RP Blog
Improperly Naming a Party Without Legal Capacity – Not a Simple Misnomer
By Antoinette Monardo In Little v. Bramcan Investments Limited, 2024 ONSC 1485, the plaintiff was an undischarged bankrupt at the time the action was commenced. The Ontario Superior Court of Justice determined that the action not being brought in the name of the trustee in bankruptcy was not a simpleRead More
Multiple Rogers Partners LLP Lawyers Recognized as Best Lawyers Award Recipients
Rogers Partners LLP is pleased to announce that the following lawyers have been included in the 2025 edition of The Best Lawyers in Canada™: Stephen Ross, Kevin Adams, Anita Varjacic, Brian Sunohara, David Rogers, and Jason Frost.Read More
Fridays with Rogers Partners
At our weekly meeting, Miranda Lacalamita discussed the recent decision of the Ontario Superior Court of Justice in McKee v. Shahid, 2024 ONSC 4258, granting the defendant’s motion to strike the plaintiff’s pleadings in its entirety, but allowing the plaintiff to amend the claim to plead one cause of action.Read More
When Are the Reasons Provided by a Judge Insufficient?
By Sebastian di Domenico In Willick v. Willard, 2023 ONCA 792, the Ontario Court of Appeal dismissed the appeal of the plaintiffs who argued, among other things, that the trial judge erred in law by failing to provide sufficient reasons. This was a complex medical malpractice case. On March 10,Read More
Fridays with Rogers Partners
At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Court of Appeal in Morrissey v. Wawanesa Insurance Company, 2024 ONCA 602, allowing a plaintiff’s appeal, finding that both the Licence Appeal Tribunal and Division Court erred in their interpretation and application of O. Reg. 403/96, StatutoryRead More
The New Rule for Bifurcation
By Megan Chan The new Rule 6.1.01(1) of the Ontario Rules of Civil Procedure came into effect on July 1, 2024. This new Rule was considered in LaPointe v. Simcoe Muskoka Catholic District School Board, 2024 ONSC 4040. The action involved personal injuries suffered by Hudson LaPointe while playing inRead More
Fridays with Rogers Partners
At our weekly meeting, Jaaron Pullenayegem discussed the recent decision of the Ontario Court of Appeal in Hasan v. Trillium Health Centre (Mississauga), 2024 ONCA 586, dismissing a doctor’s appeal in a medical malpractice case, and upholding the trial judge’s conclusions. Overview The plaintiff, Mr. Hasan, suffered a stroke andRead More
Internet Attacker Misses Appeal Deadline
By Shannon Mascarenhas The case of Clancy v. Farid, 2024 ONCA 568, certainly has a colourful history. For an in depth summary of the case in the lower court, see our firm’s blog post from earlier this year. In short, this was a claim for defamation brought by 53 plaintiffsRead More
Welcome To Our New Articling Students!
We’re excited to announce that our new articling students have started at Rogers Partners LLP! Miranda Lacalamita, Jaaron Pullenayegem, Heera Sen, and Sarah Sevier recently completed law school and are one step closer to becoming lawyers. We’re thrilled to have them on board!Read More
Leave to Amend Pleadings is Not an Absolute Right
By Sebastian di Domenico In McFadden v. Psutka, 2024 ONCA 203 (CanLII), the Ontario Court of Appeal addressed an appeal from the dismissal of the appellants’ motion for leave to amend their claim. This case arises from alleged negligent treatment provided by the respondent, Dr. David J. Psutka. The motionRead More
2024 Summer Social
Our team had a blast at last night’s Blue Jays game for our Summer Social event! It was an evening filled with fun, camaraderie, and great memories!Read More
Amending Pleadings – A Reminder of Relevant Rules and Requirements
By Riley Groskopf The recent decision in Wiseway Global Canada Consulting Ltd. v. Shen, 2024 ONSC 4005, concerned a motion before the Superior Court of Justice seeking to make a series of amendments to a Statement of Claim after the completion of discoveries, pursuant to Rule 26.01 of the RulesRead More
Nunc Pro Tunc Orders – When Can a Court Back-Date the Issuance of a Claim?
