Recent Newmarket Decisions Found on CanLII - July & August 2026
Case summaries are CanLII AI-Generated
Civil
Maniaci et al v. Chicago Title Insurance Company, 2026 ONSC 4906 - Justice Edwards
In an application for declaratory relief, the Court holds the title insurer generally must defend the lawyer and reimburse defence costs where the pleadings, reasonably read, include a possibility of covered solicitor negligence under the indemnity agreement and policies. It denies a duty to defend where negligence is not pleaded. Allocation is deferred.
Meadowlands Group Inc. v. Hark Construction, 2026 ONSC 4789 - Justice McCarthy
The Court ruled that a subcontractor's lien expired as it was not preserved within 60 days of completing work, as required under the Construction Act. The absence of privity of contract with the owner further barred claims in contract or equity. The lien was discharged, and the action dismissed.
1277703 Ontario Inc. o/a Classic View v. Yokev et al, 2026 ONSC 4636 - Associate Justice Mak
The Court dismissed a motion to extend the deadline for serving an expert report, finding no reasonable explanation for the delay.
Viele v. Linton, 2026 ONSC 4175 - Justice McCarthy
The Court awarded partial indemnity costs of $81,625.84 to the successful defendants, finding the plaintiff's claim an abuse of process but rejecting substantial indemnity costs as disproportionate.
Galloway v. Corporation of the Town of Newmarket, 2026 ONSC 4113 - Associate Justice Mak
The Court removed a defendant's lawyers due to a conflict of interest arising from their law clerk's prior work relationship with the plaintiff, finding a likelihood the clerk could provide material evidence at trial, potentially compromising the integrity of the justice system.
A financial planner was wrongfully dismissed for alleged misconduct. The Court found no just cause, criticized the employer's flawed investigation, and awarded damages for wrongful dismissal, mental distress, and punitive damages. The employer was ordered to correct regulatory filings that harmed the employee's career.
Criminal
R. v. Armstrong, 2026 ONCA 615 - On appeal from the convictions entered by Justice Suzan Fraser of the Superior Court of Justice on November 5, 2024.
In a criminal appeal from convictions, the Court upholds the denial of a Charter-based request to exclude evidence found during a protective pat-down search. It finds no palpable and overriding error in the application judge’s credibility findings about an officer’s inconsistent evidence and failure to file a use of force report, and dismisses the appeal.
R. v. S.W., 2026 ONCA 594 - On appeal from the convictions entered by Justice Annette Casullo of the Superior Court of Justice, on February 10, 2025, with reasons reported at 2025 ONSC 1224.
In a criminal appeal from sexual offence convictions, the appellate court held it was an error to permit an 18-year-old complainant to testify under a promise to tell the truth, but found it functionally equivalent to an oath or affirmation and applied the curative proviso. Other alleged credibility and misapprehension errors failed. Appeal dismissed.
R. v. Maniatis, 2026 ONCA 567 - On appeal from the decision of Regional Senior Justice Mark L. Edwards of the Superior Court of Justice, dated March 21, 2024, with reasons reported at 2023 ONSC 1682, allowing an appeal from the acquittal entered on August 18, 2022, by Justice David M. Gibson of the Ontario Court of Justice.
The Court held that a vehicle's inoperability and lack of realistic danger cannot rebut the presumption of operation under s. 320.35. The presumption applies unless the accused proves they did not occupy the driver’s seat to set the vehicle in motion. The appeal was dismissed, and a new trial was ordered.
R. v. Hayatibahar, 2026 ONCA 507 - On appeal from the convictions entered by Justice Joseph Di Luca of the Ontario Superior Court of Justice on June 21, 2022, with reasons reported at 2022 ONSC 3692, and from the sentence imposed on September 9, 2022, with reasons reported at 2022 ONSC 5154, 95 M.V.R. (7th) 25.
The Court upheld convictions and a nine-year sentence for a fatal collision, finding sufficient evidence identifying the driver and no Charter breaches warranting exclusion of evidence. The appellant's arguments on unlawful arrest, right to counsel, and sentence unfitness were rejected. Appeals against conviction and sentence were dismissed.
R. v. Husain, 2026 ONCA 490 - On appeal from the decision entered by Justice Susan G. Himel of the Superior Court of Justice, dated July 23, 2024, with reasons reported at 2024 ONSC 4033.
The Court upheld the dismissal of an application to terminate a SOIRA order, finding the appellant failed to meet statutory criteria, including disproving public safety risks and demonstrating gross disproportionality. The appellant's pardon alone was insufficient to justify termination.
