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RP Blog

Rogers Partners Welcomes Mo Rajabali

Rogers Partners is pleased to welcome Modasir “Mo” Rajabali to the firm as an associate lawyer. Mo started with us today. Mo achieved his law degree from the University of Windsor in 2018 and was called to the Bar earlier this year. Prior to law school, Mo majored in PoliticalRead More

Fridays With Rogers Partners

Two of our articling students, Ankita Abraham and Micah Pirk O’Connell, provided helpful information at our muffin meeting this morning. Changes to Small Claims Court and Simplified Procedure Actions Ankita Abraham noted that the monetary jurisdiction of Small Claims Court actions will be increasing from $25,000 to $35,000, effective JanuaryRead More

David Rogers Presenting at Osgoode Personal Injury Conference

David M. Rogers
David Rogers will be presenting tomorrow at Osgoode’s 15th annual Personal Injury Law & Practice conference. David’s topic is “Will Failure To Admit Liability In a Timely Fashion Give Rise to Punitive Damages? The Law After McCabe”. David will be discussing vicarious liability and whether punitive damages can be awardedRead More

Does Hryniak Apply to the Wealthy?

By Brian Sunohara Does the Supreme Court of Canada’s decision in Hryniak apply to litigants with “deep pockets”? Should defendants with insurance be allowed to bring summary judgment motions? Is summary judgment available to plaintiffs who have contingency fee arrangements with their lawyers and legal cost protection? These are someRead More

Defendant Liable for Plaintiff Jumping Out of Bus

By Brian Sunohara In Little v. Floyd Sinton Limited, 2019 ONCA 865, the plaintiff was largely successful in an appeal involving an incident where the plaintiff jumped out of the back of a moving school bus. Background At the time of the incident, the plaintiff was 13 years old andRead More

Limitation Period for Duty to Defend Applications

It is often thought that the limitation period to commence a duty to defend application is two years from an insurer’s refusal to defend. For example, in Zochowski v. Security National Insurance, 2015 ONSC 7881, Justice Belobaba stated that “[t]he law is clear that a clear and unequivocal denial of coverage triggersRead More

Fridays With Rogers Partners

Two of our articling students presented very interesting insurance cases this morning at our muffin meeting. $500,000 Ring Stolen on a Beach Micah Pirk O’Connell addressed a case involving an insurance claim for a stolen ring. In Demetriou v. AIG Insurance Company of Canada, 2019 ONCA 855, the plaintiff wasRead More

Dash Cam Video Proves Defendant Right

The court’s decision in Dainov v. Lee, 2019 ONSC 5993, shows the value of dash cam footage in determining liability for an accident. Based on a dash cam video, Justice Koehnen was satisfied that the defendant driver was not liable for a motor vehicle accident. The video showed that theRead More

“Automobiles” and Foreign Accidents in the SABS Context

In Benson v. Belair Insurance Company Inc., 2019 ONCA 840, the Court of Appeal examined whether two Ontario insurers had to provide statutory accident benefits (“SABS”) in regards to accidents that occurred outside of Ontario involving an ATV and a dirt bike. One accident occurred in British Columbia. The claimantRead More

A Primer on WSIAT Right to Sue Applications

An article by Jocelyn Brogan has been published.[1]  The article, entitled “Giving consideration to plaintiffs’ right to sue”, examines the main issues that arise in right to sue applications at the Workplace Safety Insurance and Appeals Tribunal. [1] The article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part ofRead More

New Court of Appeal Decision on PJI Rate

By Brian Sunohara For many years, the default prejudgment interest (“PJI”) rate in Ontario for non-pecuniary damages in personal injury cases was 5%. When this rate was introduced, market interest rates were actually much higher than 5%. In auto cases, the default 5% PJI rate changed in 2015 to accountRead More

Rogers Partners 25th Anniversary Celebration

Rogers Partners LLP celebrated its 25th anniversary last night with many special guests at the Royal York! It was a terrific evening. We’re grateful to everyone who has played a part with our firm over these past 25 years!Read More

