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Trial by Stopwatch: A Warning from the Court of Appeal

By Michael Kryworuk In Interhealth Canada Limited v. O’Keefe, 2023 ONCA 368, the Ontario Court of Appeal considered an appeal by the plaintiff, Interhealth Canada Limited (“Interhealth”), of a decision by the Ontario Superior Court of Justice. While the case was appealed on both substantive and procedural grounds, this blogRead More

Stephen Ross and Anita Varjacic Speaking at Anatomy of a Trial Conference

On June 15 and 16, 2023, the Ontario Bar Association is having its popular Anatomy of a Trial conference.  Lawyers of all experience levels will benefit from this program and enhance their ability to map out strategy, manage documents, open and close to a jury, examine and cross-examine witnesses, andRead More

Congratulations to Our Articling Students

We’d like to congratulate our students for successfully completing their articling term! Emmanuel Couture-Tremblay, Nasra Esak, and Katrina Taibi will be called to the Bar in June and are returning to Rogers Partners as associates. We know that they’ll be terrific lawyers, and we wish them continued success!Read More

Antoinette Monardo Joins Rogers Partners

We’re pleased to welcome Antoinette Monardo to Rogers Partners as an associate! Antoinette joins us from a personal injury firm where she handled a variety of files, including claims involving motor vehicle accidents (tort and accident benefits), occupiers’ liability, and product liability.Read More

Rogers Partners Social Night

Some members of our firm had a fun social outing last night at a new restaurant, CKTL & Co. It was a great evening!Read More

Court Reviews Requirements for Default Judgment

By Kathryn Orydzuk In the recent decision in John Howard Society of Peel-Halton-Dufferin v. Pennock et al, 2023 ONSC 2839, released on May 11, 2023, the Ontario Superior Court of Justice ruled on a motion for default judgment by the plaintiffs, and in the alternative, seeking judgment on the termsRead More

Justice Delayed is Justice Denied: The Responsibility to Respond Promptly to WSIAT Decisions

By Annie Levanaj The recent decision of the Court in Delanty v. Hogan, 2023 ONSC 2501, demonstrates that parties are expected to move actions forward and respond promptly when dealing with reconsiderations of WSIAT decisions. Background This decision arose from a motor vehicle accident. The plaintiffs were Ms. Delanty, aRead More

Fridays with Rogers Partners

At our weekly meeting, Nasra Esak discussed the recent decision of the License Appeal Tribunal (LAT), Amalathasan v. Certas Home and Auto Insurance Company, 2023 CanLII 17707 (ON LAT). In this decision, the Tribunal addressed the circumstances it can consider re-litigated issues and the application of the res judicata doctrine.Read More

Fridays with Rogers Partners

At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Serraville v. Duggan, 2023 ONSC 933. Overview: Pursuant to Rule 7.08, the minor plaintiff’s litigation guardian brings a motion seeking court approval of the portion of a tort settlement related to the minor. Facts:Read More

The Suspension of Limitation Periods Applies Only When a Cause of Action Exists

By Erin Crochetière The Court of Appeal in Wong v. Lui, 2023 ONCA 272, considered the applicability of the 15 year ultimate limitation period to claims advanced by a plaintiff who was a minor, but did not yet have a cause of action, during the running of the 15 yearRead More

Fridays with Rogers Partners

At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Court of Appeal for Ontario in Truscott v. Co-Operators General Insurance Company, 2023 ONCA 267. Overview This appeal arose from an application for insurance coverage for claims related to a fire that destroyed a building, and the accountingRead More

LAT Tales: Bring the frivolous motion, pay the cost

By Jennifer Singh In Syed v. Security National Insurance Company [1], the LAT dismissed the applicant’s application and awarded the respondent, Security National Insurance Company, $2,000.00 in costs. Motions can be a useful tool at the LAT, but with finite resources frivolous motions constitute a hindrance. The awarding of costsRead More

Fridays with Rogers Partners

At our weekly meeting, Taya Rosenberg discussed the recent judicial review decision of the Divisional Court in Intact Insurance Company v. Laporte et al., 2023 ONSC 1828. Factual Background In November 2018, the Respondent Mr. Laporte’s commercial property was significantly damaged by fire. The Applicant, Intact Insurance Company, had issued anRead More

