Rogers Partners LLP https://www.rogerspartners.com Thu, 29 Oct 2026 17:30:55 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.25 “Legal Causation” Swept into the Dustbin in Favour of “Remoteness” https://www.rogerspartners.com/legal-causation-swept-into-the-dustbin-in-favour-of-remoteness/?utm_source=rss&utm_medium=rss&utm_campaign=legal-causation-swept-into-the-dustbin-in-favour-of-remoteness https://www.rogerspartners.com/legal-causation-swept-into-the-dustbin-in-favour-of-remoteness/#respond Thu, 29 Oct 2026 13:30:52 +0000 https://www.rogerspartners.com/?p=7869 By Megan Chan In Hemmings v. Padmore, 2026 SCC 34, the Supreme Court of Canada clarified and reaffirmed the principles relevant to the factual causation and remoteness inquiries, for claims in medical negligence, as well as negligence cases more broadly. Hemmings is a medical negligence case arising from an unfortunate cardiac arrest following anesthetic complications […]

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]]> https://www.rogerspartners.com/legal-causation-swept-into-the-dustbin-in-favour-of-remoteness/feed/ 0 Relevant and Proportional: A Case Analysis Surrounding Production of Documents in Litigation https://www.rogerspartners.com/relevant-and-proportional-a-case-analysis-surrounding-production-of-documents-in-litigation/?utm_source=rss&utm_medium=rss&utm_campaign=relevant-and-proportional-a-case-analysis-surrounding-production-of-documents-in-litigation https://www.rogerspartners.com/relevant-and-proportional-a-case-analysis-surrounding-production-of-documents-in-litigation/#respond Thu, 22 Oct 2026 13:42:13 +0000 https://www.rogerspartners.com/?p=7866 By Kathryn Orydzuk Background The Ontario Superior Court of Justice released an Endorsement in George W. Corporation v. Gomma, 2026 ONSC 5811 on October 14, 2026, in relation to a motion brought by the plaintiffs for the production of further disclosure and a further and better affidavit of documents. In the broader litigation, the plaintiff […]

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]]> https://www.rogerspartners.com/relevant-and-proportional-a-case-analysis-surrounding-production-of-documents-in-litigation/feed/ 0 Fridays with Rogers Partners https://www.rogerspartners.com/fridays-with-rogers-partners-153/?utm_source=rss&utm_medium=rss&utm_campaign=fridays-with-rogers-partners-153 https://www.rogerspartners.com/fridays-with-rogers-partners-153/#respond Fri, 16 Oct 2026 12:33:00 +0000 https://www.rogerspartners.com/?p=7864 At our weekly meeting, Kate Ferguson discussed the recent decision from the Ontario Court of Appeal in Jakupovic v. Intact Insurance Company, 2026 ONCA 651. Facts The plaintiff was involved in a motor vehicle accident on February 13, 2019. The following day, he notified his automobile insurer, Intact, of the accident but did not indicate […]

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]]> https://www.rogerspartners.com/fridays-with-rogers-partners-153/feed/ 0 Replacement‑Cost Coverage and the Challenges of Summary Judgment https://www.rogerspartners.com/replacement%e2%80%91cost-coverage-and-the-challenges-of-summary-judgment/?utm_source=rss&utm_medium=rss&utm_campaign=replacement%25e2%2580%2591cost-coverage-and-the-challenges-of-summary-judgment https://www.rogerspartners.com/replacement%e2%80%91cost-coverage-and-the-challenges-of-summary-judgment/#respond Wed, 14 Oct 2026 22:29:46 +0000 https://www.rogerspartners.com/?p=7861 By Jordan Petruska In Dutremble et al. v. Heartland Farm Mutual Inc., 2026 ONSC 5741, a motion for summary judgment and for leave to amend a Statement of Claim was brought by insured homeowners whose home was destroyed by fire during the early months of the Covid‑19 pandemic. The plaintiffs alleged the defendant insurer, Heartland […]

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]]> https://www.rogerspartners.com/replacement%e2%80%91cost-coverage-and-the-challenges-of-summary-judgment/feed/ 0 Ontario’s Uninsured Vehicle Tort Bar: “I Owned It” is Not the End of the Story https://www.rogerspartners.com/ontarios-uninsured-vehicle-tort-bar-i-owned-it-is-not-the-end-of-the-story/?utm_source=rss&utm_medium=rss&utm_campaign=ontarios-uninsured-vehicle-tort-bar-i-owned-it-is-not-the-end-of-the-story https://www.rogerspartners.com/ontarios-uninsured-vehicle-tort-bar-i-owned-it-is-not-the-end-of-the-story/#respond Wed, 07 Oct 2026 22:39:08 +0000 https://www.rogerspartners.com/?p=7859 By Jessica Rost Under Section 267.6(1) of the Insurance Act, a tort claim by the owner of a motor vehicle may be barred if he or she does not have insurance on the vehicle at the time of the incident, in contravention of s.2(1) of the Compulsory Automobile Insurance Act. The recent decision in Bennett […]

