Recent Newmarket Decisions Found on CanLII - April 2025
Descriptions are CanLII AI-generated. Comments on our library newsletter content are always welcome.
Civil
Arista Homes (Boxgrove Village) Inc. v. Ding, 2025 ONSC 2581 - Justice Casullo
In a dispute over a failed real estate transaction, the Court ruled the deposit was proportionate to the purchase price and not unconscionable to retain. Relief from forfeiture was denied, and the remaining deposit balance was forfeited to the seller.
Orsetto v. 2416022 Ontario Ltd. et al. 2025, 2025 ONSC 2468 - Justice Mathai
The Court granted an oppression remedy, removing a director for misappropriating corporate funds, breaching fiduciary duties, and oppressive conduct, including threats.
Criminal
R. v. Havasova, 2025 ONCJ 241 - Justice Bergman
The Court ruled that the accused's breath test results were admissible, finding no Charter breaches during the roadside investigation. Even if a breach had occurred, it would not justify excluding the evidence under section 24(2) of the Charter. The accused was found guilty of operating a vehicle with blood alcohol over the legal limit.
R. v. Chen, 2025 ONCJ 217 - Justice Cooper
The Court found breaches of the Accused’s Charter rights under sections 10(a) and 10(b) but admitted the evidence, ruling the breaches were not severe enough to exclude it. The Accused was convicted of trafficking ketamine, with a sentence reduction granted as a remedy under section 24(1) of the Charter.
R. v. Vitellaro, 2025 ONCJ 200 - Justice Kenkel
The Court found the accused guilty of impaired operation, dangerous driving, and refusal to provide a bodily sample. Alleged Charter breaches, including right to counsel and trial delay, were dismissed. The Court determined the accused’s testimony lacked credibility, and the Crown proved all charges beyond a reasonable doubt.
R. v. E.G.-G., 2025 ONCJ 199 - Justice Robinson
The Court sentenced the Accused to a suspended sentence with 18 months probation for publishing intimate images without consent. The decision balanced denunciation, deterrence, and rehabilitation, considering the offender's remorse, lack of criminal record, and rehabilitative efforts, while emphasizing the gravity of the offence and its impact on the victim.
Family
Huang v. Li, 2025 ONSC 2432 - Justice Himel
In a family law dispute, the Court struck the wife’s pleadings due to repeated, willful breaches of court orders, including failure to attend questioning and provide required property sale documents. The Court deemed striking pleadings a proportionate remedy after multiple opportunities to comply were ignored.
Brown v. Brown, 2025 ONSC 2336 - Justice Jarvis
In a family law case, the Court awarded $40,000 in costs to the mother, citing inadequate child support, legal expenses for a failed domestic contract, and the father’s unreasonable settlement positions. The Court emphasized that costs should rarely be awarded post-settlement unless compelling reasons exist, as in this case.
Rasaei v. Bahman, 2025 ONSC 2074 - Justice Finlayson
The Court ruled that spousal support can be claimed under Ontario's Family Law Act after a foreign divorce, interpreting "spouse" broadly to include former spouses. This decision challenges prior restrictive case law, emphasizing legislative intent, fairness, and access to justice. The foreign divorce was not recognized, and significant financial orders were made.
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