Fridays with Rogers Partners

At our weekly meeting, Nasra Esak discussed the recent decision of the Ontario Court of Appeal in 778938 Ontario Limited v. EllisDon Corporation, 2023 ONCA 182.   OVERVIEW This appeal arose from an unsuccessful motion to stay an Ontario action on the basis that the Ontario Court did not haveRead More

Class Action Certification Round 2 – New Judge, Same Result

By Riley Groskopf The Ontario Superior Court of Justice recently released its new certification decision in Nordik Windows Inc. v. Aviva Insurance Co., 2023 ONSC 1804. The decision of Justice Morgan was the second certification motion for the proposed class action, after Justice Belobaba issued an Order that a newRead More

Fridays with Rogers Partners

At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Li v. Barber, 2023 ONSC 1679. Overview: A motion by the plaintiffs to amend the Statement of Claim, and a motion by a group of defendants to strike the Statement of Claim forRead More

Ramadan 2023

Our Equity, Diversity and Inclusion Committee has provided us with information on Ramadan. This week, Muslims from around the world will begin to fast and start the month of Ramadan. It marks a holy month for Muslims, where many in the community will start a month-long observance of fasting, prayer,Read More

In “Defence” of Rule 21.01(b) and Motions to Strike

By Michael Kryworuk In Shillington v. Stover, 2023 ONSC 1463, Regional Senior Justice C. Macleod considered a motion by one of the defendants, Million Dollar Round Table (“MRDT”), to strike the statement of claim against it as disclosing no cause of action under Rule 21.01(1)(b) of the Rules of CivilRead More

Fridays with Rogers Partners

At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Court of Appeal for Ontario in Ontario v. St. Paul Fire and Marine Insurance Company, 2023 ONCA 173. Overview This appeal arose from a coverage application, in which  the appellant, His Majesty the King in the Right ofRead More

The “Litigating Finger”

By Michael Brown An endorsement from a recent motion held in the Ontario Superior Court of Justice before McGraw AJ has provided an interesting look at the use of misnomers in pleadings and the doctrine of discoverability as it relates to unidentifiable parties. In Abramov v. Doe,[1] the Plaintiff broughtRead More

Fridays with Rogers Partners

At our weekly meeting, Taya Rosenberg discussed the recent summary judgment decision of the Ontario Superior Court in Pridmore v. Drenth, 2023 ONSC 817. This action arose from an incident involving a four-wheeled all-terrain vehicle (“ATV”). Breanne Pridmore, the plaintiff, was a passenger on an ATV driven by Tyler Drenth andRead More

What Happens in Italy, Stays in…? New Appellate Decision Interpreting Van Breda

By Meryl Rodrigues In the recent decision of Sinclair v. Amex Canada Inc.[i], the Ontario Court of Appeal reaffirmed the principles in the oft-cited jurisdictional decision of Van Breda[ii], and articulated a (perhaps disputable) framework for their application in a given case, following the appeal of three Italian companies fromRead More

Rogers Partners Celebrates International Women’s Day

International Women’s Day is a day recognized across the world for celebrating the social, economic, cultural, and political achievements of women, and for reflecting on ways we can increase gender parity, and otherwise effect positive change for women in our society. One of this year’s themes for International Women’s DayRead More

Alon Barda Successful at Licence Appeal Tribunal

The decision in Al Khazreji v. RSA Insurance, 2023 ONLAT 21-009559/AABS – PI, involves a determination by the Licence Appeal Tribunal over whether the applicant was involved in an “accident”, as defined in the Statutory Accident Benefits Schedule. Alon Barda of Rogers Partners LLP was counsel for the insurer. The applicant is a taxi driver.Read More

Fridays with Rogers Partners

At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Ozdemir v. Economical Mutual Insurance Group, 2023 ONSC 685. Overview: A mid-trial hearing on the admissibility of the plaintiff’s medical report, when the doctor would not be presented for cross-examination. Facts: The plaintiff,Read More

The Osgoode Hall Trees vs. the Ontario Line: Further Injunctive Relief Denied

By Kathryn Orydzuk In the recent decision of the Ontario Court of Appeal, Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, the Court considered whether an extension of an Order granting interim injunctive relief was appropriate, in the most recent skirmish in the battle over the removal of 11 treesRead More

LAT TALES (Court of Appeal Edition): Does an insurer always have to provide a medical reason when denying specified benefits under the SABS? Short answer: No.

