Halton County Law Association

Information provided by the Family Resource Committee/at the Central West Family Forum

17 Apr 2026 8:31 AM | Anonymous

The Family Resource Committee and the Central West Family Forum have provided the following information as of April 15, 2026, regarding the Milton Court House.

Construction on our on-site filing office has been completed and the on-site filing office will reopen early next week (and be moved back inside from the portables outside).
On site mediation services continue to be available in the Milton SCJ without financial eligibility for legal issues covered by LAO (ie parenting issues and child support).
There has been a significant increase in parties attending the MIP and the majority of litigants are now attending.
14b motions are being processed within 2 business days and OCJ is between same day and a week.
Divorce orders are being processed within 14 weeks.
The OCJ is typically scheduling case and settlement conferences within a 2-month window.
Presently, the OCJ is undergoing a hybrid model for attendances where many attendances can be conducted entirely virtually if all the parties agree.
The SCJ raved about the DROs and their success in our region including their assistance with the reduction of the number of matters on the trial list. At the beginning of the trial sitting there were approximately 80 trials and with the assistance of mediation, DROs, and settlement this list decreased substantially (to less than 10 trials).
Early case conferences and triage court in SCJ continue to have open availability every week.
Halton Police Services has expanded their unit for victim services.
In other regions there has been an expansion of integrated domestic violence courts wherein both family and criminal courts are being heard simultaneously to enable better access to justice. There is no current plan for this in Milton.
Legal aid has been processing family legal aid certificates faster with the majority of certificates processed on the day of the application (70% of cases).
In March 2026, Legal Aid expanded financial eligibility for family duty counsel assistance in the OCJ such that parties earning less than $45,440 are now eligible. No change has been made to the eligibility for legal aid certificates.
Legal Aid has expanded the availability of legal aid settlement conferences for files where one party has a legal aid certificate. These conferences are similar to a normal settlement conference but are before legal aid in house counsel rather than a judge. They are typically held virtually. There is no cost to participants.
In November 2025, Milton was approved for the Family Senior Counsel Program by legal aid (FSC Program). This program connects clients in family law and child protection files who face unique challenges with receiving legal services or have complex or complicated legal needs with dedicated and experienced FSC lawyers. Clients who qualify and cannot find a lawyer in their area to represent them (or have exhausted their options for changing lawyers), can be referred to this program by completing the form on the legal aid website (https://www.legalaid.on.ca/in-briefs/legal-aid-ontarios-new-family-senior-counsel-program/ ).
There is a major reduction of OCLs in the central west region with many previous OCLs retiring, leaving the region, or being called to be judges. If counsel are interested in being an OCL, it is recommended that they apply.
There is a need for further legal aid counsel in our region. If counsel are interested in taking on legal aid files, it is recommended that they apply to legal aid be empaneled.

Recently Published Halton Decisions

16 Apr 2026 2:12 PM | Anonymous

Find below recently published Halton decisions, available for free through CanLII.org.

Superior Court of Justice

Gerges v. Fanous, (2026 ONSC 1673)
The Court allowed the Respondent to reside in a jointly owned condominium pending its sale and ordered the Applicant to pay $4,500 monthly interim spousal support. The Applicant may access the property only on 24 hours' notice for sale-related purposes, ensuring no interference with the Respondent's residence.
Associate Justice Glick

R. v. LaRose and Harris-Griffiths, (2026 ONSC 1747)
The Court convicted one accused of drug trafficking, finding constructive possession based on circumstantial evidence of knowledge and control. The co-accused was acquitted due to insufficient evidence linking him to the drugs or demonstrating his knowledge of their presence.
Justice J. E. Mills

Celernus Investment Partners Inc v. 2348587 Ontario Inc. et al, (2026 ONSC 1836)
In a mortgage enforcement case, the Court dismissed a motion to examine non-parties, finding it procedurally improper, an abuse of process, and failing to meet the test under Rule 31.10. The motion was also brought under the wrong rule for the intended purpose of the evidence.
Associate Justice Glick

Padfield v. Knickmann, (2026 ONSC 1920)
In a mortgage enforcement case, the Court dismissed the defendant's pseudolegal claims, including reliance on a fictitious tribunal, as frivolous, vexatious, and an abuse of process. The defendant was prohibited from filing further motions without leave.
Justice M. Kurz

