RP Blog
No Harm, No Stay: Court of Appeal Rejects Stay of Divisional Court Judgment
By Riley Groskopf The Ontario Court of Appeal recently released its decision on a motion to stay a judgment pending an appeal of a Divisional Court decision, in Sorrentino v. Certas Home and Auto Insurance Company, 2025 ONCA 835. The decision comes on the heels of a brief Oral endorsementRead More
Welcoming Our New Associates!
Rogers Partners LLP is excited to welcome Teresa Park and Edmund Nilson to our team as associates! Teresa and Edmund bring exceptional talent, fresh perspectives, and a strong commitment to excellence in the practice of law. We’re thrilled to have them on board!Read More
Late Jury Notice? Industry Practice Won’t Bail You Out
By Miranda Lacalamita In the recent decision in Sanabria v. Nizam, 2025 ONSC 6118, the Ontario Superior Court of Justice dismissed a motion for leave to file a jury notice almost four years after the close of pleadings. The decision is a pointed reminder that “industry practice” and bare assertionsRead More
Co-Owning a Car and Vicarious Liability
By Mihail Salariu Consider this: Two owners of a vehicle. One held a policy of insurance. The other did not and was never a named insured or listed driver on the co-owner’s policy. The uninsured owner gives consent to a third party to drive the co-owned vehicle. The insured co-ownerRead More
Ontario Court of Appeal to Municipalities on “Untravelled” Portions of Roadways: “Look Out (for) Bello!”
By Michael Kryworuk On November 7, 2025, Justice Bradley W. Miller, writing on behalf of a three-judge panel of the Ontario Court of Appeal, released their decision in Bello v. Hamilton (City) 2025 ONCA 758. This matter concerned an appeal of a successful summary judgment motion brought by the municipality,Read More
Long-tail claims over multiple policy periods? Look to Loblaws
By Megan Chan In the recent Ontario Superior Court decision in His Majesty the King in Right of Ontario v. Royal & Sun Alliance Insurance Company of Canada et al., 2025 ONSC 5670, the Court confirmed that the proper method of allocation of defence costs as between insurers who insuredRead More
Don’t Let a Narrow Definition Backfire on You: Why Unusual Events Can Still Count as Accidents Under the SABS
By Laura Bruce The Licence Appeal Tribunal recently released a decision that offers insight into when an uncommon event, despite its rarity, still qualifies as an “accident” 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,Read More
Celebrating Our Clients: A Night of Appreciation and Connection
Last night, we hosted our Client Appreciation Party, and it was such a pleasure to celebrate with those who make our work so meaningful. We truly appreciate your trust, partnership, and continued support. The night was filled with great conversations, laughter, and connection — a reminder of how fortunate weRead More
Recreational Risks and Legal Boundaries: The Scope of Occupiers’ Liability
By Jordan Petruska In Hudson v. Drain, 2025 ONSC 5396, the Ontario Superior Court of Justice addressed the complex interplay between common law negligence and the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (“the Act”), in the context of a recreational injury on rural property. This case arose from aRead More
The Right-of-Way Won’t Save You: Ontario Court Reinforces Duty of Care for Drivers
By Jaaron Pullenayegem As McFee v. Sutram, 2025 ONSC 5526 shows, following the rules of the road doesn’t automatically mean a driver has met the standard of care or that he does not owe a duty of care to other vehicles that break the rules. The Ontario Superior Court’s decisionRead More
Lower Court Judgments Cannot Be Turned Over on Consent
By Heera Elize Sen Can parties ask an appellate court to erase a trial judge’s order by consent? In Martin v. 11037315 Canada Inc., 2025 ONCA 648, the Ontario Court of Appeal gave a firm answer: no. Appellate courts are not rubber stamps. To overturn a lower court decision onRead More
Driving With An Expired Driver’s Licence: You May Still Be Covered
By Farid Mahdi In Ontario, if a driver is involved in a car accident while driving without a valid driver’s licence, the driver may be denied insurance coverage making them personally responsible for any damages and injuries to others involved. In Urban Lennox Gibbs v. Security National Insurance Company et al.,[1]Read More
Pipped by the PLUP – The Importance of Considering Ontario’s Automobile Insurance Scheme in Insurance Priority Disputes
