Find below recently published Halton decisions, available for free through CanLII.org.
Family Matters
Antonova v. Stefanov, (2026 ONSC 1087)
The Court ruled Ontario as the appropriate forum for a divorce and related issues, citing habitual residence, evidence location, and juridical disadvantages in Bulgaria. It restrained the husband from continuing Bulgarian proceedings and split the divorce from corollary issues to protect the wife’s spousal support rights.
Justice M. Kurz
Criminal Matters
R. v. K.T., (2026 ONSC 1185)
The Court sentenced a father to 42 months' imprisonment for sexually interfering with his 12-year-old daughter, emphasizing denunciation and deterrence over rehabilitation, given the repeated abuse, breach of trust, and the victim's vulnerability. Mitigating factors included the offender's guilty plea, remorse, and mental health history.
Justice C. Conlan
R. v. Tuitakalai, (2026 ONSC 1269)
The Court dismissed the appeal, finding no errors in the trial judge's credibility assessment, handling of cross-examination, or application of the W.(D.) framework. The convictions for assault with a weapon and mischief to property were upheld as reasonable and supported by the evidence.
Justice C. Conlan
R. v. S.H., (2026 ONSC 1305)
The Court stayed criminal charges after finding a 31.7-month delay exceeded the 30-month ceiling under the Jordan framework. Defence delay and exceptional circumstances were rejected, and the Crown failed to rebut the presumption of unreasonableness, violating the accused's right to a timely trial under section 11(b) of the Charter.
Justice C. Conlan
R. v. Ahmed, (2026 ONCJ 85)
The Court found the accused guilty of criminal harassment, ruling that surreptitious video surveillance of a residence constitutes "watching" under the Criminal Code, even without physical presence. The accused's actions caused the complainant reasonable fear for her safety, satisfying both the actus reus and mens rea of the offence.
Justice J. Campitelli
Civil Matters
Elle Mortgage Corp. v. Taylor, (2026 ONSC 1033)
The Court dismissed a motion to transfer a mortgage enforcement action, finding the defendants sought the transfer for improper tactical advantage. The Court emphasized fairness and the holistic application of venue transfer factors, concluding the action should remain in its current location. No costs were awarded.
Associate Justice Glick
Robinson v. Richardson International Limited, (2026 CanLII 17263 (ON SC))
In a wrongful dismissal case, the Court declined to award costs for a motion on undertakings and refusals, finding the motion unnecessary as the issues were resolved before the hearing. Both parties were ordered to bear their own costs due to their adversarial approach.
Associate Justice Glick
Folino v. Shahid, (2026 ONSC 1473)
The Court granted summary judgment for a lender in a mortgage default case, rejecting the defendant's procedural delays and unsubstantiated defences.
Justice C. Conlan
Rana v. Agnihotri, (2026 ONSC 1496)
A not-for-profit dispute was stayed due to the applicant's failure to pay prior costs orders. The court granted a final 60-day period to pay, failing which the application will be dismissed. The applicant's non-attendance and lack of action since 2025 influenced the decision.
Associate Justice Glick
Bank of Montreal v. JAIN et al, (2026 ONSC 1524)
The Court dismissed a motion seeking mandatory disclosure of a property appraisal, finding no legal obligation for the mortgagee to provide it. While sharing the appraisal was deemed good practice, the Court declined to create new law, emphasizing existing protections for mortgagors in the sale process.
Justice C. Conlan
Soares v. Daid et al, (2026 ONSC 1527)
Two motions to set aside default judgments in mortgage disputes were resolved without court rulings. Settlements allowed defendants additional time to refinance and repay debts, demonstrating effective collaboration between counsel to avoid further litigation costs.
Justice C. Conlan
Court of Appeal Decisions of Local Interest
R. v. Francois, (2026 ONCA 117)
The Court dismissed the appeal, finding the sentencing judge properly balanced denunciation and deterrence with the appellant's circumstances. Immigration consequences could not justify a reduced sentence, as a fit sentence exceeded the threshold for avoiding such consequences.
Justice B. Puddington
R. v. Elias, (2026 ONCA 112)
The Court found a conditional sentence for possession of child sexual abuse material unfit due to insufficient emphasis on denunciation and deterrence. However, it declined to impose incarceration, citing the offender's progress in rehabilitation and the advanced stage of his conditional sentence. Appeal dismissed.
Justice C. Conlan
Amex Bank of Canada v. DaCosta, (2026 ONCA 181)
The Court upheld the dismissal of a motion to set aside a default judgment, finding significant delay, lack of plausible excuse, and greater prejudice to the respondent. The appellant's arguable but weak defence did not outweigh these factors under the Mountain View test. Appeal dismissed with costs.
Justice C. Yamashita
Divisional Court
Sobeys Capital Inc. v. United Food and Commercial Workers International Union, Local 633, (2026 ONSC 936)
Justice M. Kurz
Sharpe v. CTS Canadian College, (2026 ONSC 1138)
Justice M. Kurz
