RP Blog
Court of Appeal Removes Masking Requirement
Starting today, July 4, 2022, masks are no longer mandatory at the Ontario Court of Appeal. However, many COVID-related protective measures remain in place, which can be found in the Court’s Protocol for In-Person Hearings During the Pandemic. Those participating in an appeal should also review the Court’s Practice Direction.Read More
Concurrently Consuming and Serving: Considerations for Third Party Claims Against Commercial Hosts
By Kathryn Orydzuk In the recent decision, McHugh v. 2209664 Ontario Inc. et al, 2022 ONSC 3729, the Court considered a motion to strike a third party claim commenced by an occupier against a tavern. Facts The main action arose out of a 2018 slip and fall on an allegedlyRead More
Congratulations to Michael Kryworuk and Annie Levanaj
Congratulations to Michael Kryworuk and Annie Levanaj on recently being called to the Ontario Bar. Michael and Annie had a very successful articling term with Rogers Partners and are now officially lawyers! We’re happy that they have both returned to the firm as associates, and we wish them continued successRead More
Summary Judgment Motion Brought Too Late, with Too Little Evidence
By Jennifer Singh In our March 31, 2022 blog post[1], we discussed the decision in Atsaidis v. Sanford, 2022 ONSC 1690, wherein a consent adjournment of trial to permit the defendants to bring a summary judgment motion on a limitation period issue was denied by Justice D.A. Wilson. Justice WilsonRead More
Rogers Partners Celebrates Pride Month
June is Pride Month, where we recognize the history, courage, and diversity of the 2SLGBTQ+ community. Rogers Partners is committed to fostering an inclusive workplace. We celebrate diversity and its role in our firm’s fabric. We wish everyone a Happy Pride Month!Read More
Tom Macmillan Speaking at Cybersecurity and Privacy Conference
The Advocates’ Society’s program on Cybersecurity and Privacy for Litigators is coming up on July 5, 2022. Tom Macmillan will be on a panel discussing confidentiality issues. As indicated by The Advocates’ Society, privacy and cybersecurity issues arise in all legal practices. Civil litigators handle massive amounts of sensitive data andRead More
Government Liability: Tension Between the Legislature and the Courts
Stephen Ross, Andrew Yolles, and Natalia Sheikh have written a detailed paper called “Government Liability: Tension Between the Legislature and the Courts“. It addresses the following issues: History of Crown Liability; Jurisdiction & Framework for Statutory Causes of Action Against Government Entities; Private Law Duty of Care; Enactment of theRead More
“Dependent Relative” Under the OPCF 44R: Where Does the Plaintiff “Reside”?
By Emily Vereshchak In Chaboyer et al v. Gill et al, 2022 ONSC 3452, the Court analyzed the details of the plaintiff’s living circumstances to determine whether she could be classified as an “eligible claimant” and make a claim pursuant to an OPCF 44R Family Protection Endorsement in an insuranceRead More
Providing Summary of Party’s Statement Generally Not Required
At examinations for discovery, counsel will sometimes ask for a summary of an opposing party’s statement. Such a summary usually does not have to be provided, if the statement is protected by litigation privilege. This issue was addressed by the Divisional Court in Sangaralingam v. Sinnathurai, 2011 ONSC 1618 (Div.Read More
Stephen Ross and Anita Varjacic Presenting at OBA Trial Conference
The Ontario Bar Association’s Anatomy of a Trial conference is coming up on June 23 and 24, 2022. It will feature eight justices of the Superior Court of Justice and the Court of Appeal and 45 experienced trial advocates. The conference will cover all main steps in a personal injuryRead More
No Damages, Nominal Damages, and Costs
By Erin Crochetière The Ontario Court of Appeal heard the appeal in Pullano v. Hinder, 2022 ONCA 418 regarding an action for battery, and counter-claim in defamation. The plaintiff, Mr. Pullano, was punched in the chest by the defendant, Mr. Hinder. Mr. Hinder’ s employer was also named in theRead More
New Notice to the Profession in Central East Region
The Central East Region of the Ontario Superior Court of Justice has issued a new Notice to the Profession and Parties, which came into effect on June 1, 2022. The notice addresses issues such as the mode of hearings, uploading documents to CaseLines, scheduling motions, documents required for long motions,Read More
