprétation contractuelle et les clauses implicites relèvent de questions mixtes de fait et de droit, limitant les droits d’appel.
Juge O. Rees

Laxton v. Laxton (2025 ONSC 3138)
The Court found an elderly woman incapable of managing property and appointed her husband and son as joint guardians. It waived the requirement to post security due to prohibitive costs and set a timeline for passing accounts, prioritizing her care and family trust.
Justice S. Corthorn

Hansa Mortgage Investment Corporation v. Irving et. al (2025 ONSC 2972)
The Court granted a mortgagee leave to issue a writ of possession and ordered the discharge of a Certificate of Pending Litigation (CPL). The CPL was deemed to lack practical utility due to the property’s negative equity and the mortgagee’s superior claim, balancing equities and pragmatic considerations.
Associate Justice I. Kamal Continue reading →

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 →

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

Family Matters

Runolfson v. Runolfson (2025 ONSC 2434)
In a family law dispute, the Court ordered the immediate sale of a jointly owned cottage under the Partition Act, rejecting the father’s request to delay the sale until equalization was resolved. The Court found no prejudice to either party and set conditions for the sale process.
Justice N. Somji

Civil Matters

Mitton v. Ministry of Transportation (2025 ONSC 2645)
In a motor vehicle collision case, the Court awarded significant costs to the plaintiff, finding the defendant and third party acted unreasonably by prolonging litigation and disputing a reasonable settlement. The defendant’s insurer’s insistence on third-party contribution and the third party’s refusal to accept the settlement were key factors.
Justice J. Hooper

Ontario Federation of All Terrain Vehicle Clubs v. Ireland (2025 ONSC 2639)
A motion to set aside a default judgment in a defamation case was dismissed. The Court found the moving party intentionally ignored the process, failed to provide a reasonable explanation for non-attendance, and did not demonstrate a valid defence.
Justice C. MacLeod

Township of Greater Madawaska v. Desjardins (2025 ONSC 2624)
The Court dismissed a motion to bifurcate liability and damages in a Rule 76 proceeding, finding it would double trial time, prejudice the property owners, and fail to simplify or reduce costs in the litigation.
Justice J. Hooper

Nadeau v. 2125245 Ontario Inc. (2025 ONSC 2598)
In an estate dispute, the Court denied interim support to the deceased’s common-law spouse, finding her financial needs met until the hearing. However, the Court ordered her to pay occupation rent and utilities for residing rent-free in a property owned by a corporation, citing unjust enrichment.
Justice I. Carter

Samura v. Scott (2025 ONSC 2564)
In a personal injury case, the Court denied a motion to amend the claim to proceed under simplified procedure. The Court found the amendment would unfairly prejudice the defendant and constituted a tactical abuse of process, as the plaintiff pursued ordinary litigation for six years before seeking this change.
Justice C. MacLeod

Eid v. Attorney General of Canada (2025 ONSC 2555)
The Court struck the plaintiff’s claim, finding he lacked legal capacity to sue as the property belonged to a bankrupt corporation. The pleading’s deficiencies, including failure to name a Crown servant and expired limitation periods, were deemed irremediable. The action was dismissed with costs awarded to the defendant.
Justice S. Corthorn

Rothmar Holdings Inc. v. The City of Cornwall (2025 ONSC 2536)
The Court declined to award costs in building permit appeals, citing insufficient fact-finding, inability to assess relative success, and the inappropriateness of investigating merits solely for costs determination.
Justice S. Corthorn

Egan v. National Research Council of Canada (2025 ONSC 2533)
The Court adjourned a motion to amend a certification order to include punitive damages as a common issue, requiring the plaintiffs to first amend their pleadings to clarify the basis of their claim and allow the defendant an opportunity to respond.
Justice R. Smith

Miller Desjardins v. JF Lajoie Construction Inc. et al (2025 ONSC 2522)
A home inspector was found negligent and liable for misrepresentation after failing to report significant visible deficiencies in a property. The plaintiffs reasonably relied on the inspection report, leading to damages for repair costs. The court awarded $64,211.80 for foundation, roof, and window repairs.
Justice M. Flaherty Continue reading →

Editors Note: We are continuing to evaluate the AI summaries and keywords available through CanLII. Currently, it is not possible for us to return to a short (4 to 6 item) list of terms, and so for this week we will continue to use the AI-generated summary, as it presents the most succinct but still detailed analysis of the case available. 

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

Family Matters

Abid v. Mahmud (2025 ONSC 2220)
The Court dismissed a motion for urgency in a parenting time dispute, emphasizing progress in resolution discussions and the non-binding nature of case conference recommendations. It reinforced the confidentiality of case conference discussions to encourage candid settlement negotiations.
Associate Justice I. Kamal

Civil Matters

Gillis et al. v. Lacasse et al. (2025 ONSC 2200)
In a costs dispute following a $14,000 settlement, the Court ruled both parties acted unreasonably, awarding minimal costs to the plaintiffs.
Justice H. Williams

Layton v. Canadian Dental Hygienists Association (2025 ONSC 2156)
In a property dispute under the Simplified Procedure, the Court awarded $35,000 in costs to the successful party, emphasizing proportionality and rejecting claims for elevated costs despite procedural delays and excessive litigation conduct.
Justice M. Smith

Meehan et al v. Good et al (2025 ONSC 2247)
The Court dismissed a motion to bar a defendant from revisiting prior findings on a lawyer’s negligence, ruling that the doctrine of abuse of process did not apply as the prior proceeding’s findings were not definitive, and fairness required allowing the defendant to fully defend against the claims.
Justice A. Kaufman

Davis v. Attorney General of Canada et al (2025 ONSC 2173)
The Court struck a negligence claim against Transport Canada, finding no private law duty of care owed to pilots during medical certification processes, as the regulatory framework prioritizes public safety over individual economic interests. The claim was also found to conflict with policy considerations, including risks of indeterminate liability.
Justice K. Jensen

Welch LLP v. iHealthOx Inc. (2025 ONSC 2128)
The Court upheld a default judgment against a corporation but set it aside for its CEO, finding she had an arguable defence regarding personal liability. The CEO must pay costs and file a defence within 30 days to proceed. Failure to open mail was deemed an invalid excuse for non-response.
Justice G. Mew

Court of Appeal Decisions of Local Interest

R. v. Pinard (2025 ONCA 290)
The Court dismissed the appeal, finding no errors in the trial judge’s jury instructions on possession or assistance to the self-represented accused. The trial judge’s efforts, including appointing amicus curiae, were commended. Additional grounds of appeal, including disclosure issues and admission of discreditable conduct evidence, were also rejected.
Justices J. MacPherson, L. Sossin, and P. Monahan

R. v. Ahmed (2025 ONCA 286)
The Court dismissed the appeal of a second-degree murder conviction, finding no errors in rejecting self-defence and provocation. The trial judge’s factual findings, including credibility assessments and analysis of CCTV evidence, were upheld as reasonable and supported by the evidence.
Justices J.M. Fairburn, S. Coroza, and D. Baltman

Douglas v. Faucher (2025 ONCA 293)
In a family law appeal, the Court upheld the motion judge’s findings of a material change in circumstances, the respondent’s parenting time exceeding 40%, and the retroactive adjustment of child support. The appellant’s arguments were dismissed, and the motion judge’s discretionary application of child support principles was affirmed.
Justices E. Gillese, S. Gomery, and R. Pomerance