By Jennifer Singh In Varriano v. Allstate Insurance Company of Canada [1], the Court of Appeal overturned a Divisional Court decision [2] and reinstated the decision of the LAT adjudicator which found that the insurer’s letter denying IRBs complied with the legislative requirements of 37(4) of the SABS, even thoughRead More

Rogers Partners Celebrates Black History Month

The 2023 theme for Black History Month is: “Ours to tell”. This theme is said to represent both an opportunity to engage in open dialogue and a commitment to learning more about the stories Black communities in Canada have to tell about their histories, successes, sacrifices and triumphs. The GovernmentRead More

Fridays with Rogers Partners

At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Cernjul v. The Nordic Insurance Company of Canada, 2023 ONSC 559. Overview This application involved a claim for a declaration that the Applicant’s automobile insurer had a duty to defend him in a civilRead More

Proper Forum in Interjurisdictional Contract Disputes: Your Court or Mine?

By Franz Lopez In Black & MacDonald Limited v Eiffage Innovative Canada Inc.,[1] the Ontario Court of Appeal addressed an appeal of a lower court’s decision to stay two proceedings related to the construction of the Alex Fraser Bridge crossing over the Fraser River in Delta, British Columbia (the “Project”)Read More

Standard of Care and Causation in Medical Malpractice Class Actions

By Erin Crochetière In Levac v. James,[1] the Court of Appeal for Ontario considered an appeal regarding the standard of care and causation in a class action alleging breach of applicable Infection Prevention and Control (“IPAC”) best practices causing infection. In the underlying class action, the plaintiffs alleged that theRead More

Brian Sunohara Presenting on Documentary Production

Brian Sunohara is speaking at an upcoming continuing professional development program by The Advocates’ Society called “Documentary Production: What You Need to Prove Your Case“. The program will be held online on February 15, 2023. Brian is going to be part of a panel on “Production Across Practice Areas: PerspectivesRead More

Associates Appreciation Dinner

Our senior partner, Stephen Ross, welcomed our lawyers and students into his home last night for an Associates Appreciation Dinner. It was a fun evening!Read More

Default Judgment Granted in False Murder Narrative Website Case

By Annie Levanaj The recent decision in Gillespie v. Fraser, 2023 ONSC 537 dealt with the plaintiff’s motion for default judgment against the defendant, Diana Tilbert, following her failure to deliver a Statement of Defence within the prescribed time. In this decision, the court summarizes the applicable criteria for awardingRead More

Rogers Partners Announces New Partner

Rogers Partners LLP is delighted to announce that Meryl Rodrigues has joined the partnership of the firm! Meryl started with the firm as an articling student. She has a very bright mind and is an exceptional advocate. She is a mentor to junior lawyers and students at the firm. WeRead More

Rule 48.04: Amendment Permits Consenting to Trial List Placement without Losing Discovery Rights

By Amanda Colarossi Overview The Rules of Civil Procedure often change. Sometimes they change in minor ways, and sometimes major ways. Rule 48.04 underwent a small but important change by amendment in July 2021. A party not setting a matter down for trial can now consent to the matter beingRead More

Fridays with Rogers Partners

At our weekly Friday meeting, Nasra Esak discussed the recent Court of Appeal decision of Ontario v. Madan, 2023 ONCA 18. The Court of Appeal upheld a motion judge’s decision to strike contested paragraphs of the appellants’ statements of defence counterclaims, which alleged that the Government of Ontario was vicariouslyRead More

