Case Updates – Rogers Partners LLP

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 […]

The post The Protection of a Jury Notice and the Limits of Rule 76 appeared first on Rogers Partners LLP.

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 […]

The post Indemnity Runs Through the Underlying Litigation, Not Around It: A Cautionary Reminder on Timing of Coverage Determinations appeared first on Rogers Partners LLP.

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 […]

The post Vicarious Liability of Homeowners in Dog Bite Cases appeared first on Rogers Partners LLP.

Deemed Waiver: Protecting Your Solicitor-Client Privilege

rpllpadmin — Thu, 12 Mar 2026 23:04:36 +0000

By Heera Elize Sen Solicitor-client privilege is one of the most sacrosanct principles of our legal system. It is a principle of fundamental justice that enables clients to speak candidly with their lawyers, secure in the knowledge that those communications will remain confidential. While robust and a substantive right, the privilege is not absolute—courts have […]

The post Deemed Waiver: Protecting Your Solicitor-Client Privilege appeared first on Rogers Partners LLP.

Slipping into Irrelevance: The Ontario Court of Appeal Provides Further Clarification on the Admissibility of Expert Evidence in Jury Trials

rpllpadmin — Thu, 05 Mar 2026 14:04:20 +0000

By Edmund Nilson In Pederson v. Forget, 2026 ONCA 118, the Ontario Court of Appeal provided further guidance on the admissibility of expert evidence in jury trials. The Court also provided insight into when a trial judge’s exclusion of evidence constitutes a “miscarriage of justice.” Factual Background This case was an appeal from a negligence […]

The post Slipping into Irrelevance: The Ontario Court of Appeal Provides Further Clarification on the Admissibility of Expert Evidence in Jury Trials appeared first on Rogers Partners LLP.

The Partial Summary Judgment Conundrum: The Shrinking Utility of Partial Summary Judgment Motions

rpllpadmin — Wed, 25 Feb 2026 22:30:06 +0000

By Cameron Allan In Kotsopoulos v. Toronto (City), 2026 ONCA 121, the Ontario Court of Appeal provides further insight on the limited availability of partial summary judgement motions. The Court also highlights the obligations of parties opposing partial summary judgment to raise issues with partial summary judgment at the earliest stage possible. Factual Background: Ms. […]

The post The Partial Summary Judgment Conundrum: The Shrinking Utility of Partial Summary Judgment Motions appeared first on Rogers Partners LLP.

Supreme Court Clarifies Interplay Between Coverage Extending Endorsements and Policy Exclusions in Homeowners Policies

rpllpadmin — Wed, 18 Feb 2026 21:15:18 +0000

By Aliyyah Khan When disaster strikes, homeowners expect their insurance policies to provide a safety net. But what happens when rebuilding a house means facing not just the cost of construction, but also the price tag of complying with additional conservation regulations? The Supreme Court of Canada’s recent decision in Emond v. Trillium Mutual Insurance […]

The post Supreme Court Clarifies Interplay Between Coverage Extending Endorsements and Policy Exclusions in Homeowners Policies appeared first on Rogers Partners LLP.

Exceptional Remedies for an Exceptional Circumstance

rpllpadmin — Wed, 28 Jan 2026 22:34:16 +0000

By Zoe Panday The ability of a party to choose counsel to represent them in litigation is a fundamental element of the legal system. However, while rarely engaged, courts in Ontario have inherent jurisdiction to remove lawyers or law firms from the record. Honourable Justice Valente had to grapple with these principles in the recent […]

The post Exceptional Remedies for an Exceptional Circumstance appeared first on Rogers Partners LLP.

The Toll of the Tough Road

rpllpadmin — Wed, 14 Jan 2026 18:51:31 +0000

By Shannon Mascarenhas It is well known that in Ontario, the Superior Court of Justice holds broad discretion when awarding costs.[1] In exercising this discretion, the court may consider, in addition to the result of the hearing, a range of factors including offers to settle, the principles of indemnity, the amount an unsuccessful party could […]

The post The Toll of the Tough Road appeared first on Rogers Partners LLP.

Point Your Finger When You Plead: Causes of Action Struck for Failing to Articulate Basis for Claims

rpllpadmin — Thu, 08 Jan 2026 00:02:29 +0000

By Shane Marston Overview The Court of Appeal released its decision in Derenzis v. Ontario, 2025 ONCA 893, on December 24, 2025. The decision is a reminder that pleadings must set out the material facts linking specific defendants to recognized causes of action. Generalized and abstract allegations or legal conclusions may not survive a motion […]

The post Point Your Finger When You Plead: Causes of Action Struck for Failing to Articulate Basis for Claims appeared first on Rogers Partners LLP.