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Kudos to Nancy Buronyi!

Rogers Partners would like to give very special recognition to one of our legal assistants, Nancy Buronyi. For the past 25 years, Nancy has organized the charity events at our firm. This includes the annual Salvation Army Toy Drive, charity potluck lunches, and Casual Fridays for charity. Due to Nancy’sRead More

Exclusion From Discoveries

Parties to a lawsuit usually have the right to be present at the discoveries of all other parties. However, the court has discretion to order otherwise. In Findlay v. Yagminas, 2019 ONSC 6743, the court outlined the factors to consider in determining whether co-parties should be excluded from each other’s discoveries.Read More

Discoveries: Who Goes First?

Generally, the first party to serve a sworn affidavit of documents and a notice of examination is entitled to examine the opposing party for discovery before being examined himself or herself. However, the decision in Lambert v. Maracle, 2019 ONSC 7003, shows that, in order to rely on this rule,Read More

Employee Appreciation Celebration – 25 Years!

We had a fun employee appreciation wine and cheese yesterday as part of our 25th anniversary celebrations! In 1994, Rogers, Moore opened its doors after our founding partners wanted to start a new venture and decided to leave Osler, Hoskin & Harcourt. In 2005, Patrick Moore was appointed to theRead More

Prejudice and Dismissals for Delay

A plaintiff has five years to set an action down for trial, or else the action will be dismissed for delay by the registrar. If the action cannot be set down within five years, the parties can consent to a timetable at least 30 days prior to the expiry ofRead More

Fridays With Rogers Partners

This morning, at our muffin meeting, we discussed a Court of Appeal decision which provides guidance on the extent of a trial judge’s discretion regarding costs when a party beats an offer to settle. We also went over a decision involving a motion to strike certain portions of a claimRead More

Defendant Beats Offer by Over $100K – Appeal Dismissed

In Hadzic et al v. Croxford, 2019 ONSC 6839, the Divisional Court considered an appeal by the plaintiff following a jury trial arising from a motor vehicle accident. Prior to trial, the defendant offered to settle for $150,000, net of the deductible, plus costs. The jury awarded $15,000 for generalRead More

$210 Million Claim By Subway Dismissed Against CBC

Brian Sunohara has written an article called “Subway’s ‘50% Chicken’ Lawsuit Against CBC Dismissed“. The article addresses a very interesting lawsuit by Subway, arising out of comments by the Canadian Broadcasting Corporation that Subway’s chicken could contain only about 50% chicken. Justice Morgan held that the lawsuit had to beRead More

Rental Priority Rules Not Applicable to Listed Driver

Last week, the Court of Appeal released an important decision for rental car companies and their insurers. Section 277(1.1) of the Insurance Act contains a priority scheme for accidents involving rented or leased vehicles. The provision states as follows: (1.1) Despite subsection (1), if an automobile is leased, the followingRead More

Supreme Court Denies Leave in Oil Leak Case

The Supreme Court of Canada recently denied leave to appeal in the case of Gendron v. Doug C. Thompson Ltd. (Thompson Fuels).  This brings an end to a lawsuit that determined several important issues. Facts The case arose out of an oil leak. Approximately one week into trial, the plaintiffRead More

Fridays With Rogers Partners

At our muffin meeting this morning, we discussed a controversial Court of Appeal decision addressing whether discoverability can apply to the limitation period in claims for statutory accident benefits. We also went over a Superior Court decision involving the doctrine of misnomer. Discoverability in SABS Claims Matthew Umbrio addressed the recentRead More

Coverage Under Homeowner’s Policy for Automobile-Related Incident

The case of Pembridge Insurance Company of Canada v. Chu, 2019 ONCA 904, arose out of a motor vehicle accident. The plaintiff sued Fabrizi alleging that he drove through a red light and caused her injuries. Fabrizi commenced a third party claim against Chu. Fabrizi alleged that Chu drove negligently. FabriziRead More

Vicarious Liability and Punitive Damages

David Rogers and Carol-Anne Wyseman have written an informative paper entitled “Will Failure to Admit Liability in a Timely Fashion Give Rise to Punitive Damages? The Law after McCabe”. The paper addresses the principles of vicarious liability and punitive damages. David and Carol-Anne specifically examine a recent decision by theRead More

No Consent, No Uninsured Coverage

In Conners v. D’Angelo, 2019 ONCA 905, the plaintiff was a passenger in a vehicle driven by an unlicensed driver, without the permission of the owner. The plaintiff was injured in an accident and sued the driver, the owner of the vehicle, and the owner’s liability insurer. On a summaryRead More

Rogers Partners at the Santa Claus Parade

Rogers Partners had a fun time volunteering for The Advocates’ Society at the Santa Claus Parade yesterday! In conjunction with the parade, The Advocates’ Society held a special event at Campbell House with hot chocolate, cookie decorating, and holiday crafts. To the delight of many children in attendance, one ofRead More

Fridays With Rogers Partners

At this morning’s muffin meeting, we discussed file opening procedures as part of the Rogers Partners Litigation Strategy Series. Dana Eichler led this seminar. Dana addressed important issues for handling new files from the defence perspective, including: Immediately diarizing limitation periods Confirming instructions on who to defend Checking on whether ourRead More

Brian Sunohara in The Lawyer’s Daily

An article by Brian Sunohara on a recent Court of Appeal decision has been published.[1] The article is entitled “Defendant liable for plaintiff jumping out of bus”. The Court of Appeal upheld a finding of 75% liability on a bus company for an incident in which a grade 8 studentRead More

Pre-Accident Records: How Far Back?

In discoveries in personal injury actions, there is sometimes disagreement over how far back a plaintiff’s medical records should be produced. In Imbrogno v. Gonzalez, 2019 ONSC 6404, the court determined that records and information from 17 years prior to the incident in question were relevant. The plaintiff sued overRead More

Communicating with Treating Healthcare Practitioners

Defence counsel are not permitted to communicate with a plaintiff’s treating healthcare practitioners, without the plaintiff’s consent. This includes preparing a treating healthcare practitioner for trial. In Roy v. Primmum Insurance Company, 2019 ONSC 6361, which involved an accident benefits trial, the court considered whether defence counsel could prepare the plaintiffs’Read More

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