RP Blog
Damages in Fatality Claim
The case of Campeau v. Ontario, 2021 ONSC 129, involved a motion for default judgment against the Province of Ontario. A worker was severely injured during the course of his employment and died approximately 90 minutes after the accident in question. The claim was advanced against Ontario by his wife, two children,Read More
Fridays With Rogers Partners
Vicarious Liability of Rental Car Company At our weekly firm meeting, Angeline Bellehumeur, discussed the case of Mamo v. Morgan, 2020 ONSC 7829. Our firm was counsel for two of the defendants in the claim. The Court considered a motion by a rental car company, Practicar, to grant summary judgmentRead More
Amendments to Practice Direction – Gowning and Class Proceedings
The Ontario Superior Court of Justice’s Consolidated Provincial Practice Direction was amended effective January 18, 2021. The amendments address gowning in court, as well as costs outlines and a new Judges’ Book of Authorities in class proceedings. Gowning Requirements Paragraph 59 of the Consolidated Practice Direction indicates that, unless aRead More
Security for Trial Judgment Ordered for First Time in Ontario
By Rebecca Moore Can a court order an appellant to post security for a trial judgment prior to the appellant being permitted to continue with an appeal? In Wiseau Studio, LLC v. Harper,[1] the Court of Appeal ordered this remedy for the first time in Ontario. It is an “extraordinaryRead More
Gemma Healy-Murphy Interviewed by Canadian Underwriter
Gemma Healy-Murphy was recently quoted in Canadian Underwriter in an article called “Additional Insured – The Most Litigated Insurance Concept“. The message from the article is that, if a contract requires a party to be named as an additional insured, make sure that proper insurance coverage has been obtained. Further,Read More
Tricks of the Trade 2021
The popular Tricks of the Trade conference by The Advocates’ Society is coming up on January 29, 2021! It will be held online and will feature four judges and several personal injury and insurance law practitioners. Two lawyers from Rogers Partners LLP will be involved in the conference. Stephen RossRead More
Fridays With Rogers Partners
At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Superior Court of Justice, Deonanan v. Kwan, 2021 ONSC 266. In this decision, the court considered a motion brought before the close of pleadings by Economical Insurance Company – the insurer of one of the defendants. EconomicalRead More
Suspension of Jury Trials Extended
In an updated Notice to the Profession and Public issued yesterday, the Ontario Superior Court of Justice advised that the suspension of jury trials is extended until at least May 3, 2021. Jury trials that are in progress may continue subject to the discretion of the trial judge. Further, theRead More
Further Insight into Deductibility of Collateral Benefits
By Meryl Rodrigues In a recent case before the Ontario Superior Court of Justice, the Court was once again faced with a question surrounding the deductibility of collateral benefits in the motor vehicle accident context. In Finnemore v. Hyde et al[i], which arose from a 2016 motor vehicle accident, theRead More
Tort Action Arising from Injury at Heavy Metal Concert
By Carol-Anne Wyseman In Webster v. Inneractive Security Services Inc.,[1] the Ontario Superior Court of Justice recently granted summary judgment in a case where the plaintiff had sustained injuries at a heavy metal concert while dancing in a crowd. Background In November 2015, the plaintiff went to a heavy metalRead More
Canada Gets Serious About Digital Privacy
By Tom Macmillan In today’s digital society, we give our personal information to organizations all of the time, sometimes unknowingly. Even when we provide an organization with consent to collect our personal information, we often do not know how it is being used or whether it is being shared withRead More
Fridays With Rogers Partners
This morning, at our first weekly meeting of the year, Athina Ionita discussed the case of Trumble v. Soomal, 2020 ONSC 8097. The court considered whether the plaintiff or the defendant is obligated to pay for medical records in a personal injury action. The plaintiff took the position that sheRead More
Assault in Parking Garage: Inadequate Security Measures Did Not Cause Plaintiff’s Loss
By Jocelyn-Rose Brogan Courts have been hesitant to find a defendant liable for damages caused by the intentional tort of a third party. This notion was reinforced in Teglas v. City of Brantford et al, 2020 ONSC 7408 (“Teglas”), a case which involved an assault in a parking garage. JusticeRead More
Two Recent Decisions on Motions to Strike Jury Notices During COVID-19
By Matthew Umbrio In December 2020, Justice Nicholson, of the Ontario Superior Court of Justice (“ONSC”), released two decisions, Solanki v. Reilly (“Solanki”)[1] and Smith v. Muir (“Smith”)[2], addressing motions brought by the plaintiffs to strike jury notices in actions commenced in London. Justice Nicholson’s decisions provide common sense solutionsRead More
New Notice to the Profession for Central East Region
The Central East Region has issued a new Notice to the Profession for civil matters, effective January 4, 2021. The Central East Region is comprised of Barrie, Bracebridge, Cobourg, Lindsay, Newmarket, Durham (Oshawa), and Peterborough. This is a summary: Pre-Trial Conferences Civil pre-trials are being held in all centres in the Region.Read More
Reminder on Amendments to Rules
As a reminder, several amendments to the Rules of Civil Procedure came into force on January 1, 2021. Please see our previous blog post for a summary.Read More
Happy New Year!
