Recent Newmarket Decisions Found on CanLII - Nov & Dec 2025
Case summaries are CanLII AI-Generated
Civil
Eo v. Chen, 2025 ONSC 6977 - Justice Healey
The Court dismissed a claim for repayment of assignment fees, finding the contract's completion terms precluded liability after full performance, even following the builder's default.
Mr. Zagros Management Inc. v. Yulee Developments Inc., 2025 ONCA 852 - On appeal from the judgment of Justice Suzan Fraser of the Superior Court of Justice, dated January 20, 2025, and from the order dated April 4, 2025
The Court upheld the invalidation of default and termination notices under a commercial lease due to improper service on the tenant. It also dismissed the tenant's cross-appeal seeking costs against the landlord, finding no error in the application judge's discretionary decision.
Grey et al v. Hasan et al, 2025 ONSC 6322 - Justice Di Luca
A medical malpractice claim was dismissed due to an eight-year delay in prosecution. The Court found the delay inordinate, inexcusable, and prejudicial, making a fair trial impossible. Costs of $5,000 were awarded to the defendant.
Criminal
R. v. Singh, 2025 ONCA 843 - On appeal from the stays entered by Justice Nyron Dwyer of the Ontario Court of Justice on February 1, 2023, with reasons reported at 2023 ONCJ 123, 523 C.R.R. (2d) 84 (COA-23-CR-0203), and on March 10, 2023 (COA-23-CR-0408)
The Court allowed the Crown's appeal, finding that joint trial scheduling challenges and the complexity of a large drug-trafficking project justified delays beyond the presumptive ceiling under section 11(b) of the Charter. The stays of proceedings were set aside, and the matters were remitted for trial.
R. v. Taylor, 2025 ONCJ 651 - Justice Kenkel
The Court upheld the admissibility of breath test results despite a Charter breach due to delayed demand, finding the breach minor and caused by the accused's obstructive conduct. The accused was found guilty of operating a vehicle with a blood alcohol concentration exceeding the legal limit.
R. v. Shiwratan, 2025 ONSC 6763 - Justice Di Luca
The Court allowed the Crown's appeal, finding the sentencing judge erred by rejecting a joint submission without applying the "public interest" test, as required by precedent. The original joint submission for a conditional sentence was reinstated, emphasizing the high deference owed to negotiated resolutions in criminal cases.
R. v. Romano, 2025 ONSC 6734 - Justice Di Luca
The Court convicted the Accused of failing to remain at the scene of an accident causing death, finding he was reckless in not recognizing the risk of hitting and killing a person, despite significant evidence of the collision's nature and aftermath.
R. v. Hamilton, 2025 ONCJ 628 - Justice Elias
The Court upheld the arrest and conviction for drug-impaired driving, finding police had reasonable grounds based on observed impairment and corroborating evidence, including a drug recognition evaluation and toxicology results. Charter breaches were dismissed, as no unreasonable search or seizure occurred during medical assessment or drug evaluation.
R. v. Tverberg, 2025 ONCJ 613 - Justice Kenkel
The Court upheld the lawfulness of a mobile sobriety stop and found no Charter breaches in the officer's actions. The accused's blood alcohol evidence was admitted, and the charge of exceeding the legal blood alcohol limit was proven beyond a reasonable doubt.
R. v. Mootoo, 2025 ONCJ 650 and 2025 ONCJ 649 - Justice Kenkel
The Court upheld the admissibility of evidence from a warrantless entry prompted by a 911 call, finding no Charter breaches. The accused was convicted of drug production and possession, as circumstantial evidence overwhelmingly linked him to the operation. Two charges were dismissed by agreement.
Family
M.R. v. A.S., 2025 ONSC 7168 - Justice Cameron
The Court denied a stay of an order permitting a mother to relocate to Croatia with her child, finding the father’s litigation abuse and non-compliance with court processes undermined his claims of irreparable harm and serious issues to be tried. The balance of convenience favoured the mother and child’s stability.
Robidoux v. Amiti, 2025 ONSC 6819 - Justice Himel
The
Court found the father engaged in litigation abuse and family violence,
granting the mother sole decision-making, supervised parenting for the
father, and permission to relocate with the child to Croatia.
Retroactive child support and costs were also ordered, emphasizing the
child’s best interests and the mother’s safety.
Silantyeva v. Sidorov, 2025 ONSC 6807 - Justice Fraser
The
Court denied a stay of an order to sell a matrimonial home, finding no
irreparable harm and that the balance of convenience favoured the sale.
The Appellant's arguments regarding procedural issues and conflicting
case law raised a serious issue but did not outweigh other factors.
M.R.G. v. C.H., 2025 ONSC 6539 - Justice Daurio
In
a high-conflict custody case, the Court granted the mother final
decision-making authority, maintained the existing parenting schedule,
and implemented measures to reduce conflict, including restrictions on
communication and detailed parenting guidelines. The father’s request
for shared parenting was denied due to ongoing conflict and its impact
on the child’s well-being.
Vukobrat v. Mikhail, 2025 ONSC 6544 - Justice Jarvis
A mother successfully sought the return of her child to Serbia under the Hague Convention. The Court found Serbia to be the child’s habitual residence and ruled the father wrongfully retained the child in Canada. The father’s claims of consent and acquiescence were rejected due to insufficient evidence.
Maerzke-Crupi v. Crupi, 2025 ONSC 6466 - Justice Jarvis
In a family law dispute, the Court imputed $274,000 income to the respondent, ordered child and spousal support, and granted the applicant sole authority to sell the matrimonial home due to the respondent's non-cooperation and failure to comply with disclosure obligations.
G.P.R. v. A.K., 2025 ONSC 5398 - Justice Finlayson
In a high-conflict family law case, the Court granted sole decision-making to the mother, imposed supervised virtual parenting time for the father due to family violence, and upheld the property terms of a contested separation agreement. The father must address anger and mental health issues before seeking changes.
