Case Updates – Rogers Partners LLP

Bifurcation: Another Tool in the Toolbelt

rpllpadmin — Wed, 15 Jul 2026 21:49:22 +0000

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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No Witness Affidavit? If your trial is under Simplified Procedure, you might have a problem

rpllpadmin — Thu, 02 Jul 2026 15:36:04 +0000

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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Rolling in the Diep: When an Automobile Accident isn’t an Automobile Claim

rpllpadmin — Wed, 24 Jun 2026 18:41:16 +0000

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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From Axe to Scalpel: Ontario Court of Appeal Overrules the Handley Estate Rule

rpllpadmin — Wed, 03 Jun 2026 21:41:10 +0000

By Sarah Sevier In a significant decision for Ontario litigants, the Ontario Court of Appeal, sitting as a five-member panel, overturned the Handley Estate Rule in 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352, restoring the application of the ordinary abuse of process principles to cases involving the non-disclosure of partial […]

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The Gatekeeper Never Leaves: Expert Evidence Revisited Mid-Trial

rpllpadmin — Wed, 20 May 2026 22:02:58 +0000

By Miranda Lacalamita In the recent decision in Wallis v. Wawanesa Mutual Insurance Company, 2026 ONSC 2636, the Ontario Superior Court of Justice revisited its earlier decision to qualify a treating psychologist as a litigation expert mid-trial. The decision is an important reminder that the trial judge’s gatekeeping role does not end once an expert […]

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Medical Expert Evidence Gone Wrong

rpllpadmin — Wed, 29 Apr 2026 22:24:50 +0000

By Megan Chan In medical malpractice actions against physicians, a mere error of judgment will not be sufficient to yield damages in tort. Physicians may have differing opinions on treatment. If the error could be made while working within the standards of ordinary care, the error will not constitute negligence. An unfortunate outcome is not […]

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Don’t Let a Narrow Definition Backfire on You: Why Unusual Events Can Still Count as Accidents Under the SABS

rpllpadmin — Mon, 27 Apr 2026 13:09:55 +0000

By Laura Bruce The Licence Appeal Tribunal recently released a decision that offers insight into when uncommon events, despite their rarity, still qualify as accidents under the Statutory Accident Benefits Schedule. In Sala v. Aviva Insurance Company of Canada, 2025 ONLAT 23-011234/AABS, the claimant applied to his insurer, Aviva, for accident benefits stemming from what […]

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The Protection of a Jury Notice and the Limits of Rule 76

rpllpadmin — Wed, 15 Apr 2026 16:24:13 +0000

By Jordan Petruska In Emamnazar v. Reid, 2026 ONSC 2062, The Court considered a plaintiff’s motion to amend their Statement of Claim to reduce damages to $200,000 and proceed under Rule 76 (Simplified Procedure), while also seeking to strike the defendant’s long‑standing Jury Notice. The Court’s decision highlights how procedural choices, which are often made […]

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Indemnity Runs Through the Underlying Litigation, Not Around It: A Cautionary Reminder on Timing of Coverage Determinations

rpllpadmin — Thu, 09 Apr 2026 18:21:41 +0000

By Jordan Kazan Baigrie The Ontario Superior Court of Justice’s recent decision in Krandel v. CPA Professional Liability Plan Inc., 2026 ONSC 262, provides a practical reminder for insurers: attempts to secure early determination of indemnity obligations may fail where the analysis is intertwined with disputed facts in the underlying litigation. Background The action arose from claims […]

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Vicarious Liability of Homeowners in Dog Bite Cases

rpllpadmin — Wed, 01 Apr 2026 22:51:25 +0000

By Jeffrey Allen In the recent Court of Appeal for Ontario decision, Hartin v. Hynes, the Court considered the liability of the owner of a home where a dog bite incident occurred.[1] Background The appellant, Tamara Hartin, suffered significant injuries after being bitten by a dog while visiting a home owned by one of the […]

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