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Resources

Many of our lawyers are regularly published in legal journals, and we frequently provide our clients with important updates on the law and general advice on emerging legal issues that are important to them. Browse through our resources below.

In|Sight - Rogers Partners Newsletter

Insurance Law

Additional Insureds: What Does “Arising Out of the Operations” Mean?

UK Test Case on Business Interruption Coverage

$21 Million in Interest Awarded in Insurance Dispute

COVID-19: The Ultimate Business Interrupter

Assumption of Defence: Seven Points to Consider

Rights and Remedies Between Primary and Excess Insurers

Relevancy of Reserves

What is an “Accident”: The Story of a Muddled Definition

Interpreting Exclusion Clauses in Insurance Policies

What is a Household?

Allocation of Defence Costs Among Insurers

Limitation Period for Duty to Defend Applications

Striking Claims Against Insurance Adjusters

When Can an Insurance Policy Breach Be Forgiven?

Automated Vehicles and the Future of Automobile Insurance in Ontario

Winds of Change Blowing for the Insurance Industry

The Collateral Benefits/Tort Interface

PowerPoint – Tort/Collateral Benefits

Subrogating in the Name of Bankrupt Insureds

The Duty to Disclose Material Changes in Risk

Settling Over the Limits Auto Claims

Two Impactful Court of Appeal Decisions Affecting Auto Claims

Important Insights for Commercial Defendants in Slip and Fall Claims

The MIG is Unconstitutional? A Surprising FSCO Decision

The Nature of the Force Matters: A Priority Dispute and the Transmission of Force

Still No Loss Transfer for Non-Colliding Vehicles

Partial Settlement Agreements: Practical Realities

Hoang v. Vincentini: The “Conflict” Between Insurer and Insured

Third Party Liability Coverage in Automobile Insurance Context: Key Concepts and Practical Strategies

Bill 18 – Priority and Liability of Rental Companies’ Insurance Policies

Bill 18 – Changes affecting vicarious liability for lessors and the priority of third party liability in car rental situations

Relationship Between Brokers, Insureds and Insurers

Following the Trail of a Missing Policy

Coverage, Causation and Remoteness: A Careful Analysis Before the Question Becomes Simply “How Much?””

Motor Vehicle Coverage Disputes – Bullets, Boulders and Booze: Is Everything Covered? (paper)

Motor Vehicle Coverage Disputes – Bullets, Boulders and Booze: Is Everything Covered? (presentation)

Accidents – A Legal Mishap in Disability Insurance

Tort Law

Supreme Court’s Clarification of the Availability of Damages in Tort for Pure Economic Loss

Immunity From COVID Claims?

An Update on Tort Immunity Under the Crown Liability and Proceedings Act

Trampoline Injury: Defendant’s Motion to Enforce Waiver Dismissed

House Construction: The Duties of Contractors and Municipal Building Inspectors

The Latest Ruling on Social Host Liability

Can a Dog Owner Be Liable to a Dog Walker?

The Rights of an Unborn Child

Broad Findings of Systemic Negligence and Institutional Abuse

What Does it Mean to Be a “Reasonable” Parent?

Vicious Hockey Hit Costs Player $700,000

Defending Claims in Ontario

Defendant Liable for Plaintiff Jumping Out of Bus

Will Failure to Admit Liability in a Timely Manner Give Rise to Punitive Damages?

Taking Away the Plaintiff’s Right to Sue

Ex Turpi Causa and an Insurer’s Anti-Fraud Initiative

The Dangers of Drinking and Driving

Vacuum Return Gone Wrong: The Duty of an Occupier

Limitation Period for Claims for Contribution and Indemnity – The Ever Unsettled State of the Law

Distracted Winter Driving

The Risks of Social Hosting: Wardak v. Froom

Liability for Oil Spills

Crafting the Perfect Rule 49 Offer

Case Dismissed: Defendant Not Liable in Left Turn Car Accident

When an Expert Goes Too Far

When Will a Landowner or Tenant Have Legal Responsibility for an Accident on Adjacent Lands?