By Nasra Esak In a recent decision of the Ontario Court of Appeal, Norman Towing (7344508 Canada Inc.) v. Riordan Leasing Inc., 2024 ONCA 518, the Court of Appeal outlined the relevant factors courts must consider when granting a nunc pro tunc order. Nunc pro tunc (latin for “now forRead More
Municipality Feels the “Butterfly Effect” on its Highway Maintenance Obligations
By Michael Kryworuk On April 18, 2024, Justice Adrianna Doyle of the Ontario Superior Court of Justice in Bellville released her decision in The Corporation of the Municipality of Marmora and Lake v. His Majesty the King in Right of Ontario, 2024 ONSC 2254. This matter concerned an application broughtRead More
2024 End of Term Dinner
Several lawyers from our firm attended last night’s End of Term Dinner. Thank you to The Advocates’ Society for organizing such a wonderful event. We had a great time catching up with friends and colleagues!Read More
Summary Judgment Motions: Don’t Appeal Before the Motion is Complete
By Katrina Taibi Overview: In Athanassiades v. Rogers Communications Canada Inc.,[1] the Court of Appeal concluded that absent truly exceptional circumstances, a summary judgment motion should not be appealed until it is complete. Background Facts: The plaintiff, Andrew Athanassiades, brought an action against the defendant, Rogers Communication Canada Inc. (“Rogers”),Read More
COVID Business Interruption Coverage Denial Upheld by ONCA
By Kathryn Orydzuk Background The appellants/plaintiffs appealed the June 5, 2023 decision of Penny J. of the Ontario Superior Court (Workman Optometry Professional Corporation v. Certas Home and Auto Insurance, 2023 ONSC 3356), which was heard by the Ontario Court of Appeal on June 12, 2024 (Workman Optometry Professional CorporationRead More
Denial of Fraudulent Insurance Claim Upheld on Appeal
By Jennifer Singh The Appeal in Legault v. TD General Insurance Company, 2024 ONCA 439, arose from a trial decision dismissing an action brought by Shelley Legault against TD Insurance Company (“TD”) relating to TD’s denial of Ms. Legault’s claim under her homeowner’s insurance policy following a fire at herRead More
Congratulations to Megan Chan and Eli Feldman!
Megan Chan and Eli Feldman have successfully completed their articling term with Rogers Partners LLP and will be joining the firm as associates following their call to the Bar in July. Megan and Eli will be excellent lawyers. We wish them continued achievement!Read More
OBA Anatomy of a Trial Conference
The Ontario Bar Association’s Anatomy of a Trial Conference is back by popular demand! It will be held on June 13 and 14, 2024, in person in Toronto and by webcast. Two of our lawyers are part of the stellar faculty. Stephen Ross will be moderating a demonstration of ClosingRead More
Keeping a Party in an Action Can (and Sometimes Should) Lead to Paying Costs
By Jordan Petruska In Zaza v. Toronto, 2024 ONSC 2931, the defendant, Beasley Enterprises Limited was ordered to pay costs to the co-defendant, The City of Toronto for keeping them in the action and failing to conform to the defence and indemnity provisions of their licence agreement. Background This actionRead More
Farid Mahdi Joins Rogers Partners
Rogers Partners LLP is happy to announce that Farid Mahdi has joined the firm as an associate lawyer! Farid previously practiced at plaintiff and defence law firms, and has a thorough understanding of the thought process behind resolving and litigating claims from both the plaintiff and defence perspectives. Welcome Farid!Read More
The Applicability of a Pollution Exclusion in Determining the Duty to Defend
By Emily Vereshchak In Construction Distribution & Supply Company Inc. v. Continental Casualty Company (CNA Insurance), 2024 ONCA 405, the Court of Appeal analyzed the applicability of an exclusion clause in an insurance policy in relation to pollution liability. The appellant, Continental Casualty Company (“Continental”), appealed the decision of theRead More
Liability of Landlords for Dog Bites Occurring on Their Premises
By Erin Crochetière The Court of Appeal for Ontario recently considered the liability of landlords for dog bites occurring on premises they own, in the case of Walpole v. Crisol, 2024 ONCA 400. The appellants, the Walpole family, were visiting the home of the defendants, Tammy Brush and Larry Ostertag, whenRead More
