Recent Newmarket Decisions Found on CanLII - September 2026
Case summaries are CanLII AI-Generated
Civil
A+B Ampere & Birnie Electric Joint Venture v. Markham (City), 2026 ONSC 5408 - Justice Sutherland
On an interlocutory motion in a construction lien proceeding, the Court grants leave and fixes an agreed minimum basic holdback. It rejects the owners’ objections, holding the motion expedites securing holdback funds despite liens being vacated and pending vetting. It orders $23,209,492.15 paid into court within 30 days.
Criminal
R. v. Hudson, 2026 ONCA 681 - On appeal from the convictions entered by Justice Laura A. Bird of the Superior Court of Justice, on March 17, 2022, and from the sentence imposed on May 3, 2022.
In a criminal conviction appeal, the Court upheld first degree murder verdicts based on circumstantial evidence. It held the trial judge reasonably rejected alternative scenarios (gun transfer or robbery-only) and could infer a planned and deliberate joint venture. It also found the shooter finding reasonable. Sentence leave was denied as moot.
U.S.A. v. Stubbings, 2026 ONSC 5293 - Justice Di Luca
On an extradition committal application, the judge holds the Record of the Case provides some reliable evidence of each essential element of conspiracy to commit unauthorized use of a computer. Although the case is circumstantial, reasonable inferences support an agreement between the respondents. The person sought is committed into custody pending surrender.
R. v. Sahul-Hameed, 2026 ONCJ 566 - Justice Kenkel
In a criminal trial, the judge assessed credibility and the burden of proof. The accused was acquitted of two sexual assault counts because the evidence did not prove guilt beyond a reasonable doubt. He was convicted of mischief and wilfully causing unnecessary pain to an animal after video evidence showed him violently throwing a bird cage, causing the bird’s death.
York (Regional Municipality) v. Zhou, 2026 ONCJ 555 - Justice Kenkel
On an appeal from a provincial offences conviction for speeding in a community safety zone, the Court upheld the conviction. It found the trial justice properly applied the reasonable doubt framework and reasonably accepted the officer’s Lidar testing evidence as showing reliability. Identification, notes, and leading-question complaints failed. Appeal dismissed.
R. v. Bruce-Agyepong, 2026 ONSC 5199 - Justice Di Luca
In sentencing for attempted robbery, the Court weighed denunciation and deterrence against rehabilitation and restraint for a youthful first offender. Applying parity with a co-accused’s sentence while accounting for role differences and mitigatory factors, it imposed 2.5 years’ imprisonment less pre-trial credit, with weapons prohibition, DNA, and forfeiture orders.
R. v. M.P., 2026 ONCA 625 - On appeal from the conviction entered by Regional Senior Justice Mark L. Edwards of the Superior Court of Justice on August 26, 2024, with reasons at 2024 ONSC 4216, and from the sentence imposed on May 15, 2025, with reasons at 2025 ONSC 2904.
In a criminal appeal from conviction and sentence for sexual interference, the appellate court held the trial judge properly used the complainant’s prior statements as narrative context, with any misstep inconsequential. It dismissed the conviction appeal and upheld the custodial sentence, but amended the s. 161 order to confirm a two-kilometre radius and permit supervised or incidental contact.
Family
The saga continues:
Director, Family Responsibility Office v. Carter, 2026 ONSC 5531 - Justice Finlayson
In a support enforcement default proceeding, the Court holds the payor failed to rebut presumptions that the arrears statement was correct and that he could pay. It orders monthly payments of $7,500 toward $1,224,030.68, plus ongoing disclosure. Each missed payment triggers 10 days’ imprisonment, up to 180 days, on motion for committal.
Mazzeo v. Mazzeo, 2026 ONCA 674 - On appeal from the order of Justice R. Sonya Jain of the Superior Court of Justice, dated May 21, 2026, with reasons reported at 2026 ONSC 2796.
In an appeal from a Hague Convention return order, the Court upheld the child’s return to California. It found no error in the habitual residence analysis and agreed that the Article 13 grave risk and mature child’s objections exceptions were not engaged. The appeal was dismissed with costs.
S.S. v. G.S., 2026 ONSC 5193 - Justice Finlayson
On related family law motions, the Court found the Applicant husband to be a “special party” under the Family Law Rules, based on sustained mental health evidence affecting his ability to instruct counsel and litigate. It appointed the Office of the Public Guardian and Trustee as his representative and removed his solicitors of record.
Khosravi Vamakani v. Lakzadeh et al, 2026 ONSC 5053 - Justice Law
On a family law motion for interim disbursements, the judge finds the moving party has an arguable case, needs counsel and an income expert for an upcoming focused hearing, and cannot fund them. The other party can access resources. The judge orders $150,000 in trust plus $10,000 costs, varying a preservation order.
De Matos Vilas Boas v. Sunak, 2026 ONSC 4595 - Justice Finlayson
On a family law motion to set aside a final parenting order, the judge finds the father had adequate notice and no satisfactory reason for non-participation. Alleged fraud and omissions do not justify relief. The order stands. The father’s Answer may be reinstated only for parenting time if he pays $35,000, and interim parenting time is refused.
HSCAS v. M.S., C.D.S., and C.A.D., 2026 ONSC 4579 - Justice Finlayson
In a child protection case, the Court awarded costs against the mother for bad faith and unreasonable conduct, including breaches of court orders and harmful online behaviour. The award considered her mental health and ability to pay, with payments scheduled over three years.