Michael Brown Joins Rogers Partners
We’re happy to announce that Michael Brown has joined the firm as an associate lawyer! Michael has practiced insurance defence and personal injury litigation since his call to the Bar in 2019. He is a welcome addition to our growing team!Read More
Reference to Masks, COVID-19 Not Sufficient to Dismiss Action via “anti-SLAPP” Legislation
By Athina Ionita In Dent-X Canada v. Houde, 2022 ONCA 414, the Court of Appeal considered whether a defamation action concerning an internet post about the plaintiff’s services in supplying face masks during the COVID-19 pandemic should be dismissed pursuant to Ontario’s “anti-SLAPP” legislation, s. 137.1 of the Courts ofRead More
Amanda Colarossi Joins Rogers Partners
We’re pleased to welcome Amanda Colarossi to the firm as an associate lawyer! Amanda joins us from a large insurance company where she was in-house counsel since 2019. Amanda has a wide range of experience handling tort and accident benefits claims. We’re happy to have her on board!Read More
Landlord Not Permitted to Rely on Waiver Clause in Residential Lease
The decision in Lewis v. 3414493 Canada Inc., 2022 ONSC 2769, involves a slip and fall accident in the parking lot of an apartment building. The plaintiff is a tenant of the building. The defendant landlords relied on a waiver clause in the tenancy agreement. The waiver indicated that theRead More
Fridays with Rogers Partners
At our weekly meeting, Pip Swartz discussed the recent decision of the Ontario Court of Appeal in Lin v. Weng, 2022 ONCA 367. Facts On March 15th, 2016, Qi An Weng, one of the defendants, burned down her landlord’s residence while attempting to extract resin from marijuana. Her landlord, theRead More
Rogers Partners Celebrates Asian Heritage Month
This month is Asian Heritage Month in Canada. It is a time to reflect on and recognize the many contributions that Canadians of Asian heritage have made and continue to make to Canada. As the Canadian government aptly states: Diversity represents one of Canada’s greatest strengths, and we strive toRead More
Effect of Subsequent Offers to Settle on Prior Offers
In some cases, a party will make an initial offer to settle and will then make subsequent offers. When a subsequent offer is made, previous offers are withdrawn by implication. However, in many situations, it is beneficial to leave prior offers on the table in order to potentially obtain aRead More
Court of Appeal COVID-Related Procedures
The Ontario Court of Appeal has prepared a helpful one page document on COVID-related procedures. It addresses issues such as filing court documents and the mode of proceedings.Read More
Court Denies Motion to Transfer Action to Simplified Procedure When Jury Notice Filed Prior to Amendments to Rules
The decision in Thomas v. Aviva, 2022 ONSC 1728, arose out of a motor vehicle accident in April 2016. An action was commenced under the ordinary procedure. The defendants, RBC and Aviva, delivered a statement of defence and a jury notice in September 2018. The plaintiff subsequently brought a motionRead More
Practice Management Seminar & Dinner
Our lawyers and students have an annual Practice Management Seminar where we share ideas on professional development. It was wonderful to get together yesterday for our seminar and dinner. Most importantly, it was a great chance to connect with each other. A fun time was had by all!Read More
The Court of Appeal Decides First Pandemic Coverage Claim
By Natalia Sheikh Overview In 202135 Ontario Inc. v. Northbridge General Insurance Corporation, 2022 ONCA 304, the Ontario Court of Appeal ruled in favour of the insured on an insurance coverage application related to coverage for business interruption losses as a result of the COVID-19 pandemic. This appears to beRead More
Divisional Court Dismisses Appeal on Deducting LTD Settlement from Income Replacement Benefits
The decision in Co-operators General Insurance Company v. Branden, 2022 ONSC 2473, involves a statutory accident benefits claim in which the insurer sought to deduct from income replacement benefits amounts received in a settlement of an LTD claim. The Licence Appeal Tribunal held that there were insufficient details of theRead More
Claim Arising From Slip and Fall at Courthouse Dismissed
In Martin v. AGO et al, 2022 ONSC 1923, the plaintiff, a lawyer, attended at the Hamilton courthouse and slipped on a small amount of water. It was raining on the day of the accident, and the water on the floor came from a wet umbrella of a visitor toRead More