Beware of the Surface – Statutory Defences Available for Municipalities
By Elizabeth Branopolski In the recent decision of the Ontario Superior Court of Justice, Hamilton-Dawkins v. Town of Ajax, 2024 ONSC 2152, the Court considered whether the Town of Ajax was able to rely on the statutory defences available under s. 44 of the Municipal Act to avoid liability. Background TheRead More
Rogers Partners Presents at OIAA Kawartha/Durham Spring Education Day
Thank you to the Ontario Insurance Adjusters Association Kawartha/Durham Chapter for inviting us to speak at their Spring Education Day. David Rogers, Jason Frost, Andrew Yolles, Meryl Rodrigues, and Antoinette Monardo presented at the seminar. It was great to see new and familiar faces!Read More
A Helpful Reminder about Pleadings
By Antoinette Monardo In Rivard v. Kingston Police, 2023 ONSC 6627, the Divisional Court simultaneously grappled with a motion to strike out an amended statement of claim, and a cross-motion for leave to amend the amended claim. Context On September 7, 2018, the plaintiff (respondent on appeal) was involved inRead More
Experts and Settlement Proposals Don’t Mix
By Cameron Allan A recent decision from the Ontario Superior Court of Justice serves as a reminder for counsel to carefully consider the types of documents being provided to their expert witnesses for the preparation of expert reports. In Simmermon v. Djoudad et. al., 2024 ONSC 2388, a motion judgeRead More
Brian Sunohara Speaking at Straight From The Bench Conference
One of our partners, Brian Sunohara, has been invited to speak at the Middlesex Law Association’s Straight from the Bench Conference 2024, which will be held on May 6, 2024 in London. The conference will feature six judges, including a keynote address by the Chief Justice of Ontario, The HonourableRead More
Bullying is Never Okay
By Celina Stoan Overview The case of Clancy v. Farid (liability decision reported at 2022 ONSC 947, and damages decision reported at 2023 ONSC 2750) involved 53 individually named plaintiffs and one defendant, Tanvir Farid. The plaintiffs resided in Canada, the United States and Ireland, and all but one wereRead More
Sebastian di Domenico Joins Rogers Partners
We’re pleased to announce that Sebastian di Domenico has joined Rogers Partners as an associate lawyer! Sebastian previously gained experience representing insurers in occupiers’ liability and automobile accident (tort and accident benefits) claims, and he also acted for plaintiffs in medical malpractice and a variety of personal injury cases. WelcomeRead More
2024 Practice Management Seminar & Dinner
Our lawyers and students gathered last week for our Practice Management Seminar. We hold this event each year as part of our ongoing training program. We discussed strategies for handling files at the initial stage, privilege disputes at discoveries, time management, delegating to support staff, and achieving milestones as lawyersRead More
Compelling Discovery and Striking Pleadings
By Riley Groskopf A recent motion was brought at the Superior Court of Justice regarding the producibility of individuals under disability for discovery, and the refusal of a party to do so. The motion decision in Antczak v. Avakian, 2024 ONSC 1715 serves as a good reminder of the fundamentalRead More
Late Notice and Lack of Duty of Care: Dismissal of Municipality Trip and Fall Claim
By Nasra Esak In Marderosian v. City of Niagara Falls, 2024 ONSC 1043, the Corporation of the City of Niagara Falls brought a summary judgement motion to determine whether the plaintiff’s claim was barred for lack of timely notice, as well as whether it had a duty of care toRead More
Cameron Allan Joins Rogers Partners
We’re very happy to welcome Cameron Allan to Rogers Partners LLP as an associate lawyer! Cameron practiced at a civil litigation firm in Thunder Bay before recently moving back to Southern Ontario. He handles a wide variety of personal injury and property damage claims.Read More
Stephen Ross and Jack Fitch Recognized as Leading Lawyers in Lexpert
Stephen Ross and Jack Fitch have been recognized by their peers for inclusion in the 2024 Canadian Legal 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,Read More
Discharging a Jury: How Much Explanation is Required from a Trial Judge?