Feicheng Mining Group v. Liu, (2026 ONSC 1969)
The Court enforced a Chinese arbitral award, rejecting claims of duress and public policy violations. It held that the Respondent's allegations of coercion were previously addressed by the Tribunal and did not meet the high threshold for resisting enforcement under Ontario's public policy principles.
Justice J. E. Mills

Court of Appeal Decisions of Local Interest

Bryan v. Miguna, (2026 ONCA 226)
The Court upheld the dismissal of a claim as statute-barred, finding the limitation period began when the claimant demanded repayment, which was refused. The Court also rejected the argument that fraudulent concealment extended the limitation period, citing no evidence of concealment by the respondent. Appeal dismissed.
Justice J. E. Mills

Divisional Court

RW Stick Holdings Inc. v. Canadian Flatbeds Ltd, (2026 ONSC 1962)
The Court dismissed an appeal, upholding a Small Claims Court decision that a binding commercial lease existed despite claims it was contingent on a share purchase agreement. The landlord's Highway Properties Notice was deemed sufficient, and the Deputy Judge's findings and reasons were found adequate and within jurisdiction.
Justice M. Kurz

Ontario Court of Justice

R. v. Patel, (2026 ONCJ 200)
The Court dismissed Charter challenges alleging self-incrimination and unlawful arrest, finding no violations of sections 7, 8, or 9. The accused was convicted of impaired driving and exceeding the legal blood alcohol limit based on credible evidence, including police observations and breathalyzer results.
Justice B. Puddington

You're Invited: Women in Law - Judicial Fireside Conversation (April 25)

15 Apr 2026 12:56 PM | Anonymous

On behalf of the Iron Gravel Advocacy, we are pleased to share an invitation to attend the Women in Law: A Judicial Fireside Conversation, taking place on April 25, 2026.

This discussion will bring together members of the legal community for an engaging and reflective conversation with members of the judiciary. The event offers valuable insight for legal professionals and students, and will contribute toward LSO CPD engagement.

Event Details:
April 25, 2026
2:00 PM – 3:30 PM

Participation is free for IGA members, with general admission available for non-members.

You can register here:
https://www.eventbrite.ca/e/women-in-law-a-fireside-conversation-with-two-justices-tickets-1987106652489

IGA membership (free):
https://forms.gle/iQ4DzwnQnVzFb96f7

I hope you will consider attending!

Kind regards,
Iron Gavel Advocacy
irongaveladvocacy@gmail.com

Recently Published Halton Decisions

16 Mar 2026 1:26 PM | Anonymous

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

You're Invited: Join AJEFO’s 2026 Conference – June 5–6 in Burlington

4 Mar 2026 6:33 PM | Anonymous

Dear Members,

On behalf of the Association des juristes d'expression française de l'Ontario (AJEFO), we are pleased to share an invitation to attend the AJEFO 2026 Congress, taking place June 5–6, 2026 in Burlington.

For over 45 years, AJEFO has been the voice of French-speaking lawyers in Ontario, working to promote equal access to justice in French and to strengthen the vitality of bilingual legal practice across the province.

Under the theme “The Thousand Reflections of Justice: Common discussion for Access to Justice in French,” the 2026 Congress will bring together legal professionals from across Ontario and beyond to explore diverse perspectives shaping our bilingual justice system.

The program will feature accredited continuing professional development sessions (Law Society of Ontario), panel discussions, and valuable networking opportunities.

French-speaking and bilingual lawyers, judges, academics, students, and legal professionals are encouraged to attend.

