Recent Newmarket Decisions Found on CanLII - February & March 2026
Case summaries are CanLII AI-Generated
Civil
Bank of Montreal v. Dua, 2026 ONSC 1907 - Justice Charney
In a mortgage default case, the Court ruled on the amount owed, accepting the lender's calculation, including accrued interest and prepayment charges, while rejecting the borrowers' claims of waived interest and improper charges. Other issues raised by the borrowers were deemed outside the scope of the motion.
2377351 Ontario Inc. v. Furney, 2026 ONSC 1749 - Justice Fraser
A self-represented party's motion alleging contempt was dismissed as no court order was breached, and no evidence supported the claims. The Court awarded full indemnity costs to the respondents due to the baseless and scandalous nature of the allegations.
Pelrine et al. v. Chung et al., 2026 ONSC 1601 - Justice Mathai
In a medical negligence case, the Court granted leave for one late expert report but denied two others, finding no reasonable explanation for the delay under the amended conjunctive test in Rule 53.08. The decision underscores stricter compliance with expert report deadlines to prevent trial delays and ineffective pre-trials.
Leaf v. Wang, 2026 ONSC 1503 - Justice Fraser
The Court held that a pre-tenancy breach of a lease agreement falls outside the exclusive jurisdiction of the Landlord and Tenant Board. It remitted the matter to the Small Claims Court for a new trial, as the lower court erred in dismissing the case for lack of jurisdiction.
Li v. Bai et al., 2026 ONSC 1442 -Justice Mathai
The Court dissolved a Mareva injunction against corporate defendants, finding no strong prima facie case of fraud or evidence of asset dissipation to avoid judgment. The plaintiff's claims of de facto control and fraudulent conduct were undermined by the defendants' credible explanations and lack of direct involvement.
Potz v. Pietrangelo, 2026 ONSC 1405 - Associate Justice Mak
The Court ruled the signed agreement was binding despite uninitialed terms, finding the purchaser breached it by failing to close. Damages of $76,965.12 were awarded to the vendor, including the price difference and carrying costs, less the deposit.
Frankum v. Financial Debt Recovery Limited et al, 2026 ONSC 1209 - Associate Justice Mak
The Court set aside a noting in default, emphasizing the preference for resolving disputes on their merits, minimal delay, and the defendant's arguable defence. The defendant's procedural error stemmed from a mistaken service date, but prompt corrective actions and lack of significant prejudice to the plaintiff supported the decision.
The Estate of James Bruce McCallen et al v., 2026 CanLII 10214 - Associate Justice Mak
The Court declined to validate service of a Statement of Claim, denied an extension of time, and dismissed the action for delay, citing inordinate and inexcusable delay, presumed and actual prejudice to the defendant, and the plaintiffs' failure to advance the claim diligently.
1814219 Ontario Inc. v. 2225955 Ontario Ltd., 2026 ONSC 637 - Justice Vallee
A motion to set aside a judgment based on alleged fraud was dismissed. The moving party failed to prove fraud or present new, material evidence. The court awarded full indemnity costs to the responding parties due to the baseless nature of the allegations.
Criminal
R. v. Moseley, 2026 ONSC 1369 - Justice Di Luca
The Court dismissed the conviction appeal, rejecting self-defence claims as incredible, but reduced the sentence to 18 months, citing the principle of restraint and mitigating factors, including family obligations and fresh evidence.
R. v. Shaw, 2026 ONCA 161 - On appeal from the sentence imposed by Justice Joseph Di Luca of the Superior Court of Justice, on June 19, 2024
The appellant sought a reduced sentence, citing family separation consequences. The Court found no error in the sentencing judge's reasoning and upheld the four-year sentence, concluding it was not demonstrably unfit.
R. v. Zhou, 2026 ONSC 1191 - RSJ Edwards
The Court sentenced a first-time offender to six years' imprisonment for impaired and dangerous driving causing death, emphasizing denunciation, deterrence, and the aggravating factor of driving with a G2 licence while intoxicated. A 10-year driving prohibition was also imposed.
R. v. Chand, 2026 ONCJ 153 - Justice Kenkel
The Court sentenced the Accused in absentia to four years' imprisonment for a violent knife attack with intent to kill, emphasizing denunciation, deterrence, and rehabilitation while addressing aggravating factors such as the severity of the attack and intent to kill.