From all of us at Rogers Partners, we wish you a Happy New Year! 2020 was a unique and trying year for everyone. Our thoughts are with those who have been impacted by the pandemic. Here’s to brighter days ahead in 2021!Read More
From the Desk of Alon Barda
Virtual Appearances – Let’s Not Turn Back I recently took a look back to an article I wrote in October 2019. We were obviously in a very different time. The title of that article was “Promoting Efficiency in Litigation.” The last subheading in that article was entitled “Time to EmbraceRead More
Notice on Court Proceedings During Lockdown
As a result of the province-wide lockdown, the Ontario Superior Court of Justice issued an updated Notice to the Profession and Public last week. The notice states that, effective December 29, 2020, all non-jury matters should proceed virtually unless in-person attendance is absolutely necessary. This will remain in effect untilRead More
Happy Holidays!
All of us at Rogers Partners wish you a safe and happy holiday season, and the very best in 2021!Read More
Plaintiff’s Lawyer Ordered to Stop Communicating With Defence Experts
In D’Eon v. Hosseini, 2020 ONSC 7500, the court ordered the plaintiff’s lawyer to not communicate with medical experts retained by the defendants’ lawyer. The defendants’ lawyer had scheduled the plaintiff to attend a neuropsychology assessment. Prior to attending the assessment, the plaintiff’s lawyer wrote a lengthy letter to the expertRead More
Court of Appeal Overturns Bifurcation Decision
In a previous blog post, we discussed a decision in which the Divisional Court held that the court has inherent jurisdiction to bifurcate a non-jury case, even when a party does not consent. Last week, the Court of Appeal overturned the decision. In Duggan v. Durham Region Non-Profit Housing Corporation, 2020Read More
Update on Jury Trials
The Ontario Superior Court of Justice issued a new Notice to the Profession and Public last week. The suspension of jury trials has been extended until at least January 29, 2021 in all areas of the province except Green Zones. In areas that are not Green Zones, jury trials willRead More
Fridays With Rogers Partners
At our weekly meeting, Angie Bellehumeur discussed a case address a dispute over the terms of a release. In Terranata Winston Churchill Inc. v Teti Transport Ltd., et al., 2020 ONSC 7577, the Court considered a motion for an order under Rule 49.09 enforcing a settlement reached as between theRead More
Amendments to Occupiers’ Liability Act: Reasonable Excuse and Prejudice
By Brian Sunohara A bill to amend the Occupiers’ Liability Act recently received Royal Assent (it is law), but it is not yet in force. A law does not operate until it comes into force. The Ontario government has yet to announce when the amendments will come into force. AmendmentsRead More
The Relevancy of Social Media – Who Should Decide?
