RP Blog
Time is of the Essence: Missed Limitation Period = Missed Opportunity
By Annie Levanaj In Filippova v. Cross, et al., 2023 ONSC 3777, the plaintiff, a nursing student, filed a lawsuit against her college, a long-term care home she received training from, and its employees after being removed from the nursing program in November 2020. The plaintiff commenced her original actionRead More
Welcome to Our New Articling Students!
Our new articling students started with the firm today. Welcome to Megan Chan, Eli Feldman, Itai Gibli, and Samuel Pevalin!Read More
Fridays with Rogers Partners
At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Ali v. Irfan, 2023 ONSC 3239. Overview: The Court considered whether an action for loss of competitive advantage (“LOCA”) should be dismissed by way of a non-suit motion or by declining to put theRead More
The Appraisal Process – A Fundamental Tool for Resolution
By Antoinette Monardo The Ontario Superior Court of Justice recently released its decision in The Dominion of Canada General Insurance Company v. Nelson, 2023 ONSC 386. This decision addresses the issues of jurisdiction and judicial review in the appraisal process. Context In October 2017, the Respondent’s home was destroyed inRead More
Staff Get Together
Several members of our staff had a fun time at King Taps last night. It was great to get together outside of the office!Read More
Jordan Petruska Joins Rogers Partners
We’re delighted to welcome Jordan Petruska to Rogers Partners LLP as an associate. Jordan has a broad civil litigation practice, including defending claims involving motor vehicle accidents (tort and accident benefits), occupiers’ liability, and product liability. Prior to joining the firm, Jordan was in-house counsel for a national insurance company.Read More
Jason Frost Joining Rogers Partners
Rogers Partners LLP is very happy to welcome Jason Frost to the firm and the partnership. Jason is an industry expert with extensive experience handling statutory accident benefits disputes and disputes between insurers. We are excited to have Jason continue his successful insurance defence litigation practice with Rogers Partners LLPRead More
LAT Tales: Can They Be Litigated? Res Judicata and Late Disclosure
By Amanda Colarossi Overview In Dahi v. Certas Home and Auto Insurance Company, 2023 CanLII 32797, the applicant was involved in an accident on January 29, 2015 and sought payment of accident benefits from the respondent. The issues in dispute were whether the claimant was catastrophically impaired under Criterion 7,Read More
Fridays with Rogers Partners
At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Court of Appeal in Bothwell v. London Health Sciences Centre, 2023 ONCA 323. Overview: The Court of Appeal considered the test for a compensable psychological injury and whether feelings of shock, frustration, and anger meet this test.Read More
“Fully Covered” – Contracts, Negligent Misrepresentation and Insurance Coverage
By Riley Groskopf The Ontario Court of Appeal recently released its decision in Jakab v. Clean Harbors Canada Inc., 2023 ONCA 377. The decision revisits the basics of contractual interpretation and the elements of negligent misrepresentation. Context The appellants, Mr. Jakab and Ontario Heavy Express Ltd. (a corporation wholly ownedRead More
Practice Management Seminar & Dinner
As part of our ongoing training program at Rogers Partners, our lawyers and students participated in our Practice Management Seminar yesterday. We discussed issues such as file handling strategies at the initial stages of litigation, the purpose of discoveries, tips for discoveries, how to conduct an effective mediation, and meetingRead More
Trial by Stopwatch: A Warning from the Court of Appeal
By Michael Kryworuk In Interhealth Canada Limited v. O’Keefe, 2023 ONCA 368, the Ontario Court of Appeal considered an appeal by the plaintiff, Interhealth Canada Limited (“Interhealth”), of a decision by the Ontario Superior Court of Justice. While the case was appealed on both substantive and procedural grounds, this blogRead More
Stephen Ross and Anita Varjacic Speaking at Anatomy of a Trial Conference
