Find below recently published Halton decisions, available for free through CanLII.org.
Superior Court of Justice
R. v. Gates (2026 ONSC 5454)
On a Crown summary conviction appeal from an acquittal for assault causing bodily harm, the appeal judge found the trial judge erred by alluding to a “consensual fight” without addressing governing authorities. However, the Crown failed to show the error materially affected the acquittal, which rested on reasonable doubt tied to self-defence. The appeal was dismissed.
Justice C. Conlan
R. v. Samuel-Barriteau (2026 ONSC 5619)
In sentencing proceedings after convictions for possession for the purpose of trafficking fentanyl and methamphetamine and possession of proceeds of crime, the judge emphasized denunciation and deterrence, treating the offender as a first offender. Guided by comparable cases and aggravating quantities, the judge imposed a global sentence of 5 years and 9 months’ imprisonment, concurrent on all counts.
Justice C. Conlan
R. v. C.D. (2026 ONSC 5664)
In sentencing proceedings after guilty pleas, the judge refuses a conditional sentence for a mother convicted of criminal negligence causing bodily harm to her twin sons. Despite serious physical and mental health issues and compliance on release, denunciation and deterrence required incarceration. She receives 3.5 years’ imprisonment concurrent, with ancillary orders.
Justice C. Conlan
Meridian Credit Union Limited v. Mian (2026 ONSC 5725)
On a motion to set aside a default judgment, the court applies the Rule 19.08(1) “interests of justice” test and the Mountain View factors. Given prompt action, a plausible explanation for the default, and an arguable misrepresentation defence, it sets aside the noting in default, default judgment, and writs, and permits a defence.
Associate Justice J. Glick
S.R., K.M., S.M. v. Rotherglen School (2026 ONSC 5808)
On a motion for confidentiality-related relief in a civil action against a school, the court applied the Sherman Estate test and granted anonymization and limited sealing/redactions to protect minor plaintiffs’ privacy. It ordered redaction of current ages/grades, parents’ occupations, and event years, sealed unredacted materials, and allowed return on short notice; no costs.
Associate Justice J. Glick
George W. Corporation v. Gomma (2026 ONSC 5811)
On a motion for further documentary disclosure in a civil action involving an outstanding Mareva injunction, the court applies pleadings-based relevance and proportionality. It orders targeted production of banking and vehicle-sale records tied to 65 vehicles, a further search for Canada Drives sales records, production of a Dealer Authorization Letter, and a further affidavit of documents.
Associate Justice J. Glick
D’Silva v Ilia (2026 ONSC 5899)
On a family law motion, the applicant sought to set aside a consent equalization order under rule 25(19)(a) for alleged fraud about corporate shares and non-disclosure of a property interest. The judge found no proven fraudulent misrepresentation or inducement, and any omission was not materially foundational. The motion was dismissed.
Justice C. Chang
E.M. v. S.M. (2026 ONSC 6063)
In a family law costs endorsement following a successful motion for a certificate of pending litigation against property owned by the respondent’s mother, the judge rejects full recovery and finds no bad faith or unreasonable conduct. The court awards partial indemnity costs of $24,000, payable within 30 days, rather than reserving costs.
Justice C. Conlan
Ontario Court of Justice
R. v. Romero Garay (2026 ONCJ 633)
In an application for a stay under s. 11(b) of the Canadian Charter of Rights and Freedoms, the judge finds net delay of 698 days after deducting 131 days of defence delay. The Crown fails to show exceptional circumstances because undisclosed police interactions with the complainant derailed the trial. Proceedings are stayed on all counts.
Justice J. Campitelli
Court of Appeal Decisions of Local Interest
R. v. Naqvi (2026 ONCA 719)
On a Crown sentence appeal, the Court holds the sentencing judge erred by minimizing the offender’s moral blameworthiness and failing to treat grooming as aggravating. It finds the 2.5-year sentence unfit for sexual interference, child luring, and possession of CSAEM, and increases the global sentence to four years’ imprisonment.
Justice E. Chozik
R. v. Papadopoulos (2026 ONCA 733)
In a criminal appeal from convictions, the Court upholds dismissal of a Garofoli application. It finds the edited Information to Obtain, read cumulatively, supported reasonable grounds to believe the accused was participating in drug trafficking and that evidence could be found in the vehicle he used. The appeal is dismissed.
Justice A. Maclure