R. v. Chand, 2026 ONCJ 91 - Justice Kenkel
The Court ruled that sentencing in absentia was justified after finding the accused had absconded to avoid sentencing, emphasizing the interests of justice, victim input, and the need for timely resolution in a serious violent crime case.
R. v. Paul Pirocchi, 2026 ONSC 1164 - Justice Di Luca
The Court granted an extension of time to appeal a lifetime driving prohibition, finding merit in the argument that the prohibition was imposed under a mistaken belief it was mandatory. The applicant's delay was excused due to lack of prejudice to the Crown and the narrow scope of the appeal.
R. v. Bruce-Agyepong, 2026 ONSC 1083 - Justice Di Luca
The Court convicted the Accused of attempted robbery, finding his actions—approaching a store in disguise and attempting entry—went beyond mere preparation and demonstrated intent to commit robbery. Identification was established through clothing and circumstantial evidence.
Family
Parsons v. Parsons, 2026 ONSC 1894 -Justice Kellway
The Court dismissed a motion challenging jurisdiction over a trust claim, citing res judicata and prior unappealed decisions affirming Family Court jurisdiction.
Gyurko v. Gyurko, 2026 ONSC 1399 - Justice Jarvis
In a family law dispute, the Court enforced a mediated settlement despite the husband's objections, finding no genuine issue for trial. The Court ruled the agreement binding, dismissed claims of conditionality, and awarded costs to the wife. Settlement privilege did not preclude evidence proving the agreement's existence.
Lan v. Liao, 2026 ONSC 1213 - Justice Charney
The Court dismissed appeals for lack of jurisdiction, ruling that family law orders involving both federal and provincial legislation must be appealed to the Court of Appeal. Motions for extensions of time were deferred to the appropriate appellate court.
Koven v. Blumenfeld, 2026 ONSC 1048 - Associate Justice Mak
In a family law dispute, the Court ordered both parties to provide extensive financial disclosure, including business records, insurance details, and income documentation, to resolve issues of support, property equalization, and financial transparency. The Court emphasized the duty of full and frank disclosure in family proceedings.
Ghorbani v. Ehsani, 2026 ONSC 878 - Justice MacPherson
The Court dismissed the Applicant's claims for divorce, equalization, and spousal support, citing res judicata, statutory time bars, and procedural non-compliance. The Applicant's failure to attend hearings and respond to motions was deemed abandonment of claims. Costs of $20,000 were awarded to the Respondent.
Daud v. Temor, 2026 ONCA 83 - On appeal from the orders of Justice George MacPherson of the Superior Court of Justice, dated May 27, 2025 and May 28, 2025, with reasons at 2025 ONSC 3206
The Court upheld the striking of the appellant's pleadings due to persistent non-compliance with financial disclosure obligations, leading to an uncontested trial. The trial judge's decisions on equalization and child support, based on adverse inferences and the respondent's evidence, were found reasonable. The appeal was dismissed.
E.L.R. v. D.M.S., 2026 ONSC 914 - Justice McDermot
This
case involved extensive family law disputes, including child and
spousal support, property division, and privacy violations. The Court
awarded damages for intrusion upon seclusion due to the Respondent's
intentional breaches of privacy, resolved financial claims, and issued a
restraining order to protect the Applicant.
M.N. v. J.D.R., 2026 ONSC 870 - Justice Finlayson
The Court resolved spousal support, equalization, and tort claims in a contentious family law case. It ordered spousal support with front-end loading, a review in four years, and dismissed tort claims due to insufficient evidence. The wife owes a small equalization payment, offset by post-separation adjustments owed by the husband.
Babinets v. Babinets, 2026 ONSC 850 - Justice Jarvis
In a family law dispute, the Court dismissed the husband's motion to change support orders due to repeated non-compliance with prior court orders, including failure to pay spousal support and equalization payments. The Court consolidated his civil claim with the family proceedings and ordered security for costs.
Cortese v. Polito, 2026 ONSC 695 - Justice MacPherson
The Court dismissed a motion to declare a party a vexatious litigant, finding insufficient evidence of persistent, unreasonable litigation. The Court cautioned the party against further claims on resolved issues and ordered each party to bear their own costs.