On June 15 and 16, 2023, the Ontario Bar Association is having its popular Anatomy of a Trial conference. Lawyers of all experience levels will benefit from this program and enhance their ability to map out strategy, manage documents, open and close to a jury, examine and cross-examine witnesses, andRead More
Congratulations to Our Articling Students
We’d like to congratulate our students for successfully completing their articling term! Emmanuel Couture-Tremblay, Nasra Esak, and Katrina Taibi will be called to the Bar in June and are returning to Rogers Partners as associates. We know that they’ll be terrific lawyers, and we wish them continued success!Read More
Antoinette Monardo Joins Rogers Partners
We’re pleased to welcome Antoinette Monardo to Rogers Partners as an associate! Antoinette joins us from a personal injury firm where she handled a variety of files, including claims involving motor vehicle accidents (tort and accident benefits), occupiers’ liability, and product liability.Read More
Rogers Partners Social Night
Some members of our firm had a fun social outing last night at a new restaurant, CKTL & Co. It was a great evening!Read More
Court Reviews Requirements for Default Judgment
By Kathryn Orydzuk In the recent decision in John Howard Society of Peel-Halton-Dufferin v. Pennock et al, 2023 ONSC 2839, released on May 11, 2023, the Ontario Superior Court of Justice ruled on a motion for default judgment by the plaintiffs, and in the alternative, seeking judgment on the termsRead More
Justice Delayed is Justice Denied: The Responsibility to Respond Promptly to WSIAT Decisions
By Annie Levanaj The recent decision of the Court in Delanty v. Hogan, 2023 ONSC 2501, demonstrates that parties are expected to move actions forward and respond promptly when dealing with reconsiderations of WSIAT decisions. Background This decision arose from a motor vehicle accident. The plaintiffs were Ms. Delanty, aRead More
Fridays with Rogers Partners
At our weekly meeting, Nasra Esak discussed the recent decision of the License Appeal Tribunal (LAT), Amalathasan v. Certas Home and Auto Insurance Company, 2023 CanLII 17707 (ON LAT). In this decision, the Tribunal addressed the circumstances it can consider re-litigated issues and the application of the res judicata doctrine.Read More
Fridays with Rogers Partners
At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Serraville v. Duggan, 2023 ONSC 933. Overview: Pursuant to Rule 7.08, the minor plaintiff’s litigation guardian brings a motion seeking court approval of the portion of a tort settlement related to the minor. Facts:Read More
The Suspension of Limitation Periods Applies Only When a Cause of Action Exists
By Erin Crochetière The Court of Appeal in Wong v. Lui, 2023 ONCA 272, considered the applicability of the 15 year ultimate limitation period to claims advanced by a plaintiff who was a minor, but did not yet have a cause of action, during the running of the 15 yearRead More
Fridays with Rogers Partners
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Court of Appeal for Ontario in Truscott v. Co-Operators General Insurance Company, 2023 ONCA 267. Overview This appeal arose from an application for insurance coverage for claims related to a fire that destroyed a building, and the accountingRead More
LAT Tales: Bring the frivolous motion, pay the cost
By Jennifer Singh In Syed v. Security National Insurance Company [1], the LAT dismissed the applicant’s application and awarded the respondent, Security National Insurance Company, $2,000.00 in costs. Motions can be a useful tool at the LAT, but with finite resources frivolous motions constitute a hindrance. The awarding of costsRead More
Fridays with Rogers Partners
At our weekly meeting, Taya Rosenberg discussed the recent judicial review decision of the Divisional Court in Intact Insurance Company v. Laporte et al., 2023 ONSC 1828. Factual Background In November 2018, the Respondent Mr. Laporte’s commercial property was significantly damaged by fire. The Applicant, Intact Insurance Company, had issued anRead More
Fridays with Rogers Partners
At our weekly meeting, Nasra Esak discussed the recent decision of the Ontario Court of Appeal in 778938 Ontario Limited v. EllisDon Corporation, 2023 ONCA 182. OVERVIEW This appeal arose from an unsuccessful motion to stay an Ontario action on the basis that the Ontario Court did not haveRead More
Class Action Certification Round 2 – New Judge, Same Result
