Rogers Partners LLP

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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Congratulations to Jessica Rost!

rpllpadmin — Wed, 03 Jun 2026 17:00:18 +0000

We are pleased to announce that Jessica Rost will be joining Rogers Partners LLP as an Associate following her call to the Ontario Bar later this month. Jessica recently completed her articling term with the firm, during which she became a valued member of our team. Working alongside lawyers across the firm, Jessica gained experience […]

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2026 Associates Appreciation Dinner

rpllpadmin — Sun, 24 May 2026 01:50:00 +0000

Our firm’s lawyers recently gathered for an Associates Appreciation Dinner hosted by our partner, Stephen Ross, and his wife, Patricia Ross, at their home. This special event provided an opportunity to connect outside the office, reflect on accomplishments, and recognize the dedication and hard work of our associates. In a warm and welcoming setting, we […]

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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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Stephen Ross Speaking at Anatomy of a Trial

rpllpadmin — Tue, 19 May 2026 09:57:59 +0000

We are pleased to share that Stephen Ross will be speaking at an upcoming conference, Anatomy of a Trial: Taking the Plunge into a Jury Trial, presented by the Ontario Bar Association on May 28 and 29, 2026 in Toronto. This highly anticipated program will feature a distinguished faculty of judges and experienced advocates examining […]

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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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