Court Awards PJI at Lower Rate Than in Courts of Justice Act

In Henry v. Zaitlen, 2022 ONSC 7259, the court considered the applicable rate of prejudgment interest (“PJI”). In the Courts of Justice Act, the PJI rate for non-pecuniary loss is 5% per year.  However, in MacLeod v. Marshall, 2019 ONCA 892, the Court of Appeal held that the trial judgeRead More

Tricks of the Trade Conference

The Advocates’ Society’s popular Tricks of the Trade conference is coming up on January 27, 2023.  It will be held in person at The Carlu in Toronto. Two of our partners are involved in the conference.  Stephen Ross is a co-chair.  Stephen will be moderating a fireside chat with JusticeRead More

Fridays with Rogers Partners

At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Delgado-Zurita v. Toronto (City), 2023 ONSC 35. Overview: The plaintiff brought a motion pursuant to Rule 48.14 of the Rules of Civil Procedure to vary a set aside order and for an extensionRead More

Leafs Night

Some of our lawyers had a fun group outing at the Leafs game last night. It was even better that the Leafs won!Read More

LAT Tales: Section 55 and Consumer Instruction Legislation

By Riley Groskopf The License Appeal Tribunal (“LAT”) recently released its reconsideration decision in Iravani-Fard v. Economical Insurance, 2022 CanLII 109480. The decision addresses the consequences of a claimant’s failure to attend insurer examinations, and recognizes the rights granted to insurers by the SABS. Facts at issue The claimant wasRead More

Fridays with Rogers Partners

At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Morgan v. Co-Operators General Insurance et. al., 2022 ONSC 7254. Overview This simplified procedure action involved a claim for water damage that occurred at the plaintiff’s property on December 9, 2019. Background The PlaintiffRead More

Relief From Forfeiture Denied in Late Notice Case

By Michael Kryworuk The case of Searles v. Economical Insurance, 2022 ONSC 7217, involves a dispute between the applicant homeowners and their insurer, Economical, regarding a request for reimbursement of defence costs. The applicants provided notice of an action almost seven years after the commencement of the action. History ofRead More

2023 Deductible Amounts in MVA Claims

The Financial Services Regulatory Authority of Ontario has released the updated deductible amounts in motor vehicle accident claims. In 2023, the deductible for damages for non-pecuniary loss is $44,367.24 where such damages do not exceed $147,889.59. The deductible for damages under section 61(2)(e) of the Family Law Act (loss ofRead More

Fridays with Rogers Partners

At our weekly Friday meeting, Taya Rosenberg discussed a recent decision on a mid-trial motion for an adjournment of trial to permit the plaintiffs to obtain new expert evidence, in Carter v. Newman, 2022 ONSC 7179. Overview The plaintiffs brought a motion for an order to adjourn the trial and forRead More

The Appropriate Use and Timing of a Request to Admit

By Michael Brown While COVID-19 continues to rear its head in the Ontario court system, there have been some teachable moments arising from the pandemic and the litigation resulting from it. Recently, the Ontario Court of Appeal considered the suitability of a commonly utilized pre-trial procedure, a request to admit,Read More

Holiday Sweater Day

It’s been a fun day at the office with holiday sweaters and a pizza lunch! After careful deliberations, the Holiday Sweater Committee is pleased to announce that the prize for the best sweater goes to Alejandra Luco! Runner-up prizes are awarded to Jackie Galvin, Sumina Singh, Maryam Lenz, Michael Kryworuk,Read More

Fridays with Rogers Partners

At our weekly Friday meeting, Nasra Esak discussed the recent Ontario Court of Appeal decision in 2505243 Ontario Limited ( v. Princes Gates Hotel Limited Partnership, 2022 ONCA 859. The Court of Appeal upheld a decision of Justice Gilmore in which a commercial landlord was found to have operated inRead More

Alleged Impecuniosity Insufficient to Bar Costs Award

By Meryl Rodrigues In a recent Costs Endorsement decision in Kesete v. Gaspar[i], the Ontario Superior Court addressed an argument that a plaintiff’s alleged impecuniosity should bar any – or anything more than nominal – costs being awarded to a successful defendant. The decision followed a 14-day jury trial, inRead More

