Find below recently published Halton decisions, available for free through CanLII.org.
Superior Court of Justice
Ballance It Inc. v. Lessard (2026 ONSC 5148)
On a motion for an interlocutory injunction, the Court declines to restrain a former employee and his new business from soliciting clients or using confidential information. Although the non-solicitation clause appeared enforceable, the evidence did not establish a strong prima facie case of breach. The Court orders targeted device imaging, deletion, and costs.
Justice J. E. Mills
E.M. v. S.M. (2026 ONSC 5256)
On a motion for a certificate of pending litigation over a home owned by a spouse’s mother, the judge finds a triable proprietary estoppel claim and that the equities narrowly favour preserving the property pending trial. Leave to amend the application is granted, and the certificate is issued, with costs submissions to follow.
Justice C. Conlan
R. v. Khoshaba (2026 ONSC 5429)
On a defence motion for a directed verdict in a judge-alone criminal trial, the Court finds the circumstantial evidence could reasonably support inferences that the accused knew of a firearm in his vehicle and had knowledge and control of a loaded prohibited firearm. The motion is dismissed on both counts.
Justice K. Coats
R. v. Khoshaba (2026 ONSC 5430)
In a criminal trial on firearm charges, the judge applies W.(D.) and finds the accused’s denial of knowledge and control credible. In any event, the circumstantial evidence allows a reasonable inference that the other occupant brought the firearm and related items into the vehicle. The accused is acquitted on both counts.
Justice K. Coats
Khan v. Zahid (2026 ONSC 5435)
In an uncontested family law trial, the judge refused to recognize a Pakistani divorce under s. 22 of the Divorce Act and common law principles, finding denial of natural justice and misrepresentations bearing on jurisdiction. The husband’s Answer was struck, the wife was allowed to proceed with an uncontested Canadian divorce, and costs of $12,500 were ordered.
Justice M. Kurz
Ontario Court of Justice
Halton (Regional Municipality) v. Tsaltas (2026 ONCJ 545)
In an appeal from a POA Part I conviction, the Court holds a trial justice may choose either the s. 9.1 administrative default route or a s. 54 trial in absentia when a defendant requests a trial but does not attend. Any amendment error was immaterial; location omission caused no prejudice. Appeal dismissed.
Justice P. Maund
Court of Appeal Decisions of Local Interest
Nanda v. Oakville (Joint Compliance Audit Committee) (2026 ONCA 638)
In an appeal from a court order setting aside a compliance audit decision, the Court holds that s. 88.33(1) of the Municipal Elections Act, 1996 allows any elector entitled to vote in the municipal election to apply for a compliance audit, regardless of ward. The appeal is allowed and the audit decision reinstated.
Justice M. Kurz
