Rogers Partners LLP https://www.rogerspartners.com Thu, 10 Sep 2026 03:13:56 +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 Stephen Ross and Shane Marston Successful at Court of Appeal https://www.rogerspartners.com/stephen-ross-and-shane-marston-successful-at-court-of-appeal/?utm_source=rss&utm_medium=rss&utm_campaign=stephen-ross-and-shane-marston-successful-at-court-of-appeal https://www.rogerspartners.com/stephen-ross-and-shane-marston-successful-at-court-of-appeal/#respond Wed, 09 Sep 2026 13:15:02 +0000 https://www.rogerspartners.com/?p=7838 The Ontario Court of Appeal released a decision today in the case of Leendertse v. Ontario, 2026 ONCA 629. Stephen Ross and Shane Marston of Rogers Partners LLP were counsel for the respondent. The action arose out of an accident involving a police vehicle and a bicyclist. Our firm represented the defendant at trial, where […]

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]]> https://www.rogerspartners.com/stephen-ross-and-shane-marston-successful-at-court-of-appeal/feed/ 0 Fridays with Rogers Partners https://www.rogerspartners.com/fridays-with-rogers-partners-149/?utm_source=rss&utm_medium=rss&utm_campaign=fridays-with-rogers-partners-149 https://www.rogerspartners.com/fridays-with-rogers-partners-149/#respond Fri, 04 Sep 2026 23:12:00 +0000 https://www.rogerspartners.com/?p=7844 At our weekly meeting, Nathan Ching discussed the recent decision of the Ontario Superior Court of Justice in Johnson v. Rajanna et al, 2026 ONSC 4875. In this recent decision, the court affirmed various principles of Rule 49 settlement offers, including when an opposing party can rely on the apparent authority of counsel to accept […]

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]]> https://www.rogerspartners.com/fridays-with-rogers-partners-149/feed/ 0 Rogers Partners Lawyers Recognized in The Best Lawyers in Canada https://www.rogerspartners.com/rogers-partners-lawyers-recognized-in-the-best-lawyers-in-canada/?utm_source=rss&utm_medium=rss&utm_campaign=rogers-partners-lawyers-recognized-in-the-best-lawyers-in-canada https://www.rogerspartners.com/rogers-partners-lawyers-recognized-in-the-best-lawyers-in-canada/#respond Thu, 03 Sep 2026 01:28:17 +0000 https://www.rogerspartners.com/?p=7832 We are proud to announce that five Rogers Partners lawyers have been recognized in the 2027 edition of The Best Lawyers in Canada™. Congratulations to Stephen Ross, Kevin Adams, Anita Varjacic, Brian Sunohara, and David Rogers. This peer-reviewed recognition reflects their commitment to excellence, professionalism, and outstanding client service — qualities that are shared across […]

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]]> https://www.rogerspartners.com/rogers-partners-lawyers-recognized-in-the-best-lawyers-in-canada/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 The Interests of Justice Prevail: Rule 53.08 and Admitting Evidence with Leave https://www.rogerspartners.com/the-interests-of-justice-prevail-rule-53-08-admitting-evidence-with-leave/?utm_source=rss&utm_medium=rss&utm_campaign=the-interests-of-justice-prevail-rule-53-08-admitting-evidence-with-leave https://www.rogerspartners.com/the-interests-of-justice-prevail-rule-53-08-admitting-evidence-with-leave/#respond Fri, 21 Aug 2026 15:38:41 +0000 https://www.rogerspartners.com/?p=7818 By Angie Ortiz-Romero In a medical malpractice action, Donna Pelrine, by her Estate Trustee James Pelrine et al. v. Chung et al., 2026 ONSC 4362 (CanLII), Dr. Pin Chung requested leave under Rule 53.08 of the Rules of Civil Procedure, to admit into evidence three late served expert reports, which included a standard of care […]

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]]> https://www.rogerspartners.com/the-interests-of-justice-prevail-rule-53-08-admitting-evidence-with-leave/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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