By Riley Groskopf The Ontario Superior Court of Justice recently released its new certification decision in Nordik Windows Inc. v. Aviva Insurance Co., 2023 ONSC 1804. The decision of Justice Morgan was the second certification motion for the proposed class action, after Justice Belobaba issued an Order that a newRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Li v. Barber, 2023 ONSC 1679. Overview: A motion by the plaintiffs to amend the Statement of Claim, and a motion by a group of defendants to strike the Statement of Claim forRead More
Ramadan 2023
Our Equity, Diversity and Inclusion Committee has provided us with information on Ramadan. This week, Muslims from around the world will begin to fast and start the month of Ramadan. It marks a holy month for Muslims, where many in the community will start a month-long observance of fasting, prayer,Read More
In “Defence” of Rule 21.01(b) and Motions to Strike
By Michael Kryworuk In Shillington v. Stover, 2023 ONSC 1463, Regional Senior Justice C. Macleod considered a motion by one of the defendants, Million Dollar Round Table (“MRDT”), to strike the statement of claim against it as disclosing no cause of action under Rule 21.01(1)(b) of the Rules of CivilRead More
Fridays with Rogers Partners
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Court of Appeal for Ontario in Ontario v. St. Paul Fire and Marine Insurance Company, 2023 ONCA 173. Overview This appeal arose from a coverage application, in which the appellant, His Majesty the King in the Right ofRead More
The “Litigating Finger”
By Michael Brown An endorsement from a recent motion held in the Ontario Superior Court of Justice before McGraw AJ has provided an interesting look at the use of misnomers in pleadings and the doctrine of discoverability as it relates to unidentifiable parties. In Abramov v. Doe,[1] the Plaintiff broughtRead More
Fridays with Rogers Partners
At our weekly meeting, Taya Rosenberg discussed the recent summary judgment decision of the Ontario Superior Court in Pridmore v. Drenth, 2023 ONSC 817. This action arose from an incident involving a four-wheeled all-terrain vehicle (“ATV”). Breanne Pridmore, the plaintiff, was a passenger on an ATV driven by Tyler Drenth andRead More
What Happens in Italy, Stays in…? New Appellate Decision Interpreting Van Breda
By Meryl Rodrigues In the recent decision of Sinclair v. Amex Canada Inc.[i], the Ontario Court of Appeal reaffirmed the principles in the oft-cited jurisdictional decision of Van Breda[ii], and articulated a (perhaps disputable) framework for their application in a given case, following the appeal of three Italian companies fromRead More
Rogers Partners Celebrates International Women’s Day
International Women’s Day is a day recognized across the world for celebrating the social, economic, cultural, and political achievements of women, and for reflecting on ways we can increase gender parity, and otherwise effect positive change for women in our society. One of this year’s themes for International Women’s DayRead More
Alon Barda Successful at Licence Appeal Tribunal
The decision in Al Khazreji v. RSA Insurance, 2023 ONLAT 21-009559/AABS – PI, involves a determination by the Licence Appeal Tribunal over whether the applicant was involved in an “accident”, as defined in the Statutory Accident Benefits Schedule. Alon Barda of Rogers Partners LLP was counsel for the insurer. The applicant is a taxi driver.Read More
Fridays with Rogers Partners
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Ozdemir v. Economical Mutual Insurance Group, 2023 ONSC 685. Overview: A mid-trial hearing on the admissibility of the plaintiff’s medical report, when the doctor would not be presented for cross-examination. Facts: The plaintiff,Read More
The Osgoode Hall Trees vs. the Ontario Line: Further Injunctive Relief Denied
By Kathryn Orydzuk In the recent decision of the Ontario Court of Appeal, Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, the Court considered whether an extension of an Order granting interim injunctive relief was appropriate, in the most recent skirmish in the battle over the removal of 11 treesRead More
LAT TALES (Court of Appeal Edition): Does an insurer always have to provide a medical reason when denying specified benefits under the SABS? Short answer: No.