Fridays With Rogers Partners

At our weekly meeting, we discussed a decision addressing the statutory threshold in motor vehicle accident claims. In MacFarlane v. Razmerita, 2019 ONSC 6160, the jury did not award the plaintiff any damages whatsoever. Previous case law considered whether a trial judge has to make a determination on the thresholdRead More

New Small Claims Court Limit

The Ontario government has announced that, effective January 1, 2020, the monetary limit of the Small Claims Court will increase from $25,000 to $35,000. The government believes that wait times in the Superior Court of Justice will be reduced, as many civil cases that would have started in Superior CourtRead More

Test for Negligent Misrepresentation

In Doumouras v. Chander, 2019 ONSC 6056, the court outlined the five requirements for a claim for negligent misrepresentation: there must be a duty of care based on a “special relationship” between the representor and the representee; the representation in question must be untrue, inaccurate, or misleading; the representor mustRead More

Class Members Cannot Appeal Settlements

In Bancroft-Snell v. Visa Canada Corporation, 2019 ONCA 822, a five-member panel of the Court of Appeal confirmed that an individual member of a class action does not have the right to challenge settlement approval orders by way of appeal. The Court of Appeal stated that class members who doRead More

Credibility vs. Reliability

In Paddy-Cannon et al v. Attorney General of Canada et al, 2019 ONSC 5665, the court went over the differences between credibility and reliability. A credible witness may not be a reliable witness. Credibility has to do with a witness’s veracity. Reliability has to do with the accuracy of theRead More

Fridays With Rogers Partners

At our weekly firm meeting, Ankita Abraham discussed a decision in which a psychologist was not qualified as an expert witness because he lacked independence and objectivity. In Barker v. Barker, 2019 ONSC 5906, the plaintiffs sued a mental health centre. They alleged that they were experimented on and harmed byRead More

Successful WSIAT Hearing

Brian Sunohara and Colleen Mackeigan were recently successful in a hearing before the Workplace Safety Insurance and Appeals Tribunal (Decision No. 1709/19). The claim arose out of an accident involving a car and a truck. Both drivers were working at the time of the accident. Our clients argued that the plaintiff’sRead More

Mental Health and Insurance Premiums

Tom Macmillan has written a thought-provoking article entitled “Differentiation allowed to determine risk in insurance”.[1] One of our articling students, Matthew Umbrio, provided helpful research. The article explores whether insurers should be allowed to charge different life insurance premiums to people with mental health issues. [1] The article was originallyRead More

Delay: Jordan’s Big Effect on Civil Litigation

An article written by Brian Sunohara called “Delay: Jordan’s big effect on civil litigation” has recently been published.[1] The article addresses a case recently heard by the Supreme Court of Canada that may cause further delay to civil litigants. [1] The article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca),Read More

Fridays With Rogers Partners

At this morning’s muffin meeting, Micah Pirk O’Connell discussed a Court of Appeal decision involving underinsured coverage for an automobile accident. In Murphy v. Savoie, 2019 ONCA 784, Aviva provided automobile insurance to Emblem Flowers. The policy included an OPCF 44R endorsement. Emblem Flowers employed Colm Hogan as a delivery vanRead More

Drainage Dispute Between Neighbours

“It is very unfortunate that these neighbours could not have found someway to work this out. Sadly, both sides have incurred significant legal costs and an even more significant amount of stress”. Those were the comments of Justice J.E. Ferguson in a dispute between neighbours in Dawes v. Gill, 2019 ONSCRead More

Lost Oil Tank: Action Dismissed

Brian Sunohara of our firm has handled numerous product liability and environmental claims involving leaks from oil tanks. In some of these cases, the oil tank went missing before it could be fully inspected by experts. Plaintiffs will sometimes argue that the cause of the leak can still be determinedRead More

The $800,000 Question: No Waiver By Insurer

In Bradfield v. Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800, the Court of Appeal disagreed with the trial judge that an insurer waived its right to rely on a policy breach for not conducting thorough and timely investigations. The matter arose out of a motorcycle accident inRead More