Case Updates – Rogers Partners LLP https://www.rogerspartners.com Thu, 10 Sep 2026 02:40:47 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.21 The Constitutional Limits of Privative Clauses https://www.rogerspartners.com/the-constitutional-limits-of-privative-clauses/?utm_source=rss&utm_medium=rss&utm_campaign=the-constitutional-limits-of-privative-clauses https://www.rogerspartners.com/the-constitutional-limits-of-privative-clauses/#respond Wed, 09 Sep 2026 22:40:46 +0000 https://www.rogerspartners.com/?p=7842 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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]]> https://www.rogerspartners.com/the-constitutional-limits-of-privative-clauses/feed/ 0 The Roots of Our Discontent: A Recent Ontario Court of Appeal Case Sheds New Light on Causation Analysis https://www.rogerspartners.com/the-roots-of-our-discontent-a-recent-ontario-court-of-appeal-case-sheds-new-light-on-causation-analysis/?utm_source=rss&utm_medium=rss&utm_campaign=the-roots-of-our-discontent-a-recent-ontario-court-of-appeal-case-sheds-new-light-on-causation-analysis https://www.rogerspartners.com/the-roots-of-our-discontent-a-recent-ontario-court-of-appeal-case-sheds-new-light-on-causation-analysis/#respond Wed, 02 Sep 2026 22:26:04 +0000 https://www.rogerspartners.com/?p=7830 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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]]> https://www.rogerspartners.com/the-roots-of-our-discontent-a-recent-ontario-court-of-appeal-case-sheds-new-light-on-causation-analysis/feed/ 0 Fridays with Rogers Partners https://www.rogerspartners.com/fridays-with-rogers-partners-148/?utm_source=rss&utm_medium=rss&utm_campaign=fridays-with-rogers-partners-148 https://www.rogerspartners.com/fridays-with-rogers-partners-148/#respond Fri, 28 Aug 2026 22:24:00 +0000 https://www.rogerspartners.com/?p=7828 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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]]> https://www.rogerspartners.com/fridays-with-rogers-partners-148/feed/ 0 Should I Stay an Arbitration or Should I Go https://www.rogerspartners.com/should-i-stay-an-arbitration-or-should-i-go/?utm_source=rss&utm_medium=rss&utm_campaign=should-i-stay-an-arbitration-or-should-i-go https://www.rogerspartners.com/should-i-stay-an-arbitration-or-should-i-go/#respond Wed, 26 Aug 2026 23:05:55 +0000 https://www.rogerspartners.com/?p=7823 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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]]> https://www.rogerspartners.com/should-i-stay-an-arbitration-or-should-i-go/feed/ 0 Fridays with Rogers Partners https://www.rogerspartners.com/fridays-with-rogers-partners-147/?utm_source=rss&utm_medium=rss&utm_campaign=fridays-with-rogers-partners-147 https://www.rogerspartners.com/fridays-with-rogers-partners-147/#respond Fri, 14 Aug 2026 15:26:03 +0000 https://www.rogerspartners.com/?p=7815 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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]]> https://www.rogerspartners.com/fridays-with-rogers-partners-147/feed/ 0 Control Alt Liability: The SCC Weighs in on Destroyed Evidence https://www.rogerspartners.com/control-alt-liability-the-scc-weighs-in-on-destroyed-evidence/?utm_source=rss&utm_medium=rss&utm_campaign=control-alt-liability-the-scc-weighs-in-on-destroyed-evidence https://www.rogerspartners.com/control-alt-liability-the-scc-weighs-in-on-destroyed-evidence/#respond Fri, 14 Aug 2026 14:30:54 +0000 https://www.rogerspartners.com/?p=7813 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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]]> https://www.rogerspartners.com/control-alt-liability-the-scc-weighs-in-on-destroyed-evidence/feed/ 0 Field of “Beams”: Court Denies Claim of Plaintiff Blinded By the Light During Rec-League Softball Game https://www.rogerspartners.com/field-of-beams-court-denies-claim-of-plaintiff-blinded-by-the-light-during-rec-league-softball-game/?utm_source=rss&utm_medium=rss&utm_campaign=field-of-beams-court-denies-claim-of-plaintiff-blinded-by-the-light-during-rec-league-softball-game https://www.rogerspartners.com/field-of-beams-court-denies-claim-of-plaintiff-blinded-by-the-light-during-rec-league-softball-game/#respond Sat, 25 Jul 2026 15:58:10 +0000 https://www.rogerspartners.com/?p=7791 By Michael Kryworuk In May 2026, Justice Mark L. Edwards released his decision in Kolsen v. The Corporation of the Town of New Tecumseth et al, 2026 ONSC 2729. This decision concerned the trial of a matter whereby the plaintiff was struck in the eye by a baseball while playing in an adult recreational league. […]