By Gemma Healy-Murphy A recent decision of Master Jolley in Smith v. Jarnell, 2020 ONSC 6433, serves as an important reminder to counsel of the nature of questions required to establish the relevance of a plaintiff’s social media page in the context of a personal injury action. In Smith, theRead More
Update on CaseLines
The Ontario Superior Court of Justice advised on Twitter last week that CaseLines will be expanded to the entire province by July 2021. CaseLines is an online document storage platform that allows counsel and parties to upload documents for review by all participants before and during hearings, including motions andRead More
Rogers Partners Winter 2020 Newsletter
We’re pleased to present the Winter 2020 edition of our newsletter, In|Sight. We hope you find the following topics to be of interest: 1. Assault in Parking Garage: Inadequate Security Measures Did Not Cause Plaintiff’s Loss 2. Tort Action Arising from Injury at Heavy Metal Concert 3. The Scope of Re-ExaminationRead More
Fridays With Rogers Partners
At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Court of Appeal, Zoutman v. Graham, 2020 ONCA 767. In this case, the Court of Appeal heard an appeal brought by Mr. James Graham. The appellant appealed a judgment dismissing his motion under section 137.1 of the CourtsRead More
Jury Notice in London Action Not Struck
In Pietsch et al v. Lyons, 2020 ONSC 7628, the plaintiffs sought to strike a jury notice in a motor vehicle accident case due to complexity and due to delay arising from the COVID-19 pandemic and related prejudice. The case was previously scheduled to be tried on three occasions, butRead More
Misnomer – What Happens if a Plaintiff Gets Its Own Name Wrong?
By Erin Crochetière In Dealer’s Choice Preferred Collision Centre Inc. v. Kircher, 2020 ONSC 7557, the Court considered the applicable test when a motion is brought to amend the named plaintiff pursuant to the doctrine of misnomer. Motions based on the doctrine of misnomer are typically brought to correct anRead More
SABS Claim Arising From Parking Dispute
In L.L.B. v. Intact Insurance Company, 2020 ONLAT 17-003125/AABS, the Licence Appeal Tribunal considered an odd fact situation where a person was assaulted in downtown Toronto. The claimant was working as a crew member of a television production company. Her job was to keep watch over three dedicated parking spaces. ARead More
Courthouse Risk Assessments
The Ontario Bar Association has prepared a helpful resource which provides links to COVID-19 risk assessments that have been conducted at many of Ontario’s courthouses. The risk assessments address issues such as screening for COVID-19, enhanced cleaning, signage, plexiglass barriers, and facility and room capacity.Read More
Fridays With Rogers Partners
This morning, we continued with our internal Rogers Partners Litigation Strategy Series. Anita Varjacic led a discussion by Zoom on pre-trial conferences. We addressed the need to write persuasive pre-trial briefs and to be fully prepared for pre-trial conferences. We also discussed whether counsel should show their client’s complete handRead More
Jury Notice Not Struck in Toronto Action
In Saadi v. Silva, 2020 ONSC 6700, the court dismissed the plaintiff’s motion to strike a jury notice. The action arose out of a motor vehicle accident. A jury was selected in Toronto on October 5, 2020. The trial was supposed to commence on October 14, 2020, but could not proceed dueRead More
Vexatious Litigation is Not a Protected Form of Expression
By Emily Vereshchak In London District Catholic School Board v. Michail[1], the Ontario Superior Court of Justice considered a motion pursuant to s.137.1 of the Courts of Justice Act (commonly referred to as the “anti-SLAAP provisions”) within the context of an Application for a declaration of a vexatious litigant pursuantRead More
Upcoming Amendments to Rules of Civil Procedure
Amendments to the Rules of Civil Procedure are coming into force on January 1, 2021. The amendments can be found here. The amendments are fairly extensive and include: 1. Rule 1.08(1). For a hearing that requires attendance, such as a motion, the party has to propose whether it should beRead More
Is Court Approval Required to Dismiss Third Party Claim When Plaintiff is a Minor?