Rogers Partners Meetup
We’ve started a new tradition at Rogers Partners. For over 25 years, our lawyers and students have gotten together on Friday mornings for a “muffin meeting”, where we discuss legal developments. Now, each month, we’re going to have one of our meetings on Thursday afternoon and then get together forRead More
Ahluwalia v. Ahluwalia: Ontario’s Latest Ground-breaking Decision
By Nicholas Fernandes Overview: In an unexpected and precedent setting decision, an Ontario Superior Court judge established a new tort. In the recent case of Ahluwalia v. Ahluwalia, 2022 ONSC 1303, Justice Renu Mandhane ordered a man to pay his former spouse $150,000 in damages for the physical and psychological abuse sheRead More
Plaintiff Awarded $125,000 for Internet Defamation
The decision in Cyr v. LeBlanc, 2022 ONSC 2555, shows that damages in defamation actions can be quite high. The defendant published statements about the plaintiff on several websites. Many of the statements labeled the plaintiff as being racist. The plaintiff contacted the defendant by Instagram, requesting the postings beRead More
Eid Mubarak
Eid al-Fitr (“Festival of Breaking Fast”) marks the end of Ramadan, the Muslim holy month of fasting. It is celebrated during the first three days of Shawwal, the 10th month of the Islamic calendar. It is an occasion for special prayers, family and friends visiting, gift-giving and charity. In Canada,Read More
Fridays with Rogers Partners
This week, our weekly firm meeting was held on Thursday afternoon! Michael Kryworuk discussed the recent decision of the Court of Appeal in 1152729 BC Ltd v. Chicago Title Insurance Company Canada, 2022 ONCA 321. History of the Litigation: This appeal arises from a coverage dispute between the appellant insurerRead More
Late Service of Expert Reports Now Being More Closely Scrutinized
In Agaj v. Munroe, 2022 ONSC 2508, the plaintiff proceeded to trial in a motor vehicle accident case without having expert reports addressing the plaintiff’s claim for income loss and medical and housekeeping needs. After the jury was selected, the plaintiff’s lawyer advised the court that he had spoken toRead More
Rule 59.06 and Re-Opening Hearings
By Meryl Rodrigues Finality in proceedings is generally promoted by the courts. In Tsaoussis (Litigation Guardian of) v. Baetz, the Ontario Court of Appeal stated: Finality is an important feature of our justice system, both to the parties involved in any specific litigation and on an institutional level to theRead More
New Notice to the Profession for Northwest Region
There is a new Notice of the Profession for the Ontario Superior Court of Justice’s Northwest Region. The Northwest Region is comprised of Thunder Bay, Kenora, and Fort Frances. For civil matters, the presumptive mode of proceedings in the Northwest Region is the same as the Provincial Notice to theRead More
New Notice to the Profession for Northeast Region
The Ontario Superior of Justice’s Northeast Region has issued a new Notice To The Profession, The Parties, And The Public. The Northeast Region is comprised of Cochrane, Gore Bay, Haileybury, North Bay, Parry Sound, Sault Ste. Marie, Sudbury, and Timmins. In terms of the mode of proceedings, one notable changeRead More
Fridays with Rogers Partners
At our weekly meeting, Annie Levanaj discussed the recent decision of the Ontario Superior Court in Musa v. Carleton Condominium Corporation No. 255 et al., 2022 ONSC 1030. Overview This case involved slip and fall accident that occurred on the morning of December 5, 2016 at 9:30 am. The plaintiff,Read More
New Notice to the Public and Profession for Central South Region
The Ontario Superior Court of Justice’s Central South Region has issued a Notice to the Pubic and Profession, which came into effect on April 19, 2022. The notice addresses issues such as: the presumptive mode of proceedings the use of CaseLinesscheduling motions and applicationsthe materials for use on motions, includingRead More
Plaintiff Ordered to Pay Costs of Obtaining Documents in Fulfillment of Undertakings
In Endale v. Parker, 2022 ONSC 2008, the plaintiff, on an examination for discovery, undertook to provide medical records, but a dispute arose over who was required to pay for the records. Rule 30.02(1) of the Rules of Civil Procedure provides: “[e]very document relevant to any matter in issue inRead More