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]]> https://www.rogerspartners.com/field-of-beams-court-denies-claim-of-plaintiff-blinded-by-the-light-during-rec-league-softball-game/feed/ 0 Bifurcation: Another Tool in the Toolbelt https://www.rogerspartners.com/bifurcation-another-tool-in-the-toolbelt/?utm_source=rss&utm_medium=rss&utm_campaign=bifurcation-another-tool-in-the-toolbelt https://www.rogerspartners.com/bifurcation-another-tool-in-the-toolbelt/#respond Wed, 15 Jul 2026 21:49:22 +0000 https://www.rogerspartners.com/?p=7779 By Zoe Panday Often in our practice, we are seeking to manage complex proceedings where multiple claims are issued relating to the same loss. Actions can move at different paces and face different procedural hurdles. Both counsel and the court are tasked with addressing these issues with a view to preventing inconsistent results and reducing […]

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]]> https://www.rogerspartners.com/bifurcation-another-tool-in-the-toolbelt/feed/ 0 No Witness Affidavit? If your trial is under Simplified Procedure, you might have a problem https://www.rogerspartners.com/no-witness-affidavit-if-your-trial-is-under-simplified-procedure-you-might-have-a-problem/?utm_source=rss&utm_medium=rss&utm_campaign=no-witness-affidavit-if-your-trial-is-under-simplified-procedure-you-might-have-a-problem https://www.rogerspartners.com/no-witness-affidavit-if-your-trial-is-under-simplified-procedure-you-might-have-a-problem/#respond Thu, 02 Jul 2026 15:36:04 +0000 https://www.rogerspartners.com/?p=7775 By Susan McKelvey A recent Endorsement by Associate Justice Rappos following a case conference in Gray v Liontos,[1] exposes a potential problem for matters proceeding to a Summary Trial under Rule 76.12 of the Rules of Civil Procedure. Specifically, where a witness is not cooperative in providing their evidence via affidavit, Rule 76 does not […]

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]]> https://www.rogerspartners.com/no-witness-affidavit-if-your-trial-is-under-simplified-procedure-you-might-have-a-problem/feed/ 0 Rolling in the Diep: When an Automobile Accident isn’t an Automobile Claim https://www.rogerspartners.com/rolling-in-the-diep-when-an-automobile-accident-isnt-an-automobile-claim/?utm_source=rss&utm_medium=rss&utm_campaign=rolling-in-the-diep-when-an-automobile-accident-isnt-an-automobile-claim https://www.rogerspartners.com/rolling-in-the-diep-when-an-automobile-accident-isnt-an-automobile-claim/#respond Wed, 24 Jun 2026 18:41:16 +0000 https://www.rogerspartners.com/?p=7768 By Shannon Mascarenhas Lawyers often find themselves litigating the meaning of a handful of simple words. To non-lawyers, these disputes can appear unnecessarily academic. However, when the same incident can be found to arise from the “use or operation of an automobile” for the purposes of entitlement to statutory accident benefits, yet not constitute an […]

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