Information about registration or the program, please contact AJEFO directly or visit their website : Congrès 2026 - AJEFO

How your firm can get involved:

Finay, AJEFO invites you to support this unifying event as a sponsor. By joining forces with them, your firm will actively promote equal access to justice in French across Ontario and Canada, demonstrating your commitment to linguistic inclusion and the fundamental rights of the francophone community. Congrès AJEFO 2026 - Plan de commandite

Info contact : Sarah Sudre. Communication director AJEFO
ssudre@ajefo.ca

2026-2027 Board of Directors

3 Mar 2026 5:30 PM | Anonymous

The Halton County Law Association 2026-27 Board of Directors, following the Annual General Meeting held on Tuesday, March 3, 2026:

James Page - President
Fay Hassaan - Vice-President
Matthew Pankhurst - Treasurer
Kathleen Broschuk - Secretary/Library Chair
Kathy Batycky - Past President
Russell Browne
Kaleigh Dryla
Jill Edwards
Corey Gallagher
Kassandra Kelertas
Dorothy Kosinska
Christine Marchetti
Michael C. Morgan
Meghan Walker

Recently Published Halton Decisions

13 Feb 2026 4:11 PM | Anonymous

Find below recently published Halton decisions, available for free through CanLII.org.

Criminal Matters

R. v. X.Y., (2026 ONSC 584)
In a domestic violence trial, the accused was acquitted on all charges as the complainant's testimony was deemed unreliable and insufficient to meet the standard of proof beyond a reasonable doubt.
Justice C. Conlan

Keller Williams Realty v. VIP Realty Inc. (2025 ONSC 7152)
The Court granted an injunction enforcing restrictive covenants in franchise agreements, finding them reasonable and necessary to protect the franchisor's proprietary interests. The defendants' breaches, including joining a competitor during the agreement's term, caused irreparable harm to the franchisor's goodwill and franchise system.
Justice M. Kurz

R. v. Kumar, (2026 ONCJ 33)
The Court convicted the accused of multiple counts of fraud over $5000, rejecting claims of reasonable doubt and Charter delay violations. The Court found the accused intentionally misused funds, depriving victims of financial benefits, while dismissing a Section 11(b) application as the trial concluded within the Jordan ceiling.
Justice J. Campitelli

R. v. Radwanski, (2026 ONCJ 44)
The Court found a minor Charter breach due to an unexplained roadside delay in facilitating access to counsel. However, the breath samples were admitted as the breach was not serious, had minimal impact on the accused's rights, and the evidence was reliable and crucial to the case.
Justice P. Maund

Halton Hills (Town) v. Gordon, (2026 ONCJ 63)
The Court upheld a conviction for failing to comply with a Property Standards Order, ruling that challenging the underlying by-law's validity constituted an impermissible collateral attack. The appellant's arguments on vagueness and legal non-conforming use were dismissed, as they should have been raised through the prescribed appeal process.
Justice B. Puddington

Civil Matters

Equitable Bank v. Mian, (2026 ONSC 467)
The Court granted summary judgment in a mortgage default case, finding no genuine issue requiring a trial. The defendants failed to provide evidence supporting their defences, including claims of fraud and unconscionability, and admitted to defaulting on payments. The plaintiff was awarded the outstanding mortgage amount and costs.
Justice M. Kurz

Handy v. M&C Investments Incorporated, (2026 ONSC 648)
In a wrongful dismissal case, the Court ordered the Plaintiff to provide a better affidavit of documents regarding mitigation efforts, finding prior disclosures incomplete and inconsistent with procedural obligations. The Court emphasized the importance of full disclosure to avoid prejudicing the Defendant's ability to conduct discovery effectively.
Associate Justice A. Glick

Folino v. Shahid, (2026 ONSC 841)
In a mortgage enforcement case, the Court allowed limited amendments to the defence and granted leave to issue a third-party claim. Allegations of fiduciary duty and misrepresentation against the lender were dismissed as untenable, while claims of unconscionability were permitted to proceed. Procedural fairness was preserved with a compressed timetable.
Associate Justice A. Glick

Court of Appeal Decisions of Local Interest

Foodies Curry & Shawarma Inc. v. Royal Paan Leasing Ltd., (2026 ONCA 26)
The Court set aside a judgment awarding restitution for unjust enrichment, finding the claim was not properly pleaded, the record insufficient, and the appellant denied a fair opportunity to respond. The matter remains unresolved pending further proceedings.
Justice C. Chang

R. v. A.D.H., (2026 ONCA 41)
The Court dismissed the appeal, finding no ineffective assistance of counsel. The appellant's proposed evidence lacked the specificity required for admissibility under the s. 276 framework, failing both stages of the test. Consequently, the appellant could not establish prejudice under the ineffective assistance of counsel standard.
Justice K. Coats