New Provincial Notice from Superior Court of Justice
The Ontario Superior Court of Justice has issued a Notice to the Profession, Parties, Public and the Media. This notice consolidates and supersedes all previous provincial notices. The regional notices still need to be consulted for region-specific practices and protocols. The new provincial notice addresses issues such as: GowningStandard documentRead More
Costs at the LAT – Unlikely to Act as a Deterrent to Future Conduct
By Alon Barda One of the more controversial changes when the adjudication of SABS disputes was transferred from FSCO to the LAT is the ability of the Tribunal to award costs. At FSCO, the arbitrator could award “all or part of such expenses incurred in respect of an arbitration proceedingRead More
Think Before You Sign – A Recent Decision on the Implications of Signing a Waiver
By Alon Barda The issue of waivers has been prevalent in many cases recently and was, yet again, in the recent summary judgment decision of French v. Augusta Motorsports Park, 2021 ONSC 8385. Overview In July 2015, the main plaintiff was riding his four wheel-wheel drive vehicle up a sandRead More
New Notice to the Profession for Central West Region
The Central West Region has issued a Notice to the Profession and Parties, which will be effect on April 19, 2022. One notable difference from the recent guidelines issued by the Ontario Superior Court of Justice on the mode of proceedings is that long motions in the Central West RegionRead More
Fridays with Rogers Partners
At our weekly meeting, Pip Swartz discussed the recent decision of the Ontario Court of Appeal in Stamatopoulos v. Harris, 2022 ONCA 179. Facts Stamatopoulos v. Harris is a case about municipal negligence. In 2004, a motor vehicle drove over a road depression, spun, and collided with a pole. TheRead More
From the Desk of Kathryn Orydzuk
By Kathryn Orydzuk With International Women’s Day falling last month, I took some time to reflect on my experience as a young woman in the legal profession and the particular challenges and opportunities that I have encountered in my almost three years of practice. This reflection is not meant toRead More
Order for Security for Costs Granted Against Michigan Plaintiff
By Jennifer Singh In Chahal v. Abdullah et al, 2022 ONSC 1727 [1], the defendant, Peter Cunnington, brought a motion for an order staying or dismissing the plaintiff’s action against him pursuant to r.56.02 of the Rules of Civil Procedure, or alternatively an order pursuant to r.56.01 requiring the plaintiffRead More
Court of Appeal Rejects Late Notice Defence
By Annie Levanaj, Student-at-Law The Ontario Court of Appeal, in Graham v. Toronto (City), 2022 ONCA 149, recently considered whether a claim against a municipality was barred due to the plaintiffs’ failure to comply with the 10 day notice requirement. The issues involved in the appeal are relevant not only to claimsRead More
Rogers Partners Spring 2022 Newsletter
We’re pleased to present our Spring 2022 Newsletter. We hope you find the following topics to be of interest: Think Before You Sign – A Recent Decision on the Implications of Signing a Waiver; Rogers Partners Insurance Coverage Checklist; Court of Appeal Rejects Late Notice Defence; Amendments to Rules onRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Michael Kryworuk discussed the Superior Court’s decision in Beazley v. Johnston et al., 2022 ONSC 1739. History of the Litigation This interim ruling in a series of summary judgment motions considered whether the self-represented plaintiff, Mr. Cary Beazley, met the threshold requirement for qualification asRead More
Adjournment of Trial Due to Summary Judgment Motion Denied
In Atsaidis v. Sanford, 2022 ONSC 1690, the defendant raised a limitations defence in a personal injury action arising from an incident in 2013. In November 2020, a trial date of June 2022 was scheduled. Subsequently, in March 2022, the parties, on consent, sought to adjourn the pre-trial conference andRead More
Golf Club Neighbours Miss their Shot at Injunction
By Emily Vereshchak Overview In Horan v. Marlwood Golf and Country Club, 2022 ONSC 1806 (CanLII), the plaintiffs commenced an action against the defendants seeking damages as a result of golf balls that were landing on their property from the defendants’ neighbouring golf course. The plaintiffs then brought a motionRead More
Changes to Rules of Civil Procedure on Confirming Motions and Applications