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]]> https://www.rogerspartners.com/ontarios-uninsured-vehicle-tort-bar-i-owned-it-is-not-the-end-of-the-story/feed/ 0 Fridays with Rogers Partners https://www.rogerspartners.com/fridays-with-rogers-partners-152/?utm_source=rss&utm_medium=rss&utm_campaign=fridays-with-rogers-partners-152 https://www.rogerspartners.com/fridays-with-rogers-partners-152/#respond Fri, 25 Sep 2026 22:09:00 +0000 https://www.rogerspartners.com/?p=7856 At our weekly meeting, Jack Haddad discussed the recent decision in Knauff v. Ontario (Human Rights Tribunal), 2026 ONCA 653, in which a five-justice panel at the Court of Appeal for Ontario was asked to reconsider the test to grant leave to appeal a decision of the Divisional Court from the 1972 decision in Re […]

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]]> https://www.rogerspartners.com/fridays-with-rogers-partners-152/feed/ 0 When the Clock Keeps Resetting: Limitations and Continuing Nuisance in Karagan v. Seemann https://www.rogerspartners.com/when-the-clock-keeps-resetting-limitations-and-continuing-nuisance-in-karagan-v-seemann/?utm_source=rss&utm_medium=rss&utm_campaign=when-the-clock-keeps-resetting-limitations-and-continuing-nuisance-in-karagan-v-seemann https://www.rogerspartners.com/when-the-clock-keeps-resetting-limitations-and-continuing-nuisance-in-karagan-v-seemann/#respond Thu, 24 Sep 2026 09:47:25 +0000 https://www.rogerspartners.com/?p=7853 By Jaaron Pullenayegem When a claim arrives more than a decade late, a motion to dismiss based on the limitation period’s expiry can look like a clean route to resolution. The decision in Karagan v. Seemann, 2026 ONSC 5278, shows why that path may be less clear when the claim is framed in nuisance. On […]

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]]> https://www.rogerspartners.com/when-the-clock-keeps-resetting-limitations-and-continuing-nuisance-in-karagan-v-seemann/feed/ 0 When Time Becomes Evidence: Delay and Prejudice in Civil Sexual Abuse Litigation https://www.rogerspartners.com/when-time-becomes-evidence-delay-and-prejudice-in-civil-sexual-abuse-litigation/?utm_source=rss&utm_medium=rss&utm_campaign=when-time-becomes-evidence-delay-and-prejudice-in-civil-sexual-abuse-litigation https://www.rogerspartners.com/when-time-becomes-evidence-delay-and-prejudice-in-civil-sexual-abuse-litigation/#respond Mon, 21 Sep 2026 13:18:26 +0000 https://www.rogerspartners.com/?p=7851 By Isha Sharma For survivors of sexual abuse, coming forward can take years or even decades. Trauma, fear, shame, and the circumstances surrounding the abuse may make it difficult to speak about what happened, let alone begin a lawsuit. Ontario law recognizes these realities. Under the Limitations Act, 2002, there is no limitation period for […]

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]]> https://www.rogerspartners.com/when-time-becomes-evidence-delay-and-prejudice-in-civil-sexual-abuse-litigation/feed/ 0 Fridays with Rogers Partners https://www.rogerspartners.com/fridays-with-rogers-partners-151/?utm_source=rss&utm_medium=rss&utm_campaign=fridays-with-rogers-partners-151 https://www.rogerspartners.com/fridays-with-rogers-partners-151/#respond Fri, 18 Sep 2026 12:52:00 +0000 https://www.rogerspartners.com/?p=7849 At our weekly meeting, Kate Ferguson discussed the recent decision from the Ontario Superior Court of Justice in Aviva Insurance Company of Canada v. Cahill, Litigation Administrator of the Estate of Paul Manzon, 2026 ONSC 4975. Facts This application was commenced by Aviva to determine if it had an obligation to defend and indemnify its […]

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]]> https://www.rogerspartners.com/fridays-with-rogers-partners-151/feed/ 0 Fridays with Rogers Partners https://www.rogerspartners.com/fridays-with-rogers-partners-150/?utm_source=rss&utm_medium=rss&utm_campaign=fridays-with-rogers-partners-150 https://www.rogerspartners.com/fridays-with-rogers-partners-150/#respond Fri, 11 Sep 2026 11:17:00 +0000 https://www.rogerspartners.com/?p=7847 At our weekly meeting, Amanda Chiu discussed the recent decision of the Ontario Court of Appeal in Green Rise Foods Inc. v. N.V. Hagelunie, 2026 ONCA 334. The decision provides important guidance on “proximate cause” in insurance coverage disputes, particularly where multiple events contribute to a single loss and the application of coverage exclusions depends on how […]

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