By Cameron Allan OVERVIEW In its recent decision in Rodriguez-Vergara v. Lamoureux, 2025 ONCA 620, the Ontario Court of Appeal clarified the priority of coverage between the OPCF 44R Family Protection endorsement and a personal umbrella liability policy (PLUP). Ultimately, the Court found that automobile insurance policies, including the OPCFRead More
Rogers Partners Lawyers Named in The Best Lawyers in Canada
Rogers Partners LLP is pleased to announce that several of our lawyers have been recognized in the 2026 edition of The Best Lawyers in Canada™. Congratulations to Stephen Ross, Kevin Adams, Anita Varjacic, Brian Sunohara, David Rogers, and Jason Frost! This recognition reflects not only their individual skill and professionalism, but also the strength and dedication ofRead More
Minor Injuries, Major Implications: Dooman Draws a Line on MIG Challenges
By Shannon Mascarenhas Dooman v. TD Insurance Co., 2025 ONSC 184, provides guidance from the Ontario Divisional Court on challenging Licence Appeal Tribunal (“LAT”) decisions under the Statutory Accident Benefits Schedule (“SABS”). Background Mr. Dooman was rear-ended in 2020 and sought accident benefits in excess of the $3,500 Minor InjuryRead More
A Not So Sweet Settlement: Court Upholds Consent Judgment
By Susan McKelvey In the recent Ontario Superior Court of Justice decision of Abdullah v. Mursal, 2025 ONSC 4647, the court addressed the complex legal implications of insurance settlements made without the insured’s direct consent. Background Information In September 2017, Fathi Mursal was operating a motor vehicle in Scarborough, Ontario.Read More
2025 Practice Management Seminar & Dinner
We hosted our annual Practice Management Seminar & Dinner yesterday — a valued tradition at our firm that brings together our lawyers and students for an evening of shared learning, practical insights, and professional growth. This year’s program covered a wide range of topics — from file opening checklists andRead More
2025 Summer Social
Yesterday, our team enjoyed a fantastic afternoon at the Toronto Blue Jays game for our annual Employee Summer Social. With beautiful weather, great company, and a Blue Jays win to top it off, it was the perfect way to unwind and connect outside the office!Read More
Insurer’s Liability: E&O Fraud Endorsement Does Not Extend to Trust Deposits
By Shane Marston In 2069586 Ontario Inc. v. Sovereign General Insurance Company, 2025 ONSC 4468, the Ontario Superior Court of Justice granted reverse summary judgment in favour of the defendant Sovereign General Insurance Company (“Sovereign”), dismissing the action against them. Justice McCarthy concluded that the plaintiffs had no right toRead More
Not Close Enough: When Will a Court Find a Defendant Vicariously Liable?
By Sebastian di Domenico In Dunford v. Hamilton-Wentworth District School Board, 2025 ONCA 438, the Ontario Court of Appeal (“the Court”) addressed the legal test for vicarious liability. Although this case pertains to the tort of sexual battery, the Court’s test for vicarious liability applies to other torts as well.Read More
Rogers Partners Welcomes Zoe Panday
We’re thrilled to announce that Zoe Panday has joined Rogers Partners LLP as our newest Associate! Zoe brings with her an impressive background in insurance defence litigation, having independently managed a broad range of tort and accident benefit files. Her sharp legal acumen is backed by strong advocacy skills. BeyondRead More
Essential Expertise: The Importance of Expert Evidence to Inform Standard of Care
By Riley Groskopf The Ontario Superior Court of Justice recently released a trial decision in the matter of Valerio et al. v. The Corporation of the City of London et al., 2025 ONSC 4332. The plaintiffs, Mr. Valerio and his family, claimed against the City of London as well asRead More
Artificial Intelligence: Efficiency v. Dangers of Cutting Corners
By Mihail Salariu It’s hard to disagree that technological improvements have made positive contributions to the legal profession. Notwithstanding the lists of drawbacks and trade-offs readily argued by those who enjoyed spending two nights at a Best Western after a short flight to the Sault, virtual hearings and examinations, cloudRead More
Meet Our New Articling Students
We’re excited to welcome our new articling students to the firm! This week, Catherine Avrutin, Yurii Banakh, Aliyyah Khan, Orjita Madhurjo, and Jessica Rost began the next step on their journey to becoming lawyers. We’re looking forward to the talent, energy, and fresh perspectives they’ll bring as they embark onRead More
Divisional Court Rules that SABS Claimant Can’t Have his Tort(e) and Eat More SABS Benefits Too
