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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

Limitation Periods and a ‘Continuing Contravention’

By: Antoinette Monardo The Ontario Superior Court of Justice recently released its decision in Tyszko v. St. Catharines (City), 2023 ONSC 2892. This decision addresses the 2-year and 15-year ultimate limitation periods, and clarifies what constitutes a continuing contravention/continuing cause of action. Context In 2002, the City of St. CatherinesRead More

World Mental Health Awareness Day

Thank you to our Equity, Diversity and Inclusion Committee for enlightening us on issues related to mental health. Today is World Mental Health Awareness Day. The overall objective of this day is to raise awareness of mental health issues and, specifically, to unite people behind the theme “Mental health is aRead More

Fridays with Rogers Partners

At our weekly meeting, Itai Gibli discussed the recent decision of the Ontario Superior Court in Barry v. His Majesty the King in Right of Ontario, 2023 ONSC 4299. Overview The plaintiff brought an action against the Crown for damages arising from an alleged trip and fall. The Court dealtRead More

National Day for Truth and Reconciliation

Our Equity, Diversity and Inclusion Committee has provided our firm with information on National Day for Truth and Reconciliation, otherwise known as Orange Shirt Day. Prior to its recognition as a federal holiday, Orange Shirt Day began as a grassroots initiative by Phyllis Jack Webstad, a Northern Secwepemc from theRead More

Fridays with Rogers Partners

At our weekly meeting, Samuel Pevalin discussed the recent decision of the Divisional Court in Kellerman-Bernard v. Unica Insurance Company, 2023 ONSC 4423. Summary The Divisional Court ruled that an insured person is eligible to apply for catastrophic impairment (CAT) designation under the Statutory Accidents Benefit Schedule (“SABS”) whether or notRead More

Fridays with Rogers Partners

At our weekly meeting, Megan Chan discussed the recent decision of the Ontario Superior Court in Mohamud v. Juskey, 2023 ONSC 4414. This decision arose from a motion by the defendants to compel the plaintiff to attend a defence medical examination, and disclose the contents of her social media accounts.Read More

Punitive and Aggravated Damages Without a Main Claim? Think Again.

By Amanda Colarossi In Imeri et al v. Laidman et al, 2023 ONSC 5095, the plaintiff, who previously settled their accident benefits claim against Aviva (the priority insurer) attempted to bring a claim in punitive and aggravated damages against TD General Insurance (“TD”) for non-payment of accident benefits. TD broughtRead More

Rogers Partners Summer 2023 Newsletter

We’re pleased to present our Summer 2023 Newsletter. We hope you find the following topics to be of interest: Landlord Not Liable When Tenant’s Dog AttacksWhen is a Municipality Liable in a Motor Vehicle Accident?Weighing the Public Interest on Anti-SLAPP MotionsIs a Passenger Injured in a Stolen Vehicle Excluded fromRead More

Weighing the Public Interest on Anti-SLAPP Motions

By Emmanuel Couture-Tremblay The recent decision of the Ontario Superior Court of Justice in Armstrong v. Farahi, 2023 ONSC 5069 dealt with a motion to dismiss a defamation action as an impermissible SLAPP (Strategic Lawsuits Against Public Participation) lawsuit. Facts In this case, the defendant Amir Farahi wrote a ColumnRead More

Fridays with Rogers Partners

At our weekly meeting, Eli Feldman discussed the recent decision of the Ontario Court of Appeal in Beardwood et al. v. The City of Hamilton, 2023 ONCA 436. Introduction In Beardwood et al. v. The City of Hamilton, 2023 ONCA 436 (“Beardwood”), the Ontario Court of Appeal (the “ONCA”) consideredRead More

Defrauded Company Failed to Recover from Fraudster’s Wife

By Nasra Esak In Sase Aggregate Ltd. v. Langdon, 2023 ONCA 554, the Court of Appeal considered a defrauded company’s attempt to recover stolen funds not from the employee who committed the fraud, but from the employee’s spouse. The case recognizes the significance of proper tracing, knowledge, and the applicationRead More

Fridays with Rogers Partners

At our weekly meeting, Itai Gibli discussed the recent decision of the Ontario Divisional Court in Corion v. Plummer, 2023 ONSC 3249. Overview The Divisional Court heard an appeal of a Small Claims Court trial decision dismissing a defamation action brought by the appellant. The decision provides insight into howRead More