By Katrina Taibi Overview: In Penate v. Martoglio[1] the Court of Appeal concluded that when a trial judge discharges a jury, they must explain their reasons for doing so beyond conclusory remarks. Background Facts: The plaintiff, Norman Penate, was born on July 15, 1996 at St. Michael’s Hospital in Toronto. Read More
Driver’s Deception Ends in Denied Coverage
By Kathryn Orydzuk The decision in Wong v. Aviva Insurance Company of Canada, 2024 ONSC 1111, addresses an unusual scenario involving a denial of insurance coverage after the insureds lied about who was driving the defendant vehicle. Wong was the driver of a vehicle involved in an accident in 2019 withRead More
LAT TALES (Div. Ct. Edition): “Minor Injury” vs. “Subject to MIG Limits” and entitlement to s. 25 In-Home Assessments (and potentially, Attendant Care Benefits)
By Jennifer Singh This matter of Co-Operators Insurance Company v. Bennett[1] concerns an appeal by Co-operators General Insurance Company (“Co-Operators”) from a LAT decision which determined that the respondent, Helen Bennett, was eligible for funding for an attendant care benefit assessment, given that she had been removed from the MinorRead More
2024 Associates Appreciation Dinner
We had a wonderful time last night at the home of our senior partner, Stephen Ross, for our Associates Appreciation Dinner!Read More
Reasonable Evidence Must be Met Before a Jury Quantifies Special Damages
By Jordan Petruska Barry v. Anantharajah, 2024 ONSC 740, arose out of a motor vehicle accident where the plaintiff was hit by a motor vehicle while crossing a crosswalk. The plaintiff made a claim for special damages including loss of income, loss of competitive advantage and loss of earning capacity.Read More
Electronic Messages Between Spouses Have an “Extremely High” Expectation of Privacy
By Emily Vereshchak In Howell, McDonnell v. Freire, Aviva Insurance, Echelon Insurance, 2024 ONSC 586, the Court considered whether the time, expense, prejudice and volume of documents contained in months of private electronic messages between alleged spouses ought to be produced to determine if the plaintiff’s action was properly commencedRead More
An Expanded Approach to Vicarious Liability under the Highway Traffic Act
By Erin Crochetière The Court of Appeal for Ontario recently expanded the applicability of the vicarious liability provision outlined in s. 192(2) of the Highway Traffic Act in Desrochers v. McGinnis, 2024 ONCA 63. The case involved an accident whereby the plaintiff, Megan, was operating an ATV on a dirtRead More
To See or Not To See: Claiming For Damages After Witnessing Fatal Car Accident
By Elizabeth Branopolski In Bustin v. Quaranto, 2023 ONSC 5732, Vince Quaranto (“the defendant”) brought a motion to strike a claim brought by a bystander alleging personal injuries arising from witnessing a motor vehicle accident. The court determined the plaintiff alleged sufficient material facts in his claim to establish aRead More
Expert Opinions: Beware a Biased Expert
By Celina Stoan In Denman v. Radovanovic, 2022 ONSC 4401, following a July 18, 2022, mid-trial voir dire, Justice Ferguson ordered the defence’s expert Dr. Redekop excluded from testifying on the grounds of bias. The 35th paragraph of Her Honour’s decision reads “This is the first time I have doneRead More
Fridays with Rogers Partners
At our weekly meeting, Itai Gibli discussed the recent decision in Horvat v. Alam, 2024 ONSC 51. This decision concerned a disqualification motion, and the Superior Court analyzed whether a lawyer has a conflict of interest by acting as counsel of record in a litigation to which they (1) areRead More
Obtaining a Vexatious Litigant Order – The Process Matters
By Antoinette Monardo The Ontario Court of Appeal’s decision in Williams v. Tuck, 2023 ONCA 452 grapples with a particular issue concerning abuse of process, namely vexatious litigants, and sheds light on the process required to obtain a vexatious litigant order. Context The appellant, David Williams, commenced three actions inRead More
Fridays with Rogers Partners
At our weekly meeting, Samuel Pevalin discussed the recent decision of the Ontario Court of Appeal in Boal v. International Capital Management Inc., 2023 ONCA 840, in which the Court considered the criteria to establish an ad hoc fiduciary duty and whether a claim against the appellant’s financial advisor disclosed aRead More
Fridays with Rogers Partners