The decision in Ciarlo et al v. Sesula and Rees, 2020 ONSC 7051, indicates that, when a third party defends a main action in which the plaintiff is a minor, court approval of a dismissal of the third party action is required. The third party claim cannot simply be dismissed onRead More
Fridays With Rogers Partners
At our weekly meeting, Athina Ionita discussed the court’s decision in Boone v. O’Kelly, 2020 ONSC 6932, which involved a ruling on expert evidence. The court determined that the defence expert’s evidence was not reliable and was, thus, inadmissible. Background The plaintiff suffered injuries during a procedure to remove aRead More
No In-Person Hearings at Court of Appeal Until Further Notice
In a previous blog post, we advised of a notice from the Court of Appeal that it would hear some appeals in person. However, this has changed. In a further notice, the Court of Appeal has stated that it will not conduct in-person appeals until further notice. The Court ofRead More
Waiting Too Long to Add Third Party Can Have Consequences
By Colleen Mackeigan In Crawford v. Standard Building Contractors Limited, 2020 ONSC 7022, the Ontario Superior Court of Justice exercised its discretion under rule 29.02(1.2) of the Rules of Civil Procedure and denied the defendant leave to add a third party for the reason that doing so would cause prejudiceRead More
Andrew Yolles in The Lawyer’s Daily
Andrew Yolles was recently published in a two-part series in The Lawyer’s Daily in an article called “SCC decision roadmap to damages in tort for pure economic loss”. Andrew comments on the Supreme Court of Canada’s decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35. Andrew says, “TheRead More
What the HIC?: Preventing and Responding to Privacy Breaches in Health Care Organizations
By Gemma Healy-Murphy I recently attended an interesting and informative program put together by Osgoode Hall Law School titled “The 2020 Legal Guide to Privacy & Information Management in Healthcare”. Below are my key takeaways from the program, including best privacy practises and how to deal with a potential privacyRead More
Jury Trials Only Permitted in Green Zone
In a Notice to the Profession, the Ontario Superior Court of Justice has advised that, effective November 23, 2020, there will be no new jury selection in any court locations, except those in a Green Zone as defined by the Ontario Government. This will remain in effect until at leastRead More
Fridays With Rogers Partners
At our weekly firm meeting, Angeline Bellehumeur addressed the Divisional Court’s decision in Louis v Poitras, 2020 ONSC 6907. The defendants appealed the motion judge’s decision to strike a jury notice due to the delay caused by the COVID-19 pandemic. The decision involves two Ottawa actions related to a motorRead More
Court Declines to Rule on Effect of Suspension of Limitation Periods
By Brian Sunohara Most limitation periods in Ontario were suspended for close to six months, from March 16, 2020 to September 14, 2020, due to the COVID-19 emergency. The regulation that provided for the suspension, Ontario Regulation 73/20, indicated that “the temporary suspension period shall not be counted” toward theRead More
Subsequent Discovery of Severity of Injuries and Limitation Periods: Baig v. Mississauga
By Carol-Anne Wyseman In Baig v. Mississauga, 2020 ONCA 697, the Court of Appeal recently upheld a summary judgment finding that a man who fell off his bicycle and injured himself in 2013 was barred from suing the Corporation of the Town of Mississauga (“Mississauga”), as the two-year limitation periodRead More
New Jury Trials on Hold in Hamilton and Newmarket
The Ontario Superior Court of Justice previously advised that jury selection and new jury trials in Newmarket would resume on November 16, 2020. However, that has changed due to the deterioration of the public health situation. In an updated Notice, the Court has advised that jury selection and new juryRead More
Rogers Partners Supports Bee Population
Rogers Partners is pleased to support the local bee population through the Toronto Bee Rescue. We participated in a beehive share program which yielded 24 litres of honey.Read More
Fridays With Rogers Partners
At our weekly firm meeting, Athina Ionita addressed the decision in Campbell v Desjardins, 2020 ONSC 6630. The court discusses the appraisal process, highlighting several key points. These points are: Appraisals are valuation decisions where two appraisers argue the property loss value before an impartial umpireAppraisers act like advocates andRead More
New Jury Trials in Brampton and Toronto on Pause Again