Divisional Court Strikes Appeal of LAT Decision as Premature

In Kahissay v. Intact Insurance, 2022 ONSC 6357, a statutory accident benefits claimant appealed a decision of an adjudicator of the Licence Appeal Tribunal related to attending insurer’s medical examinations. The Divisional Court issued a notice indicating that the court was considering dismissing the appeal on the basis that itRead More

Fridays with Rogers Partners

At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Chevrier v. Orsanic, 2022 ONSC 6508. Overview: In this case, one of the defendants brought a motion to: set aside a noting in default against her;allow her to file a Statement of DefenceRead More

Ontario Energy Group’s ONSC Action Stayed Pending Outcome of Small Claims Court Actions

By Kathryn Orydzuk In MDG Newmarket Inc. v Symonds, 2022 ONSC 6481, Justice Vermette rendered a decision on an interesting motion that touched upon the doctrine of abuse of process, and when commencing a separate action in the Superior Court may effectively be considered an attempt to transfer a matterRead More

Franz Lopez Joins Rogers Partners

Franz Lopez joined Rogers Partners today as an associate lawyer. We’re very happy to welcome Franz to the firm! Prior to attending law school, Franz was an environmental scientist. He recently achieved a Master of Laws degree, specializing in Energy and Infrastructure Law. During his articles, Franz assisted with severalRead More

2022 Holiday Party

Everyone was in a festive spirit at our firm’s holiday party! It was fun to spend quality time with such a terrific group of people!Read More

LAT TALES – Surveillance: To disclose or not to disclose

By Jennifer Singh In Nick Vassos v. Heartland Farm Mutual Inc. [1] the LAT denied a motion brought by the applicant to exclude the following from the hearing: Surveillance video;Any report or assessor who relied on the surveillance; andAll evidence used in relation to the surveillance. Background The applicant wasRead More

Damages for Arm Fracture

The decision of Cornwall v. Al Bloushi, 2022 ONSC 6388, involves an undefended trial in a personal injury action. The plaintiff was 69 years old at the time of a slip and fall accident.  She sustained a humerus fracture of her right arm.  Surgery was not performed. The plaintiff hasRead More

Fridays with Rogers Partners

At our weekly Friday meeting, Nasra Esak discussed a recent Ontario Superior Court decision granting a summary judgement brought by the defendant in Strilchuck v. Tecumseh (Town of), 2022 ONSC 5841. Overview Justice King granted a summary judgement brought by the Town (the defendant) to dismiss a trip and fall personalRead More

Court Of Appeal Upholds Denial of Interlocutory Injunction on Hospitals’ Mandatory Vaccination Policy Pending Labour Arbitration

By Erin Crochetière In National Organized Workers Union v. Sinai Health System, 2022 ONCA 802, the Court of Appeal considered the jurisdiction of the Superior Court in the context of a labour arbitration. In the underlying labour arbitration, the Appellant, the National Organized Workers Union, disputed the Respondent hospitals’ mandatoryRead More

Brian Sunohara and Erin Crochetière Win Trial

Congratulations to Brian Sunohara and Erin Crochetière for their success at a recent trial! The decision was released yesterday. The case of Leendertse v. His Majesty the King in Right of Ontario, 2022 ONSC 6395, involves an accident where the plaintiff was riding a bicycle and was struck by aRead More

Lawyers Seek to Reinstitute King’s Counsel Designation

There was recently an interesting article in Law Times called “Veteran litigator calls for Ontario to reinstitute KC designation“. According to this article, there is growing support for Ontario to reinstitute the King’s Counsel (formerly Queen’s Counsel) designation as it would help Ontario lawyers in the international legal arena. TheRead More

Fridays with Rogers Partners

At our weekly Friday meeting, Taya Rosenberg discussed the recent decision of the Ontario Superior Court in Aviva General Insurance Company v. Catic, 2022 ONSC 6000. Overview This case was concerned with the interpretation of subsection 38(11)2 of the Statutory Accident Benefits Schedule (“SABS”), which sets out the consequences forRead More