The Latest Word from the Supreme Court on Mental Injuries

Teen Steals Car and Sues for Injuries

When is an Occupier’s Liability Case Ripe for Summary Judgement?

Fidler v. Sunlife: The S.C.C. on Aggravated and Punitive Damages

Social Host Liability: Where are we now – A Commentary on Childs v. Desormeaux

Mustapha v. Culligan and Psychiatric Illness (Nervous Shock) Cases

A Framework for Assessing Vicarious Liability

Issues in Ontario Auto Insurance

SABS and SABS-Related Commentaries

S.M. v. Unica Insurance Inc. – A Welcomed Clarification on Special Awards

Entitlement to Medical Cannabis in an Accident Benefits Context: P.A. v. TD General Insurance Company

Chronic Pain and the MIG

Extra-Provincial Application of Ontario’s Priority Scheme

Special Awards at the LAT – An Upward Trend

Tea Time Gone Wrong: Spilled Tea in Car Not an Automobile Accident

Errors on “Incurred” Expenses: New Trial Ordered in SABS Claim

The Uncertainty Surrounding the Extension of Limitation Periods at the LAT

Bad Faith and Statutory Accident Benefits

Causation in SABS Claims: The Proper Test

Notice to Claimants in Priority Disputes

Loss Transfer and the Effects of Side Agreements

LAT – 2 Years Later

From Augustin to the LAT: The Need to Provide Proper Notice in the Denial of Medical/Rehabilitation Benefits

MVACF and Barnes: “Incurred” Attendant Care Amendment Applies to Current Claims

The MIG is Unconstitutional? A Surprising FSCO Decision

The Nature of the Force Matters: A Priority Dispute and the Transmission of Force

Dominion v. Optimum: Accident Benefits Coverage and ‘Comprehensive Only’ Policies

Economical v. Northbridge: Multiple Loss Transfer Deductibles Permitted

Hot Loss Transfer Issues – What’s New in the Loss Transfer World? – February 2016 (paper)

Hot Loss Transfer Issues – What’s New in the Loss Transfer World? – February 2016 (presentation)

The Application of Laches in Loss Transfer

Changes to SABS: O.Reg 347/13 – November 2015

State Farm v. Old Republic: Loss Transfer and the FDRs

Scarlett v. Belair Insurance: A Case on the Minor Injury Guidelines

Recent Amendment to SABS – December 2014

Loss Transfer: Principles and Best Practices

Ask the Experts – Duty to Mitigate Under SABS

Occupiers’ Liability, the Duty of Care and Available Defences

Cross Border Issues

WSIB and Tort/WSIB Interface Issues

Civil Procedure and Advocacy

Court Declines to Rule on Effect of Suspension of Limitation Periods

Subsequent Discovery of Severity of Injuries and Limitation Periods

“Wait and See”: Court Says Jury Notices Should Not Be Prematurely Struck

Hypothetical Questions on Discovery

Court of Appeal Upholds Striking of Jury Due to Inaccurate Trial Duration Estimate and Late Disclosure

Ontario Court of Appeal Weighs in on Jury Notices in the Context of the COVID-19 Pandemic

The Beginning of the End? What Recent Decisions Could Mean for Jury Trials in Ontario

The End of Civil Jury Trials? Jury Notice Struck Due to COVID-19

When Less is More: ONCA Denies Request for Factum to Exceed 30 Pages

The Latest on Disclosure of Adverse Costs Insurance

Access to Justice & Summary Judgment Post-Pandemic

Practical Tips for Conducting Virtual Discoveries

Bifurcated Trial, Bifurcated Offers, and Bifurcated Costs

The Latest on Virtual Commissioning

Discovery Ordered to Proceed by Videoconference or Not at All

Test for Further Discovery After Setting Action Down for Trial

Plaintiff Who Collapses at Trial Responsible for Costs Thrown Away

Ontario Court of Appeal Addresses Important Trial Practice Issues

A Caution on Misnomer

Offer of Without Costs Dismissal: Defendant Did Not Play Hardball

Virtual Commissioning in the Era of COVID-19

What is the Collateral Fact Rule?