A new regulation to amend the Rules of Civil Procedure comes into force on April 23, 2022. The main change is that motion and application confirmation forms will have to be submitted by moving parties and applicants five days prior to the hearing date, instead of three days. If respondingRead More
Court of Appeal to Resume In-Person Hearings
The Ontario Court of Appeal has advised that it will resume hearing appeals and panel motions in person on April 4, 2022. Single motions, purge court, and status court will continue to be heard remotely until further notice. An announcement from the Court of Appeal indicates: “In-person attendance is ordinarilyRead More
Fridays with Rogers Partners
At our weekly meeting, Pip Swartz discussed the recent decision of the Divisional Court in Dunbar et al v. Ontario Gaming West GTA Limited Partnership, 2022 ONSC 1096, regarding the applicable rules for a casino game. Summary The underlying action in Dunbar et al v. Ontario Gaming West GTA LimitedRead More
New Superior Court Guidelines on Mode of Proceedings
The Ontario Superior Court of Justice has issued guidelines on the mode of proceedings, which take effect on April 19, 2022. The guidelines set out the default position of the Court on whether a matter should proceed in person, virtually, or in writing. The following events will proceed virtually (byRead More
Medical Negligence, Misnomer, and Discoverability
By Erin Crochetiere The action in Spry v. Southlake Regional Health Centre et al., 2022 ONSC 1783 involved a claim for medical negligence following the plaintiff’s attendance at the emergency room at Southlake Regional Health Centre (“Southlake”) on February 16, 2018. The plaintiff commenced an action against Southlake, Peter Ko,Read More
Stephen Ross and Natalia Sheikh Involved in Law Society Torts Conference
Stephen Ross will be speaking at the upcoming Law Society of Ontario conference, “Substantive Law for Litigators: Torts“. Stephen’s topic is Municipal and Government Liability. The conference will be held online on March 30, 2022. Natalia Sheikh has co-authored a paper with Stephen for the conference. The other topics atRead More
Kevin Adams Speaking at Osgoode Certificate Program
Kevin Adams will be involved in the Osgoode certificate program on “Motor Vehicle Accident Law and Practice: Tort and Accident Benefits“. The program covers numerous topics related to motor vehicle accident claims and is being held over five days, starting on April 5, 2022. Kevin will be presenting on LossRead More
Fridays with Rogers Partners
At our weekly meeting, Annie Levanaj discussed the recent decision on the Court of Appeal in Hunter v. King 2022 ONCA 190. This decision arose from a motor vehicle accident that occurred on March 14, 2012. The plaintiff, Andrew Hunter, was struck from behind by the defendant, Elvira King’s vehicleRead More
Court Dismisses Summary Judgment Motion Due to Delay in Bringing Motion
In Doef v. Hockey Canada et al, 2022 ONSC 1411, one of the issues was the timing of a summary judgment motion. The plaintiff sustained a spinal injury while playing in a hockey tournament. He made an insurance claim. There was a dispute over whether the plaintiff met the criteria in theRead More
New Light for the Tort of False Light? British Columbia Supreme Court Recognizes False Light as Potentially Tenable Privacy Claim
By Christopher MacDonald On February 7, 2022, the Supreme Court of British Columbia recognized the tort of false light as a potentially legally tenable claim for the first time in the decision of Durkin v. Marlan, 2022 BCSC 193. As discussed below, the Durkin decision shows that the trend acrossRead More
Court Denies Conditional Striking of Jury Notice in Claim Involving Municipality
The decision in Dhaliwal et al. v. Gill et al., 2022 ONSC 1445, arises out of a motor vehicle accident. A municipality was named as a defendant and a third party. One of the defendant drivers, Gill, entered a jury notice. Section 108(2)(1)(xii) of the Courts of Justice Act prohibitsRead More
Stephen Ross Recognized as Leading Lawyer in Lexpert
Stephen Ross has been recognized by his peers for inclusion in the 2022 Canadian Lexpert Directory. The identification of leading practitioners for the Lexpert Directory is based on a comprehensive annual survey. The lawyers named in the Lexpert Directory are acknowledged as leaders in their respective fields, prominent in theirRead More
Fridays With Rogers Partners