Landlord Not Liable when Tenant’s Dog Attacks

By Riley Groskopf The Ontario Superior Court of Justice recently released its decision on a summary judgement motion in Walpole v. Brush, 2023 ONSC 4869. The decision addresses the liability of a landlord for a dog bite on its premises, when the premises has been rented out to tenants. FactsRead More

Multiple Lawyers from Rogers Partners Recognized in The Best Lawyers in Canada

Rogers Partners LLP is pleased to announce that the following lawyers have been recognized in the 2024 edition of The Best Lawyers in Canada™:  Stephen Ross, Kevin Adams, Anita Varjacic, Brian Sunohara, David Rogers, and Jason Frost.Read More

The Evidentiary Burden for Seeking Examination of a Non-Party

By Michael Kryworuk On August 15, 2023, the Ontario Superior Court released its decision in Rupani v. Willett, 2023 ONSC 3743, dismissing a motion by the defendants in a motor vehicle accident claim, seeking leave of the Court for an examination of two non-parties. History of the Litigation: This caseRead More

Friday with Rogers Partners

At our weekly meeting, Megan Chan discussed the recent decision of the Ontario Court of Appeal in Ahluwalia v. Ahluwalia, 2023 ONCA 476. Overview: The Ontario Court of Appeal has overturned the Superior Court’s decision, in which the new tort of family violence was established. The Court of Appeal foundRead More

Threshold Motion: The Impact of Loss of Income Awards

By Katrina Taibi Overview: The Court in Ramcharran v. State Farm Mutual Automobile Insurance,[1] heard a threshold motion and concluded that the plaintiff’s injuries met the statutory threshold under the Insurance Act, as well as the additional requirement for unidentified and underinsured motorist coverage. Background Facts: On February 12, 2010,Read More

In Memory of John Strung

We are very saddened to learn of the recent passing of John Strung. A founding partner of the firm, John retired from the practice of law in 2011 following a brilliant career. John was a wonderful mentor and friend to many at the firm. He will be remembered for hisRead More

Fridays with Rogers Partners

At our weekly meeting, Eli Feldman discussed the saga of Beaudin v. Travelers Insurance Company of Canada. On June 15, 2023, the Supreme Court of Canada (the “SCC”) denied Travelers Insurance Company of Canada (“Travelers”) leave to appeal, marking the end of Beaudin v. Travelers Insurance Company of Canada, 2022Read More

Cultural Potluck Lunch

It was great to experience food from around the world at our Cultural Potluck Lunch today! Special thanks to our Equity, Diversity and Inclusion Committee for organizing the lunch and to all those who brought in food from their cultural heritage!Read More

The Lower Evidentiary Burden for Plaintiffs on Anti-SLAPP Motions

By Kathryn Orydzuk In 2015, the Ontario Legislature passed the Protection of Public Participation Act, S.O. 2015, c. 23, which introduced a powerful motion to counter “Gag Proceedings” or “Strategic Lawsuits Against Public Participation” into the Courts of Justice Act, R.S.O. 1990, c. C. 43. The motions provide a defendantRead More

Fridays with Rogers Partners

At our weekly meeting, Itai Gibli discussed the recent decision of the Ontario Superior Court of Justice in Alsous v. Shahin, 2023 ONSC 3995. Overview The Court dismissed a motion for an order directing a civil and family proceeding to be consolidated, heard together, or heard sequentially. The Court heldRead More

When is a Municipality Liable in a Motor Vehicle Accident?

By Jennifer Singh In Morris et al. v. Prince et al. [1] the plaintiff was involved in a pedestrian accident, wherein he was hit by the defendant, operating a pickup truck. The plaintiff commenced an action against the defendant driver as well as the City of London. One of theRead More

2023 Summer Party

We had a fun time yesterday at our employee summer party at Ballroom Bowl! It was nice to get together with great people!Read More

The Difference between Some Prejudice and Substantial Prejudice

By Jordan Petruska In Tsivaras v. The Cadillac Fairview Corporation, 2023 ONSC 3973, the defendant, Cadillac Fairview Corporation (“Cadillac”), brought a motion to dismiss the action for delay under subrule 24.01(1)(c) of the Rules of Civil Procedure, RRO 1990, Reg 194(“the Rules”). The court did not dismiss the action forRead More