R. v. R.T., 2026 ONCJ 499 - Justice Waddilove
In a youth sentencing proceeding following guilty pleas to robbery with a firearm and kidnapping, the judge found no informed, express waiver of Gladue considerations and adjourned sentencing for a Gladue Report. Applying youth sentencing principles and the joint-submission test, the judge imposed the maximum youth sentence and granted enhanced credit for custody after the report was ordered.
R. v. Vu, Thi, 2026 ONSC 4727 - Justice Speyer
In a Criminal Code forfeiture application, the judge finds rural real property was offence-related property related to receiving a material benefit from trafficking in persons. An innocent co-owner is relieved from forfeiture and keeps a 30% interest. The offender is denied relief and forfeits her 70% interest; the property is to be sold with net proceeds paid accordingly.
R. v. Clarke, 2026 ONSC 4671 - Justice de Sa
The Court dismissed the appeal, finding no miscarriage of justice in appointing counsel for cross-examination under s. 486.3. The Appellant's claims of ineffective assistance and procedural errors were rejected, as the trial judge properly considered relevant factors, and the outcome would not have differed without counsel.
R. v. Kwaku Asiamah, 2026 ONSC 4608 - Justice Kellway
The Court sentenced the Accused to a conditional sentence for possessing a loaded firearm, citing Charter breaches, systemic racism, and mitigating factors, including health issues and strong rehabilitative prospects, while balancing denunciation and deterrence.
R. v. Nzeyimana, 2026 ONCJ 483 and 2026 ONCJ 484 - Justice Perlin
In a trial involving Charter breach allegations, the Court exercised discretion to allow the Crown's late response, citing no systemic non-compliance, minimal prejudice to the defence, and the importance of ensuring a fair and complete evidentiary record.
The Court ruled that the officer had reasonable suspicion to demand a breath test and made the demand immediately upon forming that suspicion. The Charter application to exclude the breath-test results was dismissed, and the accused was found guilty of operating a vehicle with excessive blood alcohol.
R. v. N.C., 2026 ONSC 4461 Justice Di Luca
The Court acquitted the Accused of sexual assault and assault charges against his daughters, citing significant credibility and reliability concerns in the complainants' evidence and the presence of reasonable doubt.
R. v. Lima, 2026 ONSC 4444 - Justice Di Luca
The Court accepted a joint submission for a 14-year sentence after the Accused pleaded guilty to manslaughter, citing significant aggravating factors, mitigating circumstances, and the need for proportionality, denunciation, and deterrence. The sentence reflects the brutal nature of the offence while considering the Accused's mental health and early confession.
R. v. Chandrasekera, 2026 ONCJ 482 - Justice Perlin
In a domestic assault case, the Court found both parties lacked credibility. The accused's self-defence claim created reasonable doubt, leading to acquittals on all charges.
R. v. Malual, 2026 ONSC 4383 - Justice Edwards
The Court sentenced the Accused to three years' imprisonment for trafficking methamphetamine, emphasizing denunciation and deterrence while considering her difficult life circumstances, addiction, and mental health challenges. A conditional sentence was deemed inappropriate due to the seriousness of the offences and her history of breaching court orders.
R. v. Ho, 2026 ONCJ 481 - Justice Perlin
The Court convicted the defendant of assault, sexual assault, and obtaining sexual services for consideration, rejecting his self-defence claim. Credibility findings favoured the complainant, and the defendant's actions were deemed unreasonable, motivated by anger, and inconsistent with self-defence. The sexual assault was found to align with the defendant's aggressive behaviour.
R. v. White, 2026-7-28 - Justice Bacchus
Reasons for sentence of 36 months jail released July 28, 2026.
R. v. Tahlil, 2026 ONCJ 414 - Justice Kenkel
The Court ruled that pre-sentence custody on unrelated charges can be credited if a sufficient causal link to the current charges is proven. The accused demonstrated such a link, meeting the legal test, and the time served was applied to the sentence.
Family
Amerakoon v. Widyalankara, 2026 ONSC 4428 - Justice Finlayson
In a bifurcated family law trial, the judge refuses to recognize an Australian divorce under s. 22 of the Divorce Act because no recognition ground was proven and exceptions applied, including fraud and lack of notice. The judge also recognizes intimate partner violence as a new exception, fixes separation at September 6, 2024, and orders temporary support and sale of the matrimonial home.