At our weekly meeting, Eli Feldman discussed the recent decision of the Ontario Court of Appeal (the “ONCA”) in Baker v. Blue Cross Life Insurance Company of Canada, 2023 ONCA 842, concerning the entitlement of a group disability insurance policy member to long-term disability benefits after suffering a sudden strokeRead More
Holiday Sweater Day
Our firm was looking festive today for Holiday Sweater Day! We wish everyone a safe and happy holiday season!Read More
“Mistaken Priority”: SABS Jurisprudence Inapplicable to Tort Liability Coverage Priority
By Riley Groskopf The Ontario Court of Appeal recently released its decision in BelairDirect Insurance Company v. Continental Casualty Company, 2023 ONCA 834. The decision addresses priority of coverage for motor vehicle accidents outside of the statutory accident benefits context, and issues of mistake. Context A vehicle leasing corporation calledRead More
Fridays with Rogers Partners
At our weekly meeting, Megan Chan discussed the recent decision Ovari v. Brant Community Healthcare System[1], in which the Court considered a motion to strike pleadings for failing to disclose a reasonable cause of action pursuant to Rule 21.01(1)(b). Notably, although the plaintiff was self-represented, the Court granted the defendants’Read More
The Importance of Raising Argument at the Court of First Instance to Preserve a Right of Appeal
By Erin Crochetière The Court of Appeal recently heard an appeal of a trial decision holding the defendant driver liable for a collision with a cyclist and granting over 2.5 million in damages, in Sanson v. Paterson, 2023 ONCA 798. The plaintiff, Ms. Geraldine Sanson, respondent on appeal, was aRead More
Fridays with Rogers Partners
At our weekly meeting, Itai Gibli discussed the recent decision of the Court of Appeal in SIR Corp v Aviva Insurance Company of Canada, 2023 ONCA 778. Facts During the COVID-19 pandemic, Canadian provincial governments and American state governments enacted emergency orders which prevented in-person dining at restaurants (“the Orders”).[1]Read More
When the Private Insurance Exception Does Not Apply
By Kathryn Orydzuk The Ontario Superior Court of Justice recently interpreted and applied the provisions of the Insurance Act intended to address double recovery and the private insurance exception in McCurdy, et al. v Maille, et. al., 2023 ONSC 6857. In the reasons on this post-trial motion regarding collateral benefits,Read More
2023 Holiday Party
A good time was had by all at our employee holiday party last Friday! It was great to get together in a festive atmosphere!Read More
Absences in Reasoning: Are They Legal Errors?
By Katrina Taibi On November 24, 2023, the Ontario Court of Appeal released its decision in Wasylyk v. Simcoe (County).[1] On January 12, 2011, Melinda Wasylyk was driving eastbound on Country Road 88, when she collided with a westbound vehicle operated by Darlene Wos, resulting in catastrophic injuries. Ms. WasylykRead More
Fridays with Rogers Partners
At our weekly meeting, Megan Chan discussed the recent decision Wu v. Di Iorio, 2023 ONSC 6417, in which the Court refused the applicant’s motion for disclosure of a copy of an online server. Background The background of this case involves a lengthy divorce dispute between the applicant, Nancy Wu,Read More
Tricks of the Trade 2024
The popular Tricks of the Trade conference by The Advocates’ Society will be held on January 26, 2024 at The Carlu in Toronto. Two partners from Rogers Partners LLP are involved in the event. Stephen Ross is a co-chair and will be moderating a panel on “Solving Delays in theRead More
Ontario Court of Appeal Closes the “Flood” Gates on Replacement Costs for Compliance with Subsequently-Enacted Bylaws/Regulations
By Michael Kryworuk On November 3, 2023, the Ontario Court of Appeal released its decision in Trillium Mutual Insurance Company v. Emond, 2023 ONCA 729, allowing an appeal from a lower court declaration that an insurer was required to fully cover the replacement costs of its insureds’ flooded property, inclusiveRead More
Fridays with Rogers Partners
At our weekly meeting, Eli Feldman discussed the recent rare split decision of the Supreme Court of Canada (the “SCC”) in R. v. Greater Sudbury (City), 2023 SCC 28, a case that dealt with a fatal accident and the proper interpretation of Ontario’s Occupational Health and Safety Act (the “OHSA”Read More
How Does an Exclusion Clause Affect the Insurer’s Duty to Defend?
