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Fridays With Rogers Partners

It was great to see two of our new articling students present cases at our muffin meeting this morning. They did a fantastic job! Ankita Abraham discussed the Court of Appeal’s decision in Hengeveld v. The Personal Insurance Company, 2019 ONCA 497. The defendant insurer commenced a third party claimRead More

SCC Denies Leave in Limitations Case

In a judgment released today in the case of Zeppa v. Woodbridge Heating & Air-Conditioning Ltd., Brian Sunohara was successful in a Supreme Court of Canada leave to appeal application. Brian acted for an HVAC company that installed an HVAC system at the plaintiffs’ house. The plaintiffs alleged that thereRead More

Winning Plaintiff Denied Costs

In Mahood v. Walsh, 2019 ONSC 4312, Justice Heeney declined to order any costs despite finding that the plaintiff “clearly won” the trial. The plaintiff was awarded $72,500 in damages and interest, which was less than the defendants’ offer to settle of $90,000. However, Justice Heeney held that the defendants’Read More

Test for Setting Aside Default Judgments

In Kaur v. Janeallam, 2019 ONSC 4249, Master Muir outlined the test to set aside a default judgment, as previously stated by the Court of Appeal in Mountain View Farms Ltd. v. McQueen, 2014 ONCA 194: whether the motion was brought promptly after the defendant learned of the default judgment;Read More

An Evening to Celebrate

Friday night was the perfect time to celebrate our new articling students’ first week at the firm! Ankita Abraham, Micah Pirk O’Connell, and Matthew Umbrio are learning the ropes and settling in nicely. We also celebrated the call to the bar of our newest associate, Colleen Mackeigan. Colleen had a greatRead More

Fridays With Rogers Partners

This morning at our muffin meeting, Brian Sunohara discussed the Court of Appeal’s decision in Dermann v. Baker, 2019 ONCA 584. The defendants had made an offer to settle of $150,000 in a motor vehicle accident case. This offer was not accepted, and the jury awarded the plaintiff just overRead More

Liability Admissions in Sexual Abuse Claims

David M. Rogers
An article written by David Rogers, entitled “Liability admissions in sexual abuse claims“, has been published by Canadian Employment Law Today. In the article, David says: “the Ontario Court of Appeal has confirmed that the standard for an award of punitive damages is very high. There must be egregious conductRead More

Drinking and Driving: Accident After Work Party

Commercial hosts, such as banquet halls, must take steps to prevent over-service of alcohol and to stop guests from drinking and driving. In Eastwood v. Walton, 2019 ONSC 4019, an insurance company held a staff Christmas party at a banquet hall. Following the party, an employee of the insurance company, Walton,Read More

Mould in Condo Unit: Who’s Responsible?

By Brian Sunohara The case of Brasseur v. York Condominium Corporation No. 50, 2019 ONSC 4043, outlines the respective responsibilities of a condominium corporation and a unit owner. Duty to Maintain and Repair Condominium corporations have a duty to maintain and repair the common elements. On the other hand, theRead More

Introducing Our New Articling Students

We’d like to extend a very warm welcome to our new articling students! Ankita Abraham, Matthew Umbrio, and Micah Pirk O’Connell started at Rogers Partners today. Ankita, Matthew, and Micah worked very hard in law school and are now entering the final phase before becoming lawyers. Congratulations on making itRead More

Fridays With Rogers Partners

At this morning’s muffin meeting, Robert Forderer led a group conversation on expert witnesses, particularly, disclosure obligations. This discussion arose from the court’s decision in Edwards v. McCarthy, 2019 ONSC 3925. Justice Stinson held that, at the pre-trial stage, instructing letters from counsel to an expert and the documents givenRead More

Ex Turpi Causa and an Insurer’s Anti-Fraud Initiative

By Brian Sunohara The doctrine of ex turpi causa provides that a person cannot pursue a legal remedy if it arises in connection with the person’s own illegal act. For example, you cannot commit murder and then seek to recover under the victim’s life insurance policy. As another example, twoRead More

WICC Golf Tournament

Rogers Partners is delighted to sponsor and participate in the Women In Insurance Cancer Crusade 20th Annual Golf Tournament. It’s a great day to golf and to support an important cause!Read More

Expert Opinions: What Needs To Be Disclosed?