By Jennifer Singh In Varriano v. Allstate Insurance Company of Canada [1], the Court of Appeal overturned a Divisional Court decision [2] and reinstated the decision of the LAT adjudicator which found that the insurer’s letter denying IRBs complied with the legislative requirements of 37(4) of the SABS, even thoughRead More
Rogers Partners Celebrates Black History Month
The 2023 theme for Black History Month is: “Ours to tell”. This theme is said to represent both an opportunity to engage in open dialogue and a commitment to learning more about the stories Black communities in Canada have to tell about their histories, successes, sacrifices and triumphs. The GovernmentRead More
Fridays with Rogers Partners
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Cernjul v. The Nordic Insurance Company of Canada, 2023 ONSC 559. Overview This application involved a claim for a declaration that the Applicant’s automobile insurer had a duty to defend him in a civilRead More
Proper Forum in Interjurisdictional Contract Disputes: Your Court or Mine?
By Franz Lopez In Black & MacDonald Limited v Eiffage Innovative Canada Inc.,[1] the Ontario Court of Appeal addressed an appeal of a lower court’s decision to stay two proceedings related to the construction of the Alex Fraser Bridge crossing over the Fraser River in Delta, British Columbia (the “Project”)Read More
Standard of Care and Causation in Medical Malpractice Class Actions
By Erin Crochetière In Levac v. James,[1] the Court of Appeal for Ontario considered an appeal regarding the standard of care and causation in a class action alleging breach of applicable Infection Prevention and Control (“IPAC”) best practices causing infection. In the underlying class action, the plaintiffs alleged that theRead More
Brian Sunohara Presenting on Documentary Production
Brian Sunohara is speaking at an upcoming continuing professional development program by The Advocates’ Society called “Documentary Production: What You Need to Prove Your Case“. The program will be held online on February 15, 2023. Brian is going to be part of a panel on “Production Across Practice Areas: PerspectivesRead More
Associates Appreciation Dinner
Our senior partner, Stephen Ross, welcomed our lawyers and students into his home last night for an Associates Appreciation Dinner. It was a fun evening!Read More
Default Judgment Granted in False Murder Narrative Website Case
By Annie Levanaj The recent decision in Gillespie v. Fraser, 2023 ONSC 537 dealt with the plaintiff’s motion for default judgment against the defendant, Diana Tilbert, following her failure to deliver a Statement of Defence within the prescribed time. In this decision, the court summarizes the applicable criteria for awardingRead More
Rogers Partners Announces New Partner
Rogers Partners LLP is delighted to announce that Meryl Rodrigues has joined the partnership of the firm! Meryl started with the firm as an articling student. She has a very bright mind and is an exceptional advocate. She is a mentor to junior lawyers and students at the firm. WeRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Nasra Esak discussed the recent Court of Appeal decision of Ontario v. Madan, 2023 ONCA 18. The Court of Appeal upheld a motion judge’s decision to strike contested paragraphs of the appellants’ statements of defence counterclaims, which alleged that the Government of Ontario was vicariouslyRead More
Court Awards PJI at Lower Rate Than in Courts of Justice Act
In Henry v. Zaitlen, 2022 ONSC 7259, the court considered the applicable rate of prejudgment interest (“PJI”). In the Courts of Justice Act, the PJI rate for non-pecuniary loss is 5% per year. However, in MacLeod v. Marshall, 2019 ONCA 892, the Court of Appeal held that the trial judgeRead More
Tricks of the Trade Conference
The Advocates’ Society’s popular Tricks of the Trade conference is coming up on January 27, 2023. It will be held in person at The Carlu in Toronto. Two of our partners are involved in the conference. Stephen Ross is a co-chair. Stephen will be moderating a fireside chat with JusticeRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Delgado-Zurita v. Toronto (City), 2023 ONSC 35. Overview: The plaintiff brought a motion pursuant to Rule 48.14 of the Rules of Civil Procedure to vary a set aside order and for an extensionRead More
