Case Updates – Rogers Partners LLP

Relevant and Proportional: A Case Analysis Surrounding Production of Documents in Litigation

rpllpadmin — Thu, 22 Oct 2026 13:42:13 +0000

By Kathryn Orydzuk Background The Ontario Superior Court of Justice released an Endorsement in George W. Corporation v. Gomma, 2026 ONSC 5811 on October 14, 2026, in relation to a motion brought by the plaintiffs for the production of further disclosure and a further and better affidavit of documents. In the broader litigation, the plaintiff […]

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Replacement‑Cost Coverage and the Challenges of Summary Judgment

rpllpadmin — Wed, 14 Oct 2026 22:29:46 +0000

By Jordan Petruska In Dutremble et al. v. Heartland Farm Mutual Inc., 2026 ONSC 5741, a motion for summary judgment and for leave to amend a Statement of Claim was brought by insured homeowners whose home was destroyed by fire during the early months of the Covid‑19 pandemic. The plaintiffs alleged the defendant insurer, Heartland […]

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Ontario’s Uninsured Vehicle Tort Bar: “I Owned It” is Not the End of the Story

rpllpadmin — Wed, 07 Oct 2026 22:39:08 +0000

By Jessica Rost Under Section 267.6(1) of the Insurance Act, a tort claim by the owner of a motor vehicle may be barred if he or she does not have insurance on the vehicle at the time of the incident, in contravention of s.2(1) of the Compulsory Automobile Insurance Act. The recent decision in Bennett […]

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When the Clock Keeps Resetting: Limitations and Continuing Nuisance in Karagan v. Seemann

rpllpadmin — Thu, 24 Sep 2026 09:47:25 +0000

By Jaaron Pullenayegem When a claim arrives more than a decade late, a motion to dismiss based on the limitation period’s expiry can look like a clean route to resolution. The decision in Karagan v. Seemann, 2026 ONSC 5278, shows why that path may be less clear when the claim is framed in nuisance. On […]

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The Constitutional Limits of Privative Clauses

rpllpadmin — Wed, 09 Sep 2026 22:40:46 +0000

By Heera Elize Sen In Democracy Watch v. Canada (Attorney General), 2026 SCC 28, the Supreme Court of Canada addressed a fundamental question about the relationship between the administrative state and the courts: can Parliament delegate public power to an administrative decision-maker and, at the same time, prevent courts from reviewing whether that power was […]

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The Roots of Our Discontent: A Recent Ontario Court of Appeal Case Sheds New Light on Causation Analysis

rpllpadmin — Wed, 02 Sep 2026 22:26:04 +0000

By Edmund Nilson Untangling causation is one of the perennial challenges of the law, especially in complicated matters which require expert evidence. In the recent case of Ibrahimova v. Cavanagh, 2026 ONCA 573, the Ontario Court of Appeal has provided additional guidance for approaching causation, especially in the domain of medical negligence. Factual Background This […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 28 Aug 2026 22:24:00 +0000

At our weekly meeting, Jack Haddad discussed the recent decision of the Ontario Court of Appeal in Lower William Properties Ltd. v. Santaguida, 2026 ONCA 581. Facts and Issues A ByWard Market restaurant caught on fire in 2019 and damaged neighbouring buildings. The restaurant was sued, and filed a third-party claim against an architect who […]

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Should I Stay an Arbitration or Should I Go

rpllpadmin — Wed, 26 Aug 2026 23:05:55 +0000

By Cameron Allan In a recent decision, the Ontario Superior Court of Justice provides guidance on a novel remedy under Section 13 (7) of the Arbitration Act, 1991, and determines the appropriate test for when a stay of an arbitration should be granted. Overview In Atkinsréalis Construction (Pacific) Inc. v. GIP Construction Ontario East Ltd., 2026 […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 14 Aug 2026 15:26:03 +0000

At our weekly meeting, Kate Ferguson discussed the recent decision of the Ontario Court of Appeal in West York Sales and Leasing Inc. v. Dominion of Canada General Insurance Company (Travelers Canada), 2026 ONCA 553. Facts and Procedural history This is an appeal arising from an application by West York Sales and Leasing Inc. (“West […]

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Control Alt Liability: The SCC Weighs in on Destroyed Evidence

rpllpadmin — Fri, 14 Aug 2026 14:30:54 +0000

By Aliyyah Khan The Supreme Court of Canada recently weighed in on a significant case involving SS&C Technologies Canada Corporation (SS&C) and the Bank of New York Mellon Corporation (BNY), delivering a unanimous decision that has important implications for how digital evidence is handled in litigation. The case, SS&C Technologies Canada Corp. v. Bank of […]

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