In Massaroni v. Yum! Brands Inc., 2021 ONSC 5460, the court dismissed the plaintiff’s action in a matter involving an occupiers’ liability claim. The plaintiff was walking from a parking lot of a KFC store to a TD Bank. There was a barrier separating two properties. The barrier was comprised of a curb and a […]
The trial judge in an upcoming trial has ruled that, in order to serve on the jury, the jurors must be fully vaccinated against COVID-19. In R. v. Frampton, 2021 ONSC 5733, Justice Phillips stated that, “in the context of the burgeoning ‘fourth wave’, allowing an unvaccinated person to serve as a juror would irresponsibly […]
At our weekly firm meeting, Michael Kryworuk discussed the case of Sarta v. Mazo, 2021 ONSC 5660. History of the Litigation This matter arises from an action commenced by the Plaintiff, Mr. Sarta, against the Defendants, his former lawyers, for breach of contract and negligence in handling his tort and accident benefit claims from an […]
Rogers Partners LLP is pleased to announce that the following lawyers have been selected for inclusion in the 2022 edition of The Best Lawyers in Canada™: Stephen Ross, Kevin Adams, Anita Varjacic, Brian Sunohara, and David Rogers.
One of the issues in Rumney v. Nelson, 2021 ONSC 5632, was whether the jury should be advised of the statutory deductible in a motor vehicle accident trial. Justice Fowler Byrne confirmed that the jury should not be so advised. Section 267.5(7) of the Insurance Act indicates that damages for non-pecuniary loss shall first be […]
By Alon Barda There has been much confusion regarding the applicability of s.7 of the Licence Appeal Tribunal Act (the “LAT Act”) in recent years. This was finally put to rest with the recent Divisional Court decision of Fratarcangeli v. North Blenheim Mutual Insurance Companywherein it was held that the Licence Appeal Tribunal (the “LAT”) […]