A Call for Action on Delay in the Civil Justice System

Stephen Ross is a member of The Advocates’ Society’s Civil Justice Delay Task Force.  As part of the Task Force, Mr. Ross, with the assistance of Katrina Taibi, contributed to an article written by The Advocates’ Society on the issue of civil justice delays, titled “A Call for Action onRead More

Spilled Coffee at Drive-Thru Not an “Accident”

By Samuel Pevalin, Student-at-Law Overview The Licence Appeal Tribunal (LAT) considered the issue of what constitutes an “accident” under 3(1) of the Statutory Accidents Benefits Schedule (“SABS”) in Rathbone v. Co-operators General Insurance Company, 2023 CanLII 58468. The applicant, Mr. Rathbone, sustained injuries when he ordered a coffee at a drive-thru andRead More

Alleged Solicitor’s Negligence: Motion to Set Aside Default Judgment Denied

By Erin Crochetière The court in Gillespie v. Fraser, 2023 ONSC 4183, dismissed a defendant’s motion to set aside default judgment in circumstances where defence counsel was negligent. The facts of the case are unusual. The plaintiff’s mother was murdered by her father and he was convicted and sentenced toRead More

Celina Fotiadis Joins Rogers Partners

We’re pleased to welcome Celina Fotiadis to Rogers Partners LLP! Celina joins us from a firm in Barrie where she practiced insurance defence and personal injury law for several years. Celina is experienced in defending claims involving motor vehicle accidents, occupiers’ liability, product liability, professional negligence, and property damage. We’reRead More

Fridays with Rogers Partners

At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court of Justice in Co-operators General Insurance v. Doobay, 2023 ONSC 4075. Overview This costs hearing followed an action that involved two claims, one where the insurer claimed the return of benefits paid, plus damages, andRead More

Time is of the Essence: Missed Limitation Period = Missed Opportunity

By Annie Levanaj In Filippova v. Cross, et al., 2023 ONSC 3777, the plaintiff, a nursing student, filed a lawsuit against her college, a long-term care home she received training from, and its employees after being removed from the nursing program in November 2020. The plaintiff commenced her original actionRead More

Welcome to Our New Articling Students!

Our new articling students started with the firm today. Welcome to Megan Chan, Eli Feldman, Itai Gibli, and Samuel Pevalin!Read More

Fridays with Rogers Partners

At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Ali v. Irfan, 2023 ONSC 3239. Overview: The Court considered whether an action for loss of competitive advantage (“LOCA”) should be dismissed by way of a non-suit motion or by declining to put theRead More

The Appraisal Process – A Fundamental Tool for Resolution

By Antoinette Monardo The Ontario Superior Court of Justice recently released its decision in The Dominion of Canada General Insurance Company v. Nelson, 2023 ONSC 386. This decision addresses the issues of jurisdiction and judicial review in the appraisal process. Context In October 2017, the Respondent’s home was destroyed inRead More

Staff Get Together

Several members of our staff had a fun time at King Taps last night. It was great to get together outside of the office!Read More

Jordan Petruska Joins Rogers Partners

We’re delighted to welcome Jordan Petruska to Rogers Partners LLP as an associate. Jordan has a broad civil litigation practice, including defending claims involving motor vehicle accidents (tort and accident benefits), occupiers’ liability, and product liability. Prior to joining the firm, Jordan was in-house counsel for a national insurance company.Read More

Jason Frost Joining Rogers Partners

Rogers Partners LLP is very happy to welcome Jason Frost to the firm and the partnership. Jason is an industry expert with extensive experience handling statutory accident benefits disputes and disputes between insurers. We are excited to have Jason continue his successful insurance defence litigation practice with Rogers Partners LLPRead More

LAT Tales: Can They Be Litigated? Res Judicata and Late Disclosure

By Amanda Colarossi Overview In Dahi v. Certas Home and Auto Insurance Company, 2023 CanLII 32797, the applicant was involved in an accident on January 29, 2015 and sought payment of accident benefits from the respondent. The issues in dispute were whether the claimant was catastrophically impaired under Criterion 7,Read More

Fridays with Rogers Partners

At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Court of Appeal in Bothwell v. London Health Sciences Centre, 2023 ONCA 323. Overview: The Court of Appeal considered the test for a compensable psychological injury and whether feelings of shock, frustration, and anger meet this test.Read More