Rogers Partners LLP

The Rules They Are a-Changin’

rpllpadmin — Wed, 13 May 2026 17:34:27 +0000

By Mihail Salariu Over 60 years ago, in 1964, Bob Dylan wrote a folk song about social, cultural and generational change, warning that those who do not adapt to the new will be left behind. Though Mr. Dylan had loftier and more poetic changes in mind, and may even be a little upset to have […]

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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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Can a Comma Decide Coverage?

rpllpadmin — Thu, 26 Mar 2026 12:58:25 +0000

By Jaaron Pullenayegem Sometimes the difference between coverage and no coverage comes down to a single comma. Insurance policies often contain listed items with a trailing modifier at the end. However, disputes can arise in deciding whether the modifier at the end of a list applies to all of the listed items, or only the […]

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Testing the Evidence: A Defence Perspective on Civil Sexual Abuse Claims

rpllpadmin — Wed, 18 Mar 2026 18:32:10 +0000

By Isha Sharma Civil sexual abuse claims in Ontario present a distinct evidentiary challenge. Unlike most civil cases, which rely on documents or independent witnesses, these claims often turn primarily on the testimony of the plaintiff. The difficulty is compounded by the fact that many allegations surface years, sometimes decades, after the events in question. […]

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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 […]

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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 […]

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