Leafs Night
Some of our lawyers had a fun group outing at the Leafs game last night. It was even better that the Leafs won!Read More
LAT Tales: Section 55 and Consumer Instruction Legislation
By Riley Groskopf The License Appeal Tribunal (“LAT”) recently released its reconsideration decision in Iravani-Fard v. Economical Insurance, 2022 CanLII 109480. The decision addresses the consequences of a claimant’s failure to attend insurer examinations, and recognizes the rights granted to insurers by the SABS. Facts at issue The claimant wasRead More
Fridays with Rogers Partners
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Morgan v. Co-Operators General Insurance et. al., 2022 ONSC 7254. Overview This simplified procedure action involved a claim for water damage that occurred at the plaintiff’s property on December 9, 2019. Background The PlaintiffRead More
Relief From Forfeiture Denied in Late Notice Case
By Michael Kryworuk The case of Searles v. Economical Insurance, 2022 ONSC 7217, involves a dispute between the applicant homeowners and their insurer, Economical, regarding a request for reimbursement of defence costs. The applicants provided notice of an action almost seven years after the commencement of the action. History ofRead More
2023 Deductible Amounts in MVA Claims
The Financial Services Regulatory Authority of Ontario has released the updated deductible amounts in motor vehicle accident claims. In 2023, the deductible for damages for non-pecuniary loss is $44,367.24 where such damages do not exceed $147,889.59. The deductible for damages under section 61(2)(e) of the Family Law Act (loss ofRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Taya Rosenberg discussed a recent decision on a mid-trial motion for an adjournment of trial to permit the plaintiffs to obtain new expert evidence, in Carter v. Newman, 2022 ONSC 7179. Overview The plaintiffs brought a motion for an order to adjourn the trial and forRead More
The Appropriate Use and Timing of a Request to Admit
By Michael Brown While COVID-19 continues to rear its head in the Ontario court system, there have been some teachable moments arising from the pandemic and the litigation resulting from it. Recently, the Ontario Court of Appeal considered the suitability of a commonly utilized pre-trial procedure, a request to admit,Read More
Holiday Sweater Day
It’s been a fun day at the office with holiday sweaters and a pizza lunch! After careful deliberations, the Holiday Sweater Committee is pleased to announce that the prize for the best sweater goes to Alejandra Luco! Runner-up prizes are awarded to Jackie Galvin, Sumina Singh, Maryam Lenz, Michael Kryworuk,Read More
Fridays with Rogers Partners
At our weekly Friday meeting, Nasra Esak discussed the recent Ontario Court of Appeal decision in 2505243 Ontario Limited (ByPeterandPaul.com) v. Princes Gates Hotel Limited Partnership, 2022 ONCA 859. The Court of Appeal upheld a decision of Justice Gilmore in which a commercial landlord was found to have operated inRead More
Alleged Impecuniosity Insufficient to Bar Costs Award
By Meryl Rodrigues In a recent Costs Endorsement decision in Kesete v. Gaspar[i], the Ontario Superior Court addressed an argument that a plaintiff’s alleged impecuniosity should bar any – or anything more than nominal – costs being awarded to a successful defendant. The decision followed a 14-day jury trial, inRead More
Divisional Court Strikes Appeal of LAT Decision as Premature
In Kahissay v. Intact Insurance, 2022 ONSC 6357, a statutory accident benefits claimant appealed a decision of an adjudicator of the Licence Appeal Tribunal related to attending insurer’s medical examinations. The Divisional Court issued a notice indicating that the court was considering dismissing the appeal on the basis that itRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Chevrier v. Orsanic, 2022 ONSC 6508. Overview: In this case, one of the defendants brought a motion to: set aside a noting in default against her;allow her to file a Statement of DefenceRead More
Ontario Energy Group’s ONSC Action Stayed Pending Outcome of Small Claims Court Actions