Courts Have Limited Ability To Interfere With Arbitration Awards

By Athina Ionita In Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137, 2022 ONCA 769, the Court of Appeal considered the application of s. 46(1)3 of the Arbitration Act, 1991, S.O. 1991, c. 17 (“the Act”), and when a court may interfere with an arbitration award. Background The appellant,Read More

Damages for Foot Injury

The case of Raskin v. Stepanyan, 2022 ONSC 6247, involves an undefended personal injury trial. The plaintiff was involved in a trip and fall accident.  She was 64 years old at the time of the accident. She sustained a fracture of the fifth metatarsal on the right foot.  She woreRead More

Rogers Partners 2022 Client Party

We had a fun time last night at our client party at Stratus! Thank you to our clients for a memorable evening. It was great to catch up!Read More

Don’t @ Me — Twitter Callout Causes Contempt

By Annie Levanaj The Post v. Hillier trilogy of cases is important in demonstrating the serious consequences individuals can face for failure to comply with court orders in civil actions. Part 1: Post v. Hillier, 2022 ONSC 3793 The initial decision dealt with a defamation action. The plaintiff, Ms. Post,Read More

Court Permits Amendment Into Simplified Procedure in Non-Jury Case

In Sutherland Estate v. London Health Sciences Centre, 2022 ONSC 5942, the plaintiffs sought to amend the Statement of Claim to limit the claim to $200,000 and to continue the action under the Simplified Procedure.  The defendants opposed the amendment. A patient sustained injuries while at a hospital.  Over fiveRead More

Fridays with Rogers Partners

At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Diebold v. Economical Mutual Insurance Company, 2022 ONSC 5592. Overview This case involved a Rule 21.01(1)(a) motion to determine whether the defendant, Economical Mutual Insurance Company, is entitled to a deduction for theRead More

Income Replacement Benefits – To Deduct or Not To Deduct CPP Disability, EI and CERB?

By Amanda Colarossi Where a claimant is entitled to income replacement benefits (“IRB”), the accident benefits insurer is entitled to certain deductions when calculating the weekly IRB amount payable to the claimant. Calculating the Weekly Base Amount IRBs are paid at 70% of the claimant’s pre-accident gross income earnings, upRead More

Non-Earner Benefits Not Deductible from Loss of Income

The decision of Kolapully v. TTC et al., 2022 ONSC 6024, involved an accident between a pedestrian and a bus. At trial, the plaintiff was awarded $150,000 for past loss of income (after accounting for contributory negligence). The plaintiff had previously received over $95,000 in non-earner benefits in an accident benefitsRead More

Discovery and Proportionality

Rule 29.2.03 of the Rules of Civil Procedure is sometimes overlooked when counsel conduct discoveries and make production requests. This rule was recently considered in Gurprasad v. Kim, 2022 ONSC 5753. The rule states: 29.2.03 (1) In making a determination as to whether a party or other person must answerRead More

Cross-Examination on Criminal Charges Not Permitted

In Rana et al v. Ramzan et al, 2022 ONSC 5669, a witness called by the defendants denied in examination-in-chief ever being convicted of a criminal offence. In cross-examination, plaintiffs’ counsel sought to cross-examine the witness on information contained in a document which indicated that the witness had been chargedRead More

Happy Diwali!

Rogers Partners wishes a Happy Diwali to all those celebrating! Diwali is a “festival of lights” that celebrates the triumph of light over dark and good over evil, and the blessings of victory, freedom, and enlightenment. It’s an important religious festival originating in India.Read More

Fridays with Rogers Partners

At our weekly Friday meeting, Taya Rosenberg discussed the Ontario Court of Appeal’s decision in AIG Insurance Company of Canada v. Lloyd’s Underwriters, 2022 ONCA 699. This case was on appeal from AIG Insurance Company of Canada v. Lloyd’s Underwriters, 2021 ONSC 5372. AIG brought an application seeking equitable contributionRead More

Supreme Court Denies Leave in Stay of Action Due to Failure to Immediately Disclose Partial Settlement

In a previous blog post, we discussed the Court of Appeal’s decision in Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66. The Court of Appeal upheld the stay of an action due to the failure to immediately disclose a partial settlement agreement. The Supreme Court of CanadaRead More