At our weekly meeting today, Michael Kryworuk discussed the Court of Appeal’s decision in Continental Casualty Company v. Chubb Insurance Company of Canada, 2022 ONCA 188. The appeal involved a priority dispute between insurers regarding Statutory Accident Benefits Schedule (SABS) coverage, where the claimant had basic mandatory SABS coverage underRead More
Court Extends Time Limit for Discovery in Simplified Procedure Action
In a previous blog post, we discussed a decision in which Associate Justice Jolley held that the court does not have discretion to extend the three hour time limit for examinations for discovery in Simplified Procedure actions. More recently, in Blue v. Metro Ontario Inc., 2022 ONSC 1283, Associate JusticeRead More
The Court of Appeal of Ontario Affirms the Exclusive Jurisdiction of the License Appeal Tribunal over Statutory Accident Benefits Disputes
By Athina Ionita The Court of Appeal in Yang v. Co-operators General Insurance Company, 2022 ONCA 178,confirmed the exclusive jurisdiction of the License Appeal Tribunal (LAT) over disputes concerning Statutory Accident Benefits (SABs). The decision underlying the appeal concerned a motor vehicle accident, where the plaintiff claimed damages in theRead More
Happy International Women’s Day
Today we come together to celebrate International Women’s Day to acknowledge the achievements and incredible work of the women at our firm and women everywhere. We are fortunate to have such strong, diverse, and talented women on our team.Read More
New Requirements for Electronic Signatures
The Ontario Ministry of the Attorney General issued a Notice to the Public and Legal Profession on February 24, 2022 in regards to electronic signatures. Electronic signatures on court documents have to be in one of the following formats: a certificate-based digital signature on a digital document (i.e., a markRead More
Meryl Rodrigues Speaking at Osgoode Personal Injury Conference
Meryl Rodrigues will be speaking at the Osgoode Personal Injury Law and Practice Conference on March 29, 2022. This is the 17th annual version of the conference. It will be held online. Meryl will be presenting on “The Latest in Damages”. The other topics at the conference are: Top CasesRead More
Fridays with Rogers Partners
At our weekly meeting, Pip Swartz discussed the recent decision of the Ontario Superior Court in Dhillon v. City of Cambridge, 2021 ONSC 7385. Overview On August 15th, 2016, Mohammad Hadi’s dog, identified as named “Chewy”, bit Interpal Dhillon at Mohammad’s residence. Among other parties, Interpal sued Animal Services CambridgeRead More
New Motion Confirmation Deadline for Short Motions and Applications in Toronto
The Ontario Superior Court of Justice’s Notice to the Profession for the Toronto Region has been updated. For short motions and applications in Toronto, the motion confirmation form has to be emailed to JUS.G.MAG.CSD.CivilMotionsConfirmation@ontario.ca by 2:00 p.m. five days prior to the hearing, excluding weekends and holidays. This is aRead More
Dispute Over Production of Medical Assessment Centre File, Surveillance, and Benefits File
One of the issues in Dulude v. Lawrence et al., 2022 ONSC 1034, was whether the plaintiff was entitled to obtain production of the complete file of a medical assessment centre, except for draft reports. The defendants arranged with Soma Medical Assessments for the plaintiff to attend three defence medicalRead More
Plaintiff Ordered to Sign Authorization for Defence Medical Exam
In Khatatbeh v. Quispe, 2022 ONSC 933, the defendant scheduled a defence medical examination with a psychiatrist. The psychiatrist asked the plaintiff to sign an authorization or release. The plaintiff refused to sign it on the basis that it required her to disclose any medical conditions or medical problems thatRead More
Fridays with Rogers Partners
At our weekly meeting, Annie Levanaj discussed the recent decision of the Court of Appeal in Graham v. Toronto (City), 2022 ONCA 149. Background The action arose after Ms. Robyn Graham tripped on a pothole in a pedestrian crosswalk in Toronto on January 2, 2018, suffering injuries as a result.Read More
Updated Participant Information Form
The Ontario Superior Court of Justice has updated the Participation Information Form. This form replaces counsel slips. It is required to be submitted in hearings using CaseLines and can be used in other hearings as well.Read More
Taylor v. Mayes: A Case Study in Highway Winter Maintenance Actions