Find below recently published Halton decisions, available for free through CanLII.org.
Superior Court of Justice
Moore v. Thompson, (2026 ONSC 2336)
The Court found unjust enrichment and a resulting trust where one party solely financed a jointly owned property. The other party failed to rebut the presumption of a resulting trust or prove contributions. The Court ordered reimbursement for 50% of the downpayment, expenses, and sale-related costs.
Justice J.E. Mills
R v. C.M., (2026 ONSC 2411)
The Court ruled on multiple pretrial applications, admitting some evidence while excluding others due to Charter violations, including breaches of the right to counsel and unreasonable delays in bringing the Accused before a justice. The trial will proceed with clarified evidentiary boundaries.
Justice C. Conlan
Atwal v. Semkiw et al., (2026 ONSC 2418)
In a foreign judgment enforcement case, the Court allowed amendments to defences but denied crossclaims and third party claims, finding them legally untenable and prejudicial due to delay and attempts to relitigate liability already decided.
Associate Justice Glick
Watson v. Zita, (2026 ONSC 2466)
In a child support case, the Court imputed income to the respondent due to inadequate financial disclosure, evidence of underemployment, and inconsistencies in claimed income. Retroactive and ongoing support payments were ordered, along with enhanced costs for the applicant due to the respondent's unreasonable litigation conduct.
Justice M. Kurz
D’Silva v Ilia, (2026 ONSC 2497)
The Court denied a parent's request to relocate children to Dubai, finding the move contrary to their best interests. The shared parenting arrangement, strong relationships with both parents, and lack of independent child preferences weighed against the relocation. Further submissions are required to address other variation claims.
Justice C. Chang
2493572 Ontario Inc. v. Diamond Luxury Builders Inc., (2026 ONSC 2577)
A subcontractor successfully claimed unpaid invoices and established breach of trust under the Construction Act. The defendants failed to account for trust funds, and the directing mind was held personally liable. The counterclaim for damages due to project delays was dismissed for lack of evidence. Judgment awarded to the plaintiff.
Justice J.E. Mills
R. v. Cooney & Hamber, (2026 ONSC 2646)
The Court convicted two accused of constructive first-degree murder and child abuse, finding intent to harm and causation proven beyond a reasonable doubt. The accused's failure to provide necessaries of life and unlawful confinement were integral to the murder, elevating moral blameworthiness under the Criminal Code.
Justice C. Conlan
Boswell v. Ongko, (2026 ONSC 2706)
In a high-conflict family law dispute, the Court ruled it has jurisdiction to order a Voice of the Child report on its own initiative during an enforcement motion, emphasizing the importance of considering older children's views in decisions affecting their best interests.
Justice M. Kurz
Court of Appeal Decisions of Local Interest
1396929 Ontario Inc. v. Valladares, (2026 ONCA 282)
The Court dismissed an appeal seeking to overturn a summary judgment enforcing a second mortgage, finding no evidence of fraud, undue influence, or misunderstanding. The appellants' claims of language barriers and coercion were rejected due to independent legal advice and lack of supporting evidence.
Justice C. Yamashita
Bank of Montreal v. Ieradi, (2026 ONCA 311)
The Court upheld the trial judge's finding that the appellant was personally liable for a $400,000 unsecured line of credit. Despite errors in addressing some evidence, the decision was supported by documentation and conduct showing the loan was personal, not corporate. The appeal was dismissed with costs awarded to the respondent.
Justice C. Chang
