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Denial of Natural Justice Leads to New LAT Hearing

In a reconsideration decision at the Licence Appeal Tribunal, the claimant successfully argued that a new hearing should be ordered due to a denial of nature justice. In S.A. v. Guarantee Insurance, 2019 CanLII 77002, a combined written and oral hearing was conducted on consent. The matter dealt with entitlementRead More

Court of Appeal Upholds Dismissal for Delay

The Court of Appeal’s decision in Erland v. Ontario, 2019 ONCA 689, shows that the five year deadline to set civil actions down for trial must be taken seriously. A plaintiff who seeks to extend the deadline and prevent an action from being dismissed for delay has the burden ofRead More

SABS Bad Faith Decision Good For Insurers

Kevin Adams was recently quoted in a Law Times article called “Court of Appeal affirms supremacy of Licence Appeal Tribunal”. The article addresses the Court of Appeal’s decision in Stegenga v. Economical Mutual Insurance Company, 2019 ONCA 615. The Court of Appeal held that statutory accident benefits claimants cannot sue inRead More

Fridays With Rogers Partners

At this morning’s muffin meeting, Matthew Umbrio discussed a case in which the plaintiffs attempted to back out of a settlement. In Huma et al v. Mississauga Hospital and Queensway Health Centre, 2019 ONSC 5115, the plaintiffs commenced a medical negligence lawsuit. A lawyer assisted with drafting the Statement ofRead More

Four Issues From Recent Jury Trial

Brian Sunohara has written an article called “Four Issues From Recent Jury Trial“.  The article summarizes a court decision which examined the following issues: Addressing Unfairness From Partial Settlement Agreements Jury Questions Demonstrative Aids In Opening Addresses Experts’ PowerPoint SlidesRead More

Who is a “Lessee”?

Section 277(1.1) of the Insurance Act outlines the order in which motor vehicle liability policies have to respond to accidents involving rented and leased vehicles. The order is: lessee, driver, and owner. In Aviva Insurance Company v. Wawanesa Mutual Insurance Company, 2019 ONCA 704, the Court of Appeal examined who isRead More

Collision Damage Waiver for Rental Vehicle Invalidated

In Enterprise Rent-A-Car v. Richards, 2019 ONSC 5201, the defendant rented a minivan and purchased an optional Collision Damage Waiver. The vehicle was involved in an accident. The defendant’s son was driving the vehicle with the defendant as a passenger. The son was not an authorized driver under the rental agreement andRead More

Appeal Route for Dismissed Claim When Damages Not Assessed

Section 19(1.2)(d) of the Courts of Justice Act gives the Divisional Court jurisdiction over appeals where: the trial court has dismissed a claim in which the plaintiff had not claimed more than $50,000 exclusive of costs, or the trial court has dismissed a claim and, if the claim had been allowed,Read More

Fridays With Rogers Partners

At our muffin meeting, we discussed a decision released by the Court of Appeal this week which addressed liability for an oil leak and the test for causation. In Donleavy v. Ultramar Ltd., 2019 ONCA 687, the Court of Appeal upheld the trial judge’s apportionment of liability of 40% onRead More

Condo Owner Loses Unit Due to Unruly Tenant

There are risks with renting out condominium units. The case of York Condominium No. 187 v. Sandhu, 2019 ONSC 4779, demonstrates an extreme risk. Sandhu owned a condominium unit. She leased it to a tenant. The tenant was in constant conflict with building management and ultimately sued the condominium corporation (“YCC”) forRead More

Issue Estoppel vs. Abuse of Process

In Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 5071, the court went over the differences between the doctrines of issue estoppel and abuse of process. The purpose of both doctrines is to promote finality to litigation. Duplicative litigation, potential inconsistent results, undue costs, and inconclusive proceedings are toRead More

Three Rogers Partners Lawyers Named in The Best Lawyers

Rogers Partners LLP would like to congratulate the following lawyers named to the 2020 edition of The Best Lawyers in Canada: Stephen Ross – Personal Injury Litigation, Insurance Law Kevin Adams – Insurance Law Anita Varjacic – Personal Injury LitigationRead More

Fridays With Rogers Partners

At this morning’s muffin meeting, Micah Pirk-O’Connell discussed an interesting decision on whether an additional insured is entitled to appoint counsel of its own choosing at the insurer’s expense. In Markham (City) v. AIG Insurance Company of Canada, 2019 ONSC 4977, the plaintiff was struck by a hockey puck whileRead More

