Recent Newmarket Decisions Found on CanLII - July & August 2025
Case summaries are CanLII AI-Generated
Civil
Serena Homes v. Shakil et al, 2025 ONSC 3855 - Justice De Sa
In a construction lien dispute, the Court reduced the lien amount due to errors but declined to discharge it entirely, finding unresolved issues regarding the agreement's terms and outstanding payments. The matter was deemed suitable for trial to determine the exact amounts owed and the validity of mark-ups.
Coreslab Structures v. Vitmont Holdings, 2025 ONSC 4544 - Justice De Sa
The Court enforced a settlement agreement, ruling that payment delays justified awarding contractual interest despite a mutual release clause.
Han v. Qi, 2025 ONSC 4423 - Justice Bale
In a dispute over farm management and financial mismanagement, the Court allowed amendments to the statement of claim, striking certain claims while permitting others to proceed, including allegations of fiduciary breaches and punitive damages. The plaintiff was granted 30 days to amend the claim.
Xiao v. He, 2025 ONSC 4418 - Justice Charney
The Court extended a Mareva injunction, finding a strong prima facie case of fraud and a serious risk of asset dissipation. The Defendant's pattern of deceit and unexplained surplus borrowing supported the decision, while claims of non-disclosure by the Plaintiffs were deemed immaterial.
Criminal
R. v. Moore, 2025 ONCJ 441 - Justice Townsend
The Court sentenced the Accused to 13 years for kidnapping with a firearm, considering aggravating factors like sexual assault, reckless firearm use, and prolonged victim trauma. Mitigating factors included pre-sentence custody and family support. The sentence reflects proportionality, denunciation, and deterrence for the violent and degrading offences.
R. v. Swales, 2025 ONCJ 440 - Justice Bourque
The Court convicted the Accused of driving with excess alcohol, rejecting the statutory defence under section 320.14(5) due to insufficient evidence of post-driving alcohol consumption and lack of expert testimony. The Accused was acquitted of impaired driving and mischief due to reasonable doubt regarding impairment and intent to damage property.
R. v. Akbari, 2025 ONCJ 398 - Justice Prutschi
The Court sentenced the Accused to a 60-day conditional sentence and three years' probation for hate-motivated threats against Jewish people and synagogues. The sentence emphasized denunciation and deterrence, reflecting the gravity of the offence and its impact on the Jewish community, while considering mitigating factors like rehabilitation efforts.
R. v. Beals, 2025 ONSC 4342 - Justice Sutherland
The Court sentenced the Accused to 10 years for fentanyl trafficking and firearm offences, reduced to 7 years, 9 months after credit for pretrial custody. Systemic anti-Black racism, harsh pretrial conditions, and rehabilitation potential were key mitigating factors, while the seriousness of the offences and prior record were aggravating.
R. v. Radmehr, 2025 ONCJ 387 - Justice Townsend
The Court acquitted the accused of criminal harassment, finding the website he created caused embarrassment but did not instill reasonable fear. A peace bond was also denied, as the complainant's fear was deemed unreasonable and unrelated to the alleged threatening conduct.
R. v. Baulk, 2025 ONCJ 375 - Justice Prutschi
The
Court sentenced a first-time offender to 22 months' imprisonment for
child luring, emphasizing denunciation and deterrence while considering
mitigating factors like remorse, early guilty plea, and rehabilitation
potential. The sentence reflects appellate guidance to increase
penalties for such offences due to their gravity and societal harm.
Family
Safieh v. Hamza, 2025 ONCA 496 - Paciocco J.A. (Motions Judge) - Constance Nielsen for the respondent
In
a family law dispute, the Court reinstated an appeal dismissed for
delay, granting an extension of time. Conditions were imposed to address
concerns about asset dissipation, including financial disclosure, an
irrevocable letter of credit, and undertakings to preserve assets.
Ierullo v. Ierullo et al, 2025 ONSC 4851 - Justice Jarvis
In
a combined family and civil trial, the Court awarded costs to the wife
and her daughter, emphasizing proportionality and reasonableness. The
husband’s civil action was deemed unnecessary, and his allegations of
fraud lacked foundation. Costs were reduced for excessive claims and the
daughter’s involvement in oppressive conduct.
DiBlasi v. DiBlasi, 2025 ONSC 4763 - Justice Jarvis
In a family law costs ruling, the Court awarded $100,000 plus HST to the wife, citing her partial success and the husband's bad faith conduct, including unreasonable litigation positions and misrepresentation. The Court emphasized proportionality and the importance of Offers to Settle in family law proceedings.
Olowookere v. Olowookere, 2025 ONSC 4130 - Justice Daurio
In a family law dispute, the Court determined the date of separation as June 15, 2021, based on evidence of relationship breakdown. Alleged loans totaling $1.8 million from the applicant’s siblings were dismissed due to insufficient corroboration, impacting equalization calculations. The applicant was ordered to pay an equalization payment and post-separation adjustments.