Changes to Simplified Procedure

Communication with Treating Healthcare Practitioners

Costs Issues from Trial

The Effect of Increasing the Small Claims Court Limit

Surveillance and Social Media Evidence

Discovery Rights at Small Claims Court

Four Issues From Recent Jury Trial

Counsel’s Role in Preventing Humiliated Experts

The Use of Surveillance at Trial – Abridged Version

The Use of Surveillance at Trial

A Primer on Hearsay

Lawyers’ Professional Duties

Expert Opinions: What Needs To Be Disclosed?

Closing Addresses in Jury Trials

Top Tips for Conducting an Examination-in-Chief of an Expert Witness

Lessons from Gopie v. Ramcharran: A Case Comment and Review of Issues on Appeal in Civil Jury Trials

The Pitfalls of Adverse Cost Protection

Limitation Period for Claims for Contribution and Indemnity – The Ever Unsettled State of the Law

Crafting the Perfect Rule 49 Offer

Managing Occupier’s Liability Claims Efficiently, Effectively & Expeditiously

A Real Culture Shift Post-Hryniak? (paper)

A Real Culture Shift Post-Hryniak? (presentation)

Moore v. Getahun: Advocates and Experts, the Evidentiary Paradox

Oral Advocacy: Tips and Techniques

Preparing for Trial

Case Commentaries and Further Materials

Who is the Ontario Patient Ombudsman?

Class Actions and an Increasingly Litigious Ontario

Supreme Court of Canada Clarifies Test for Anti-SLAPP Motions

Suspension of Limitation Period Due to Incapacity

Early Investigation & Preservation of Evidence in Personal Injury Claims

Charter Breaches Against G20 Protester Lead to $500 in Damages

COVID-19 and Contracts

The Third Time is a Charm – Or Is It?

Volatile Class Representative Removed

Delay – The Next Big Thing Since Jordan?

Standard of Review of Administrative Decisions: How the Supreme Court’s New Decision Applies in Ontario

2019 Legal Highlights

Subway’s “50% Chicken” Lawsuit Against CBC Dismissed

Monitoring Commercial Drivers

Life Insurance and Mental Health

Endean v. St. Joseph’s Hospital (ONCA): A Contextual Approach to Partial Settlement Agreements

Catalyst Capital Group Inc. v. VimpelCom Ltd.:  A Consideration of “Obiter” and Obiter Commentary on Appellate Review

Mould in Condo Unit: Who’s Responsible?

Partial Summary Judgment – An Option No More?

School Boards, Teachers, and Student Fights

Lessons from Gopie v. Ramcharran: A Case Comment and Review of Issues on Appeal in Civil Jury Trials

Claims Against Educational Institutions – It’s Not Just Academic Anymore

Liability Admissions in Sexual Abuse Claims

Settlement: Attention to Details

Human Rights: Investigating Discrimination

Denying Disability Benefits: Good Faith and the Limitation Period

Breaches of Privacy in the Health Care System

The Risks of Social Hosting: Wardak v. Froom

Contractual Disputes: Is That the Final Answer?

What is the Standard of Review for Contracts?

Dominion v. Optimum: Accident Benefits Coverage and ‘Comprehensive Only’ Policies

Economical v. Northbridge: Multiple Loss Transfer Deductibles Permitted

Hoang v. Vincentini: The “Conflict” Between Insurer and Insured

The Application of Laches in Loss Transfer

Moore v. Getahun: Advocates and Experts, the Evidentiary Paradox

State Farm v. Old Republic: Loss Transfer and the FDRs

Scarlett v. Belair Insurance: A Case on the Minor Injury Guidelines

The “True Nature” of a Claim: Division of (Legal) Labour in the Occupiers’ Liability Context

Souliere v. Casino Niagara: More than One Arrow in the Quiver: Sweep Logs and the Standard of Care

Fidler v. Sunlife: The S.C.C. on Aggravated and Punitive Damages

Social Host Liability: Where are we now – A Commentary on Childs v. Desormeaux

Mustapha v. Culligan and Psychiatric Illness (Nervous Shock) Cases

A Framework for Assessing Vicarious Liability