In Edwards v. McCarthy, 2019 ONSC 3925, Justice Stinson overturned the decision of a Master, in which the Master made the following order in relation to a defendant’s expert report: Production of documents or disclosure of information that demonstrate the instructions on which the expert proceeded Production of documents orRead More

Fridays With Rogers Partners

Robert Forderer discussed a very interesting decision at our muffin meeting this morning. In Moushi v. Stephen, 2019 ONSC 3125, the defendant, Lauren Stephen, had been admitted to the hospital for a psychiatric evaluation. After being discharged, the plan was for him to start a program at a detox centre. Read More

Closing Addresses in Jury Trials

In a closing address in a jury trial, a lawyer is afforded considerable latitude to advance the cause of his or her client fearlessly and with vigour. However, there are important limits. A jury must not be distracted from its task of deciding the case on the evidence, and trialRead More

Colleen Mackeigan Called to the Bar

Colleen Mackeigan has been called to the bar and is now officially a lawyer! Colleen had a very successful articling term with Rogers Partners. We can’t wait for her to return to the firm as an associate. Congratulations Colleen! All of us at Rogers Partners are very happy for you.Read More

Occupiers Beware: Keep an Eye on Your Contractors

Brian G. Sunohara
Brian Sunohara has written an article called “Occupiers Beware: Keep an Eye on Your Contractors“. The article addresses a recent court decision and the steps occupiers need to take to insulate themselves from liability when they retain an independent contractor. In the article, Brian says that occupiers cannot take aRead More

Partial Summary Judgment – An Option No More?

Meryl Rodrigues
An article written by Meryl Rodrigues entitled “Partial Summary Judgment – An Option No More?” has received a great deal of attention. The courts have been reluctant to grant partial summary judgment, and, in some cases, will not even schedule motions for partial summary judgment. In her article, Meryl explainsRead More

Costs Sanction Against Insurer at Pre-Trial Conference

By Brian Sunohara In Al-Khouri v. Hawari, 2019 ONSC 3681, the defendant’s insurer was sanctioned for its conduct at a pre-trial conference. The defendant’s insurer took a “no liability” position and refused to negotiate a settlement. Justice Trimble referred to rule 50.05(2) of the Rules of Civil Procedure, which indicates: Read More

Fridays With Rogers Partners

Our muffin meeting focused on the Supreme Court of Canada’s recent decision in Modern Cleaning Concept Inc. v. Comité paritaire de l’entretien d’édifices publics de la région de Québec. The decision analyzes the test in determining whether a person is an employee or an independent contractor. Although the case relatesRead More

Stephen Ross Elected to The Advocates’ Society Board of Directors

Rogers Partners had a strong contingent at The Advocates’ Society End of Term Dinner! It was an extra special evening as Stephen Ross was elected to The Advocates’ Society Board of Directors, which is comprised of leaders of the bar. Congratulations to Stephen on this accomplishment!Read More

Plaintiffs Permitted to Sue in Ontario for Scooter Accident in Thailand

In Vahle et al v. Global Work & Travel Co. Inc., the court determined that Ontario has jurisdiction over a lawsuit related to an accident that occurred in Thailand. Two sisters from Ontario went to Thailand to teach English. The teaching program was organized by the defendant. While riding a motorRead More

Third Party Claim Against Plaintiffs’ Lawyers Struck

Can a defendant commence a third party claim against a plaintiff’s lawyer for failing to preserve evidence? In most cases, the answer is no, according to the Court of Appeal. In Hengeveld v. The Personal Insurance Company, the plaintiffs sued their insurer for failing to preserve their vehicle following aRead More

The Dangers of Drinking and Driving

Drinking and driving remains a far too frequent occurrence. There can be catastrophic consequences, as shown in the case of Hummel v. Jantzi. Some friends met at a house and consumed alcohol. They then went to a bar to watch a Stanley Cup hockey game. The bar had a specialRead More