Mistaken Settlement Not Set Aside

If a party makes a mistake in entering into a settlement agreement, it is difficult to set the settlement aside. In Kearns v. Canadian Tire Corporation Limited, 2019 ONSC 4946, a settlement was reached at a mediation in a wrongful dismissal claim. Following the mediation, the defendant realized that a paymentRead More

Insurer Estopped From Denying Coverage

The Court of Appeal’s decision in The Commonwell Mutual Insurance Group v. Campbell, 2019 ONCA 668, demonstrates that, if an insurer wants to dispute coverage, it must do so in a timely manner or at least notify its insured of a potential coverage issue. Campbell was involved in an accidentRead More

Negligent Parenting Not Covered Under Auto Policy

In Hunt v. Peel Mutual Insurance Company, 2019 ONCA 656, the Court of Appeal upheld a decision which addressed whether an automobile insurer had to defend a father for negligent parenting. A daughter sued her father arising out of a motor vehicle accident. The daughter alleged that her father wasRead More

No Duty of Care Owed By Doctors to Family Member

Does a doctor owe a duty of care to a family member of a patient? That was one of several questions in the case of Wawrzyniak v. Livingstone, 2019 ONSC 4900. The plaintiff’s father was elderly and was suffering from several illnesses, including gangrene in his legs. Following knee amputation surgery,Read More

Fridays With Rogers Partners

At our muffin meeting this morning, Matthew Umbrio discussed an interesting Small Claims Court decision in St. Lawrence Testing & Inspection Co. Ltd. v Lanark Leeds Distribution Ltd., 2019 CanLII 69697 (ON SCSM). The defendants brought a motion for judgment confirming that the terms of settlement had been satisfied. ThisRead More

The New Crown Liability and Proceedings Act

The Proceedings Against the Crown Act was repealed on July 1, 2019. It has been replaced with the Crown Liability and Proceedings Act, 2019 (“CLPA”). Under section 11 of CLPA, claims are not permitted against the Crown in respect of legislative, policy, and regulatory decisions. Section 17 of CLPA requiresRead More

Priority Dispute for Out-of-Province Claimant

In Intact v. Gore, 2019 ONSC 4508, the court overturned a decision of an arbitrator regarding a dispute between insurers over the responsibility to pay statutory accident benefits to a claimant who was injured in an out-of-province accident. The claimant was a passenger in a single vehicle accident in Alberta. HisRead More

Counsel’s Role in Preventing Humiliated Experts

Brian Sunohara has written an article called “Counsel’s Role in Preventing Humiliated Experts“. Brian discusses a recent court decision involving an expert who was testifying for the first time. The trial judge found the expert to be biased and unfamiliar with his role as an expert witness. Justice Tzimas emphasizedRead More

No Interim SABS

In T.K. v. Allstate Insurance, 2019 ONLAT 18-007113/AABS, the Licence Appeal Tribunal (“LAT”) confirmed that it does not have jurisdiction to award interim statutory accident benefits, unlike the previous FSCO regime. This is consistent with a prior decision of the LAT. The adjudicator agreed with the insured that the Tribunal’sRead More

Fridays With Rogers Partners

Our articling students did a great job this morning at our muffin meeting! Ankita Abraham addressed the decision in Maria-Antony v. Ivaschenko, 2019 ONSC 4731. The defendants brought a motion for leave to conduct a second psychiatric assessment of the plaintiff. The plaintiff attended a defence psychiatry assessment in 2015. TheRead More

Common Issues in the Automobile Litigation Process – A Primer for Insurance Professionals

Stephen Ross, Tom Macmillan, and Erin Crochetière have prepared a handy resource called “Common Issues in the Automobile Litigation Process – A Primer for Insurance Professionals“. The slides provide a high level, basic overview of defending automobile claims, in particular: Jurisdictional Issues Pleadings Liability Damages Collateral Benefits Prejudgment Interest CostsRead More

The Use of Surveillance at Trial – Abridged Article

We have written an abridged version of our recent article, “The Use of Surveillance at Trial“. In the article, Stephen Ross, Brian Sunohara, and Meryl Rodrigues say that a recent Court of Appeal decision will make it less onerous for defendants to rely on surveillance at trial. The Court of AppealRead More