By Kathryn Orydzuk In MDG Newmarket Inc. v Symonds, 2022 ONSC 6481, Justice Vermette rendered a decision on an interesting motion that touched upon the doctrine of abuse of process, and when commencing a separate action in the Superior Court may effectively be considered an attempt to transfer a matterRead More
Franz Lopez Joins Rogers Partners
Franz Lopez joined Rogers Partners today as an associate lawyer. We’re very happy to welcome Franz to the firm! Prior to attending law school, Franz was an environmental scientist. He recently achieved a Master of Laws degree, specializing in Energy and Infrastructure Law. During his articles, Franz assisted with severalRead More
2022 Holiday Party
Everyone was in a festive spirit at our firm’s holiday party! It was fun to spend quality time with such a terrific group of people!Read More
LAT TALES – Surveillance: To disclose or not to disclose
By Jennifer Singh In Nick Vassos v. Heartland Farm Mutual Inc. [1] the LAT denied a motion brought by the applicant to exclude the following from the hearing: Surveillance video;Any report or assessor who relied on the surveillance; andAll evidence used in relation to the surveillance. Background The applicant wasRead More
Damages for Arm Fracture
The decision of Cornwall v. Al Bloushi, 2022 ONSC 6388, involves an undefended trial in a personal injury action. The plaintiff was 69 years old at the time of a slip and fall accident. She sustained a humerus fracture of her right arm. Surgery was not performed. The plaintiff hasRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Nasra Esak discussed a recent Ontario Superior Court decision granting a summary judgement brought by the defendant in Strilchuck v. Tecumseh (Town of), 2022 ONSC 5841. Overview Justice King granted a summary judgement brought by the Town (the defendant) to dismiss a trip and fall personalRead More
Court Of Appeal Upholds Denial of Interlocutory Injunction on Hospitals’ Mandatory Vaccination Policy Pending Labour Arbitration
By Erin Crochetière In National Organized Workers Union v. Sinai Health System, 2022 ONCA 802, the Court of Appeal considered the jurisdiction of the Superior Court in the context of a labour arbitration. In the underlying labour arbitration, the Appellant, the National Organized Workers Union, disputed the Respondent hospitals’ mandatoryRead More
Brian Sunohara and Erin Crochetière Win Trial
Congratulations to Brian Sunohara and Erin Crochetière for their success at a recent trial! The decision was released yesterday. The case of Leendertse v. His Majesty the King in Right of Ontario, 2022 ONSC 6395, involves an accident where the plaintiff was riding a bicycle and was struck by aRead More
Lawyers Seek to Reinstitute King’s Counsel Designation
There was recently an interesting article in Law Times called “Veteran litigator calls for Ontario to reinstitute KC designation“. According to this article, there is growing support for Ontario to reinstitute the King’s Counsel (formerly Queen’s Counsel) designation as it would help Ontario lawyers in the international legal arena. TheRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Taya Rosenberg discussed the recent decision of the Ontario Superior Court in Aviva General Insurance Company v. Catic, 2022 ONSC 6000. Overview This case was concerned with the interpretation of subsection 38(11)2 of the Statutory Accident Benefits Schedule (“SABS”), which sets out the consequences forRead More
Courts Have Limited Ability To Interfere With Arbitration Awards
By Athina Ionita In Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137, 2022 ONCA 769, the Court of Appeal considered the application of s. 46(1)3 of the Arbitration Act, 1991, S.O. 1991, c. 17 (“the Act”), and when a court may interfere with an arbitration award. Background The appellant,Read More
Damages for Foot Injury
The case of Raskin v. Stepanyan, 2022 ONSC 6247, involves an undefended personal injury trial. The plaintiff was involved in a trip and fall accident. She was 64 years old at the time of the accident. She sustained a fracture of the fifth metatarsal on the right foot. She woreRead More
Rule 48.04: Amendment Permits Consenting to Trial List Placement without Losing Discovery Rights