By Michael Kryworuk On July 2, 2025, Justice Richard A. Lococo, writing on behalf of a panel of the Ontario Superior Court of Justice Divisional Court, released their decision in Sistermans v. CAA Insurance Co., 2025 ONSC 3809. This matter concerned an appeal and judicial review of a decision andRead More
The Intentional or Criminal Acts Exclusion Applies Despite a Finding of Not Criminally Responsible
By Megan Chan Aviva Insurance v. Haan[1], is another decision that insurers can rely on to support a position that there is no duty to defend a claim for property damage arising out of intentional acts on the part of the insured. In situations where an insured is found notRead More
Contaminated Coffee Found Not Responsible for Plaintiff’s Maladies
By Luke Hamer The case of MacNeill v. McDonald’s Restaurants of Canada Limited, 2025 ONSC 3780, involves a plaintiff who drank coffee from a paper cup she purchased at a McDonald’s restaurant in Orillia, which was later found to contain a diluted deliming agent used to clean the coffee pots.Read More
Trial Decision Addresses Occupiers’ and Winter Maintenance Contractors’ Obligations in Ensuring Outdoor Pedestrian Safety
By Jordan Petruska In Sprowl v. First Capital, 2025 ONSC 3628, trial proceeded in an action arising from a slip-and-fall incident involving an 81-year-old woman, who slipped on an icy patch in the parking lot of a plaza in Waterloo. The accident occurred on January 12, 2020, and the plaintiffRead More
Rogers Partners Welcomes Laura Bruce
We’re thrilled to welcome Laura Bruce to Rogers Partners LLP! Laura brings a strong background in statutory accident benefits and a broad range of tort claims, with a practice grounded in thoughtful advocacy and practical problem-solving. With her keen attention to detail and commitment to efficient, client-focused solutions, Laura isRead More
New Changes to Ontario’s Rules of Civil Procedure regarding Disclosure of Partial Settlement Agreements
By Jeffrey Allen This week, an amendment to Rule 49 of Ontario’s Rules of Civil Procedure came into effect. As of June 16, 2025, the revised Rule 49.14 makes it mandatory for parties that have reached a partial settlement agreement to disclose the terms of said agreement to every otherRead More
Implied Consent: Vicarious Liability of Vehicle Owners by Virtue of Legislation
By Farid Mahdi Automobile insurance is compulsory in Ontario.[1] The purpose of this legislation is to protect innocent victims of automobile accidents “from having no means of seeking damages from persons who might have caused those damages without having the protection of automobile insurance.”[2] Fault for the negligent operation ofRead More
The Effectiveness of Summary Judgment in Resolving Liability Disputes with OPCF 44R Carriers
By Cameron Allan Overview: A recent decision from the Ontario Superior Court exemplifies the effectiveness of summary judgment in addressing liability disputes between a defendant OPCF 44R carrier and co-defendant vehicle operator in motor vehicle accident litigation. In Farrugia v. Doe et. al., 2025 ONSC 3065, an OPCF 44R carrierRead More
Rogers Partners Welcomes Grant Black!
We are very pleased to welcome Grant Black to Rogers Partners LLP! Grant brings valuable experience to the firm, having previously served as in-house counsel at a major insurance company. In that role, he managed a broad spectrum of insurance-related matters, giving him a deep understanding of the industry’s legalRead More
Limitations on Recovery of Indemnity in Priority Dispute Arbitration Proceedings – Where has the Court of Appeal left us?
By Kevin Adams The Ontario Court of Appeal’s decision in Echelon General Insurance Company v. Unifund Assurance Company, 2025 ONCA 324, was released last week. It was decided in the context of a priority dispute and addresses issues concerning claims for reimbursement of adjusting expenses incurred by the handling insurerRead More
Rogers Partners Welcomes Luke Hamer!
We are delighted to welcome Luke Hamer to the firm! Called to the Bar in 2013, Luke has developed a robust civil litigation practice. He has represented clients in a wide range of claims, including motor vehicle accidents (both tort and accident benefits), occupiers’ liability, and other complex injury matters.Read More
Inappropriate Behaviour by Litigants Can Have Adverse Cost Consequences
By Shane Marston In Affleck v. Sunrise Senior Living, Inc., 2025 ONCA 267, the Court of Appeal dismissed the self-represented plaintiff’s appeal from the trial Judge’s merits and costs decision. At trial, with reasons reported in Affleck v. Sunrise Senior Living, Inc., 2023 ONSC 1405, Justice J.T. Akbarali dismissed theRead More
From Articling Students to Associates – Congratulations!