By Jennifer Singh In Jack-O’s Sorts Bar v. US Liability Insurance Co., 2023 ONSC 5925, United States Liability Insurance Company (“the insurer”) brought a summary judgment motion to determine whether it had a duty to defend Jack-O’s Sorts Bar and the bar’s owner, Harold Douglas Eakins (“the insureds”), in aRead More
Fridays with Rogers Partners
At our weekly meeting, Itai Gibli discussed the recent decision of the Superior Court of Justice in Interpaving Limited v. Workplace Safety and Insurance Appeals Tribunal, 2023 ONSC 5162, which was an application for judicial review of the Workplace Safety and Insurance Appeals Tribunal’s decision in Decision No. 852/19. BeforeRead More
Happy Diwali!
November 10th marks the start of Diwali, the five day festival of lights celebrated by people of the Hindu, Sikh and Jain faiths. For Hindus, Diwali marks the beginning of the New Year, and is about the return of deities Rama and Sita after 14 years of exile. The festivalRead More
Cautions of Amending a Pleading with Newly Pleaded Facts and Causes of Action
By Jordan Petruska In Monster Snacks Inc. v. David, 2023 ONSC 6223, the plaintiff brought a motion to continue the claim and to amend a fresh statement of claim to particularize new allegations against the defendant. The Court granted an order to continue the claim, but dismissed the plaintiff’s motionRead More
Fridays with Rogers Partners
At our weekly meeting, Samuel Pevalin discussed the recent decision of the Ontario Court of Appeal in 2177546 Ontario Inc. v. 2177545 Ontario Inc., 2023 ONCA 693. In this decision, the Court applied the three-part test established in Celanese Canada Inc. v. Murray Demolition Corp., 2006 SCC 36 for when a partyRead More
When is an Extension for Time Contrary to the Interest of Justice?
By Nasra Esak In a recent decision of the Ontario Court of Appeal, Javid Estate v. Watson, 2023 ONCA 665, the Court of Appeal outlined the relevant factors Courts must consider when deciding on a motion for an extension of time to appeal. This decision serves as a reminder toRead More
Jack Fitch Joins Rogers Partners
We’re delighted to welcome Jack Fitch to Rogers Partners! Jack brings over 40 years of litigation experience to the firm. Certified as a specialist in Civil Litigation by the Law Society of Ontario since 1993, Jack has been frequently recognized by Lexpert as a leader in commercial insurance and personalRead More
Welcome Back Emily Vereshchak!
We’re delighted to announce the return of Emily Vereshchak from maternity leave. Today is Emily’s first day back with the firm, and she’s looking forward to reconnecting with clients and colleagues!Read More
Rogers Partners 2023 Client Party
We had a great time last night at our client party! Thank you to our clients for a memorable evening!Read More
Limitation Periods and Enforcing Orders of the Court
By Emmanuel Couture-Tremblay The recent decision of the Ontario Superior Court of Justice in Gregg v. Thurston, 2023 ONSC 5944, dealt with the applicability of a statutory limitation period to an order of the court. Overview In this case, Sandra Gregg and Lloyd Thurston entered into an agreement during theirRead More
Rogers Partners Hiring Associate Lawyers
Rogers Partners LLP is seeking associate lawyers to join our team. Interested candidates should have two to five years of litigation experience, preferably in the areas of insurance defence or personal injury. Since our founding in 1994, we have specialized in the defence of liability claims and handling insurance coverageRead More
Fridays with Rogers Partners
At our weekly meeting, Eli Feldman discussed the recent decision of the Superior Court of Justice in Singh et al. v. Braich, 2023 ONSC 5053, which concerned a motion that followed an examination for discovery gone awry. Background The underlying action arose out of a motor vehicle accident in JulyRead More
Foreseeability and Proximity v. Foreseeability and Remoteness – Similar, but Distinct
By Celina Stoan On May 4, 2023, the Ontario Court of Appeal heard the appeal of the Town of Milton from the judgment of Justice Mills, dated June 28, 2022, dismissing the third party claim of the Town. In its decision in Case v. Pattison, 2023 ONCA 529, the CourtRead More
Head of Canada’s Insurance and Banking Regulator Floats Backstop Fund to Mitigate Effects of Future Catastrophic Weather Events