Nunes v. Nunes, (2026 ONCA 54)
The Court dismissed an appeal challenging summary judgment, finding no evidence to support claims that $230,000 was a gift or repayable by a third party. The appellants failed to identify errors in the motion judge's findings or risks of contradictory outcomes. Costs of $10,000 were awarded to the respondent.
Justice J. Mills

Le v. Norris, (2026 ONCA 71)
Justice M. Kurz

Call for Board Nominations - DUE BY NOON ON JANUARY 31, 2026

19 Jan 2026 2:55 PM | Anonymous

Any members interested in running for a Director position on the Halton County Law Association Board of Directors must submit their name to Arielle Vaca, Librarian, at info@haltoncountylaw.ca in writing by 12:00 noon on January 31, 2026.

In accordance with the by-laws, anyone who wishes to run for a Director position must either live or work in Halton.

If there are more than five (5) lawyers running for the five (5) lawyer Director positions, a brief biographical statement from each candidate (preferably fifty (50) words or less) shall be submitted by February 9, 2026.

Similarly, if there is more than one (1) paralegal running for the one (1) paralegal Director position, a brief biographical statement from each candidate (preferably fifty (50) words or less) shall also be submitted by February 9, 2026.

We will send out a notice if biographical statements are needed.

The Director position on the HCLA Board is a 2-year term.

The HCLA Board of Directors holds ten (10) meetings per year, typically on the second (2nd) Thursday of the month with no meetings in the summer. Aside from attendance at each meeting, Board members are expected to complete committee work.

If you have any questions about being a director, please contact
James Page, HCLA President, by email.

Thank you.

Sincerely,

Michaela Diakiw
HCLA Secretary/Library Chair

Recently Published Halton Decisions

16 Jan 2026 3:00 PM | Anonymous

Find below recently published Halton decisions, available for free through CanLII.org.

Superior Court of Justice

Campbell v Grand Bovino Inc. (2026 ONSC 257)
A motion for summary judgment in a wrongful dismissal case was dismissed due to material credibility issues requiring a trial. The Court found that cross-examinations on affidavits violated procedural rules, rendering the evidence inadmissible. The case was ordered to proceed to trial for resolution of the disputed issues.
Justice C. Chang

R. v. Neverson (2025 ONSC 7121)
The Court dismissed a stay of proceedings application for an offender guilty of 22 serious crimes, including human trafficking and sexual assault. Despite Charter violations during pre-sentence custody, the Court found a significant sentence reduction, not a stay, was the appropriate remedy, resulting in time served.
Justice C. Conlan

R. v. B.J. (2025 ONSC 7148)
The Court ruled that the Crown cannot use materials disclosed by the defence, which were deemed non-records under the Criminal Code, during direct examination of the complainant. This decision preserves the asymmetry of disclosure obligations in criminal proceedings and avoids discouraging defence applications for directions.
Justice C. Conlan

Keller Williams Realty v. VIP Realty Inc. (2025 ONSC 7152)
The Court granted an injunction enforcing restrictive covenants in franchise agreements, finding them reasonable and necessary to protect the franchisor's proprietary interests. The defendants' breaches, including joining a competitor during the agreement's term, caused irreparable harm to the franchisor's goodwill and franchise system.
Justice M. Kurz

Ongko (Boswell) v. Ongko (2025 ONSC 7235)
In a family law dispute, the Court dismissed a motion to remove a parenting coordinator and set aside an arbitration award, finding the applicant failed to follow the agreed dispute resolution process under the Arbitration Act, 1991. The Court incorporated the arbitration award into a formal order and awarded costs to the respondent.
Justice J. Mills

You're Invited: OBA's Ontario Legal Conference 2026 - UPDATE

16 Jan 2026 1:30 PM | Anonymous

We’d be delighted to welcome your association and your members to the Ontario Legal Conference from Tuesday, February 3 to Friday, February 6, 2026 in downtown Toronto.

We hope you’ll consider joining us in Toronto to learn, connect, and build community with colleagues from across the province. However, the conference is also accessible virtually, if travel is not an option.

This conference brings together everything you need to boost your practice and career all in one place. Don’t miss your chance to learn, connect and grow. Register now!

Find more information about special hotel rates*, dine around dinners and local attractions here.

*subject to availability