Congratulations to our incredible articling students, Miranda Lacalamita, Jaaron Pullenayegem, Heera Sen, and Sarah Sevier! We are thrilled to announce that they will be joining our firm as Associates following their Call to the Bar this summer. Their dedication, talent, and hard work have impressed us all, and we lookRead More
S. 29.1(1) of Ontario’s Class Proceedings Act: When Can a Court Dismiss a Class Action for Delay?
By Sebastian di Domenico In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5, the Ontario Court of Appeal addressed the issue of how to interpret s. 29.1(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 (the “CPA”) which came into force on October 1, 2020. TheRead More
The Various Tests for Dismissal for Delay
By Riley Groskopf In Alvi v. YM Inc., 2025 ONSC 2041, the Ontario Superior Court of Justice refused to restore an action to the trial list, and simultaneously, dismissed an action due to delay. The case reinforces the importance of taking positive actions to move files forward without delay throughoutRead More
Anton Piller Orders: Exceptional Relief and a Reminder of the Adversarial Conversation
By Mihail Salariu Junior associates in civil litigation spend a great deal of time navigating layers of rules and procedures. We are mindful of deadlines, fearful of mistakes, and strive to master the technical elements of practicing the law. These early years of practice are not always as glamorous asRead More
Is It Prejudicial to Be Added to a Claim that Might be Doomed to Fail?
By Michael Kryworuk On March 18, 2025, Justice John Krawchenko of the Ontario Superior Court of Justice released his decision in Mazgaj v. Reyes, 2025 ONSC 1721. This decision concerned a motion brought by the plaintiff, Tadeusz Mazgaj to amend their statement of claim to add two additional parties (Mrs.Read More
Pro Rata Sharing of Policy Funds in Legal Expense Insurance Policies
By Megan Chan In Spencer et al. v. Omega Insurance Company et al., 2025 ONSC 1022, the Court interpreted a Legal Expense Insurance policy in an application by the defendants in an underlying lawsuit for indemnification for their legal costs awarded to them in that lawsuit. This decision reiterated theRead More
Compelling the Crown to Participate in Discovery
By Kathryn Orydzuk Background Two actions have arisen out of a fatal motor vehicle accident that occurred in February of 2015 on a highway in Northern Ontario in the midst of a winter storm. It is alleged that the road conditions were poor. His Majesty The King, In Right ofRead More
Section 18 of the Limitations Act – Resetting the Ultimate Limitation Period for Contribution Claims
By Jordan Petruska In Lower Williams Properties Ltd. v. Santaguida, 2025 ONSC 1132, the third party brought a Rule 21 motion in multiple related actions on the grounds that the third party action was barred by the 15-year ultimate limitation period. Background The actions all arose from a 2019 fireRead More
Police Chiefs and Boards May be Liable for Police Brutality Incidents
By Jeffrey Allen In the recent Court of Appeal for Ontario case, Rivard v. Ontario, 2025 ONCA 100, the Court considered a claim made against the Kingston Chief of Police and the Kingston Police Services Board following the allegedly violent arrest of the respondent. This case offers valuable insight intoRead More
Associates & Students Appreciation Dinner
Last night, one of our partners, Stephen Ross, and his wife, Patricia, graciously hosted a dinner at their home to recognize the outstanding contributions of our associates and students. It was a fantastic opportunity to reflect on the commitment and passion of our associates and students, and their remarkable impactRead More
Watch Your Step! Suing the Landlord for Slip & Fall May Not Always Fly
By Farid Mahdi The Supreme Court of Canada, in Marguerite Crete v. Ottawa Community Housing Corporation,[1] has denied leave to plaintiffs seeking to appeal from the Court of Appeal for Ontario’s finding which confirmed that landlords in Ontario are not liable for slip and fall injuries on ice in areasRead More
Qualified Privilege – What is Genuine Public Interest
By Emily Vereshchak In Diverse Transportation v. Chen, 2025 ONSC 554, the Court analyzed the screening function of an anti-SLAPP motion in the context of what issues can be constituted to be in the public’s interest. At issue was whether the public had any interest in a monetary dispute betweenRead More
Sign and Beware: The Enforceability of Liability Waivers in Limiting Legal Responsibility
By Elizabeth Branopolski In Bernier v. Ottawa, 2024 ONSC 6725, the plaintiffs brought an action for injuries sustained while participating in a cycling event. The Defendants, Ville d’Ottawa, GrandFondo Ottawa, and Greg Capello, sought to rely on the terms of a waiver signed by the plaintiff to dismiss the action.Read More
Using Documents from One Proceeding to Start Another: Breach of the Implied Undertaking Rule?
