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Fridays With Rogers Partners

At our muffin meeting this morning, we had a roundtable discussion on a lawyer’s duty of resolute advocacy versus a lawyer’s obligation to not use tactics that are dishonest, including in their interactions with opposing counsel. This discussion arose from the Court of Appeal’s decision in Paulus v. Fleury, whichRead More

Resolute Advocacy vs. Civil Fraud

The Supreme Court of Canada denied leave to appeal today in a case involving an allegation of civil fraud against a plaintiffs’ personal injury lawyer. The case of Paulus v. Fleury arose out of a car accident. At a pre-trial conference, the plaintiffs’ lawyer made submissions that he had “independent”Read More

Subrogated Claim Against Tenant Barred

In Rocky Heights v. Biber, the court refused to allow a subrogated claim by an insurer of a landlord to proceed against a tenant. The claim arose out of a residential fire. The fire was caused by the tenant leaving a boiling pot of oil unattended. The tenant was anRead More

Cyber-Attack Class Action Not Certified

In Kaplan v. Casino Rama, the court dismissed a certification motion in a class action involving a cyber-attack. Casino Rama’s computer system was hacked, and personal information was stolen relating to customers, employees, and suppliers. The hacker posted the stolen data on the Internet. Just under 11,000 people had some personalRead More

A Comedian’s Costly Tweets

Social media has been a popular way of communicating with others for some time now. However, caution must be exercised when using social media. As a recent court decision shows, legal damages can be very high when defamatory comments are made. In Emeny v. Tomaszewski, the plaintiff and the defendantRead More

Fridays with Rogers Partners

This morning, at our weekly Friday muffin meeting, Colleen Mackeigan discussed the case of Christie v. TD Insurance Meloche Monnex. The parties agreed to a further examination for discovery of the defendant based on answers to undertakings and additional productions. However, the defendant argued that the total length of the initialRead More

Bifurcating Non-Jury Trials

In Duggan v. Durham Region Non-Profit Housing Corp., the Divisional Court was split on whether consent of the parties is required to order bifurcation of non-jury trials. Rule 6.1.01 of the Rules of Civil Procedure indicates: “with the consent of the parties, the court may order a separate hearing on oneRead More

The Duty of Civility

Lawyers have a professional obligation to not take advantage of other lawyers’ slips or mistakes not going to the merits of a matter. This obligation was at the forefront of the court’s decision in Khoshaba v. Gore Mutual Insurance Company. The applicant applied for statutory accident benefits. The insurer requiredRead More

Photos from our Practice Management Seminar

Last night, we had a great time at our Practice Management Seminar and Dinner. This is an annual tradition for the lawyers at our firm. We find the seminars to be a productive way to have open discussions in a collegial setting. We discussed best practices and how we canRead More

The High School Fight

A fight breaks out at a high school. Can teachers at the school and the school board be held liable? It depends on whether the fight could have been anticipated and on what supervision protocols were in place. In Tilli v. Hamilton-Wentworth Catholic District School Board, two students started aRead More

Piercing the Corporate Veil

An article written by Stephen Ross and Andrew Yolles has been published in the Summer 2019 edition of the highly regarded publication, The Advocates’ Journal. The article is called “Yaiguaje v. Chevron Canada Corporation: A new and restrictive approach to piercing the corporate veil”.Read More

Fridays with Rogers Partners

Over the past 25 years, it’s been a tradition at Rogers Partners for our lawyers and students to meet every Friday morning to discuss practice management strategies, ethical issues, and the latest developments in the law. We call these sessions “muffin meetings” because someone would always bring muffins. These days,Read More

Court of Appeal Overturns Finding of Liability on Shopping Mall

The Court of Appeal released a decision today in Drummond v. Cadillac Fairview Corporation Limited, dismissing a claim involving a trip and fall on a skateboard in a mall food court. On a summary judgment motion, the mall sought a dismissal of the action. The motion judge did not dismiss the actionRead More

Addressing Conflicts in Defending Additional Insureds

In HMQ v. AIG Insurance, the Province of Ontario was sued in two actions arising from highway construction work. AIG insured a construction company, Aecon. Ontario was an additional insured on the AIG policy. AIG agreed to defend Ontario and to have Ontario’s own counsel represent Ontario. However, AIG insistedRead More

Scope of Builder’s Risk Coverage

What does builder’s risk insurance cover? That was the question in Pre-Eng Contracting v. Intact. A builder repaired the roof at a school. As a result of negligent work, rain spilled through the roof onto the wooden floor of a gymnasium. The builder had a builder’s risk policy with NorthbridgeRead More

Further Case on Partial Summary Judgment

In a recent post, we discussed the case of Farooqi v. Lorenzo. The court would not schedule a summary judgment motion as requested by a defendant driver because, if summary judgment was granted, the claim would still continue against other defendants. However, in a decision released today, Extreme Venture Partners FundRead More

Plaintiff Not Permitted to Add Family Law Claim After Expiry of Limitation Period

The case of Malik v. Nikbakht indicates that, if an injured plaintiff wants to advance a claim under the Family Law Act, it must be done within the limitation period. Justice Cavanagh overturned a decision of a master.  The master had applied authority of a single judge of the DivisionalRead More

Summary Judgment in Multi-Party Litigation

A recent court decision serves as a warning to think hard about bringing a summary judgment motion in multi-party litigation, if the motion will only partly dispose of a claim. In Farooqi v. Lorenzo, a defendant driver sought to be dismissed from an action by way of summary judgment. TheRead More

Congratulations to Colleen Mackeigan

Rogers Partners LLP is delighted to announce that Colleen Mackeigan has completed her articles and will be returning to the firm as an associate following her call to the bar in June. Colleen has worked hard during her articling term and has demonstrated commitment and a strong desire to learn.Read More

From the Desk of Jocelyn Brogan

Jocelyn-Rose Brogan
Outside of work life, I often find myself noticing conditions or activities carried out on properties that have the potential of being the subject matter of a personal injury action. However, just because I notice the vulnerabilities of occupiers in everyday life, this certainly does not mean that a potentialRead More

The Collateral Benefits/Tort Interface

Stephen Ross and Meryl Rodrigues have written an updated comprehensive paper on the interaction between tort claims and collateral benefits. The initial version of this paper was relied on by the Court of Appeal in El-Khodr v. Lackie, 2017 ONCA 716, wherein it was held that strict qualitative and temporalRead More

Trip & Fall Claim Dismissed

In Ali v. Smart REIT, the plaintiff tripped on a curb in a shopping plaza and fell on her face. The curb had a slope for barrier-free access. The plaintiff argued that the curb was hazardous because the slope was not gradual and because there was no warning as toRead More

Rogers Partners LLP Welcomes Carol-Anne Wyseman

Rogers Partners LLP welcomes Carol-Anne Wyseman to the firm as an associate lawyer. Carol-Anne was called to the Bar in 2016. She joins us from an in-house legal department of an insurance company where she maintained full carriage of numerous insurance-related files. Carol-Anne completed her undergraduate studies at Western University,Read More