By Antoinette Monardo In Grid Link Corp. v. Foglia et al, 2024 ONSC 19 (“Grid Link 2024”), the plaintiff used documents disclosed in a Labour Relations Board proceeding to start a civil action. The defendants brought a motion to dismiss or permanently stay the action based on breach of theRead More
2025 Tricks of the Trade Conference
Two of our own will be participating in The Advocates’ Society Tricks of the Trade Conference on January 31, 2025 at Arcadian Court in Toronto. Brian Sunohara will be serving as Co-Chair of this highly anticipated and informative event. David Rogers will be on a panel discussing “Working with VulnerableRead More
A Slippery Slope: Leave to Appeal Denied on Whether Slipping on Ice Constitutes an “Accident”
By Cameron Allan Introduction: In its recent decision in Davis v. Aviva General Insurance Company, 2024 ONCA 944, the Ontario Court of Appeal denied leave to appeal a Divisional Court decision about whether slipping on ice while walking toward one’s vehicle constitutes an “accident” as defined by the Statutory AccidentsRead More
Happy Retirement to Jack Fitch!
After more than 45 years of distinguished service to the legal profession, Jack Fitch has decided to retire. At Rogers Partners LLP, we are grateful for the time Jack spent with us as Counsel. Throughout his career, Jack earned a reputation for his integrity, wisdom, skill, and collegiality. His approachRead More
Fridays with Rogers Partners
At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Superior Court of Justice in Wheelans v. Kuss, 2024 ONSC 6728, dismissing a motion for bifurcation pursuant to Rule 6.1.01 of the Rules of Civil Procedure. The Court concluded that the potential cost savings and efficiencies ofRead More
2024 Holiday Sweater Day
Our team embraced the festive season in style with our annual Holiday Sweater Day! From bright lights to wild patterns, the office is full of holiday cheer today. It’s a fun tradition that brings us together to celebrate the season and share some laughs before the year ends!Read More
In Defamation’s Wake: Sabaratnam v. Yohanathan and the Cost of Unsubstantiated Claims
By Shannon Mascarenhas Background The decision in Sabaratnam v. Yohanathan, 2024 ONCA 845, concerns an appeal brought by Mr. Mooka and his company, seeking to overturn a summary judgment that awarded the plaintiff $75,000 in damages for defamation, and $25,000 in punitive damages. The plaintiff also cross-appealed the motion judge’sRead More
Rogers Partners 2024 Holiday Party
The holiday season is a time to reflect on the year gone by, express gratitude, and celebrate with those who have made the journey special. Our recent holiday party was the perfect opportunity to do just that. The evening was filled with festive cheer and great conversation. We were ableRead More
When Does a Denial of an Insurance Claim Merit Punitive Damages?
By Sebastian di Domenico In Truong v. Jeweler’s Mutual Insurance Company, 2024 ONCA 734, the Ontario Court of Appeal addressed when a Court can award punitive damages against an insurer who improperly denies coverage. In 2014, the appellant, Jeweler’s Mutual Insurance Company (“Jeweler’s Mutual”) issued a policy of insurance toRead More
Fridays with Rogers Partners
At our weekly meeting, Heera Sen discussed a pre-trial evidentiary ruling in Wasylyk v. The Corporation of Simcoe County, 2022 ONSC 4458. Justice Casullo ruled that photographs of the accident scene, enhanced by a forensic photographer, were admissible at trial. Background of the Case Ms. Wasylyk, the plaintiff, lost controlRead More
Summary Judgment and the Agony of the Moment
By Riley Groskopf In Morales v. Laguardia, 2024 ONCA 869, affirming 2024 ONSC 1533, the Ontario Court of Appeal upheld a summary judgment motion based on a no liability position taken in a motor vehicle accident. Justices MacPherson, Roberts and Wilson penned a strong endorsement of a finding that thereRead More
Can an Exclusion Clause Always Remove an Insurer’s Duty to Defend?
In a recent decision of the Ontario Court of Appeal, Thunder Bay (City) v. Great American Insurance Company, 2024 ONCA 837, the Court of Appeal considered the circumstances in which an exclusion clause may not remove an insurer’s duty to defend. Background Various legal proceedings were pursued against the CityRead More
Claims Struck against Employer for Negligent Investigation and Vicarious Liability for Intrusion Upon Seclusion
By Michael Kryworuk On November 11, 2024, Justice Jane Dietrich of the Ontario Superior Court of Justice in Toronto released her decision in M.P. v. Ontario Power Generation Inc., 2024 ONSC 6295. This decision concerned a motion brought by the defendant, Ontario Power Generation Inc. (“OPG”), to strike a numberRead More
Application of Ontario’s Loss Transfer Provisions to Alberta Insurer
By Kathryn Orydzuk The case of Aviva Insurance Company v. Echelon Insurance, 2024 ONSC 5921, arises out of a motor vehicle accident that involved a motorcycle insured by Echelon under a policy issued in Ontario and a Chevy Silverado insured by Aviva under a policy issued in Alberta. The accidentRead More
Fridays with Rogers Partners
At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Court of Appeal (“ONCA”) in Passmore v. Hamilton (City), 2024 ONCA 825. The ONCA granted the appeal, overturning a summary judgment motion, and remitted the matter back to the Superior Court of Justice for trial. The caseRead More
Destructive Testing Protocols Should be Specific and Address Prejudice to Other Parties
By Megan Chan In the recent Ontario Superior Court decision Logan v. Stryker Canada Corp., 2024 ONSC 6171, the court addressed a motion for an order under Rule 32 of the Rules of Civil Procedure. Facts A medical device, manufactured by one of the defendants, Stryker Canada Corp., was usedRead More
Fridays with Rogers Partners
At our weekly meeting, Jaaron Pullenayegem discussed the recent decision in Harrigin v. Clarke, 2024 ONSC 6130. This decision addressed a plaintiff’s motion to extend the deadline to serve a statement of claim on the defendant Clarke, stemming from a 2019 motor vehicle accident. The statement of claim was issuedRead More
Rogers Partners LLP Welcomes Four New Associates
We are pleased to announce that Susan McKelvey, Shane Marston, Mihail Salariu, and Jeffrey Allen have joined Rogers Partners LLP as associates. We are excited to have them on board and look forward to the impact they will make as part of our growing team!Read More
The Court of Appeal Weighs in on Prejudgment Interest Rate Applicable to Non-Pecuniary General Damages
By Erin Crochetière The Court of Appeal for Ontario recently weighed in on the issue of the prejudgment interest rate applicable to claims for non-pecuniary general damages claims in Henry v. Zaitlen, 2024 ONCA 614.[1] The underlying action arose from a medical malpractice claim. At trial, the plaintiff was awardedRead More
Fridays with Rogers Partners
At our weekly meeting, Heera Sen discussed a recent pre-trial endorsement by Justice Stevenson in Whitney v. TTC et al, dated October 1, 2024, in which a defendant’s motion for leave to serve late expert reports was denied. This case highlights the importance of timely compliance with the Rules ofRead More
The 2026 SABS Amendments Require Changes to Ontario’s Priority Dispute Scheme
By Jason Frost Ontario Regulation 383/24 (https://www.ontario.ca/laws/regulation/r24383) has amended the SABS for policies issued after June 30, 2026, making many of the previously standard SABS benefits only available for most persons injured in accidents in Ontario if they purchased optional benefits . With the new SABS effective July 1, 2026,Read More
Courts Protect the Rights of Litigants despite their Counsel’s Conduct
By Jordan Petruska In Baldasio v. City of Toronto, 2024 ONSC 5391, the defendant, City of Toronto brought a motion for dismissing the action for delay. Background This action arose from a slip and fall incident on January 13, 2014. On December 29, 2015, the plaintiff commenced an action againstRead More
SABS Amendments Likely to Increase Auto Insurance Premiums and Many Ontarians will not Have Access to Significant Benefits, Without any “Choice”
By Jason Frost With Ontario Regulation 383/24 (https://www.ontario.ca/laws/regulation/r24383), the Ontario Government has amended the SABS for policies issued after June 30, 2026, to remove many of the previously standard SABS benefits for most persons injured in an accident on Ontario. The impact of these changes may be catastrophic. The AmendedRead More
Landlord Not Responsible for Slippery Sidewalk
By Farid Mahdi In the recent decision of Burley v. City of Ottawa et. al. (“Burley”),[1] the Ontario Superior Court of Justice reaffirmed that the defendant building owners did not owe their plaintiff tenant a common law duty to maintain the municipal sidewalk adjacent to their property, that they wereRead More
Fridays with Rogers Partners
At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Court of Appeal, Stewart v. Bay of Quinte Mutual Insurance Co., 2024 ONCA 730. FACTS This case involved an appeal from Bay of Quinte Mutual Insurance Co. (“BQMI”) regarding a judgment awarded to the estate of Mr.Read More
A Personal Injury Perspective on the Pre-Litigation Protocol proposed by the Civil Rules Review Phase 2 Consultation Report