The Ontario Superior Court of Justice previously advised that jury selection and new jury trials would again resume in Brampton and Toronto on November 16, 2020. However, in an updated Notice to the Profession, the Court has advised that, due to a deterioration in the public health situation, jury selectionRead More
Supreme Court’s Clarification of the Availability of Damages in Tort for Pure Economic Loss
By Andrew Yolles In its recent decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35, the Supreme Court of Canada was divided on whether Mr. Sub franchisees could claim damages in negligence for pure economic loss resulting from contaminated meat products supplied by Maple Leaf Foods.Read More
Claim Struck Due to Breach of Deemed Undertaking Rule
By Brian Sunohara The court’s decision in Sciucca v. Yoon, 2020 ONSC 6539, cautions against using information obtained from discoveries to commence a new action, even if the new action is related to an existing action. The matter involves a failed real estate transaction. Through documentary discovery and oral discovery,Read More
New Jury Trials Resuming in Brampton, Newmarket, Ottawa, and Toronto
Jury selection was paused in Brampton, Newmarket, Ottawa, and Toronto due to those areas being in a modified Stage Two related to COVID-19 pandemic. Since these areas are being removed from the modified Stage Two, new jury trials will resume. A Notice to the Profession indicates that, as of NovemberRead More
Fridays With Rogers Partners
At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Court of Appeal, Svia Homes Limited v. Northbridge General Insurance Corporation, 2020 ONCA 684. In this case, the Court considered an appeal brought by Svia Homes Limited (“Svia”). On appeal, Svia contended that the application judge wrongly dismissedRead More
“Wait and See”: Court Says Jury Notices Should Not Be Prematurely Struck
By Alon Barda I wrote an article about two months ago entitled “The End of Civil Jury Trials? Jury Notice Struck Due to COVID-19.” At the time, I discussed the case of Belton v. Spencer 2020 ONSC 5327,[1] wherein the motion judge held that the defendant’s right to a trialRead More
Thunder Bay Courthouse Temporarily Closed
For those with matters in Thunder Bay, the courthouse is temporarily closed due to a fire, as indicated in a Notice to the Profession. The closure could last until the end of December 2020. Most hearings will continue to be conducted virtually. Where in-person attendance is required, space at aRead More
CaseLines Expected to be Implemented in All Ontario Regions by Late 2021
The CaseLines Pilot Project appears to be progressing well. CaseLines is an online document storage platform that allows counsel and parties to upload documents for review by all participants before and during hearings, including motions and pre-trial conferences. CaseLines has now been implemented in civil and Divisional Court matters inRead More
Stephen Ross and Gemma Healy-Murphy on The Future of Summary Judgment
The Lawyer’s Daily has published an article by Stephen Ross and Gemma Healy-Murphy called “Summary judgment post COVID-19”. Stephen and Gemma indicate: Over the past few months, we have seen the judiciary quickly and creatively respond to the challenges imposed by the COVID-19 pandemic. In this way, we have seenRead More
Fridays With Rogers Partners
This morning, at our weekly firm meeting, Angeline Bellehumeur discussed the court’s decision in Frances v TTC Insurance Company, 2020 ONSC 6495. Master Wiebe considered a status hearing motion for dismissal of an action for delay pursuant to rule 48.14 of the Rules of Civil Procedure. This action arises fromRead More
Small Claims Court Now Accepting Court Documents by E-mail
An updated Notice to the Profession indicates that, on October 28, 2020, the Small Claims Court started to accept most court filings by e-mail at the e-mail addresses for the various court locations at this link. Enforcement documents cannot be filed by e-mail. E-mailed filings must be submitted in PDFRead More
Hypothetical Questions on Discovery
By Jocelyn-Rose Brogan When conducting an examination for discovery, counsel should keep in mind that the Rules of Civil Procedure are designed to provide parties with full disclosure of information in order to avoid surprise. However, as demonstrated in Beemer and Chrysler v. 1350246 Ontario Inc., 2020 ONSC 5564 (“Beemer”),Read More
Jury Selection Suspended in Newmarket; Virtual Hearings Encouraged
After the Region of Peel, Toronto, and Ottawa entered a modified Stage Two due to increasing COVID-19 cases, the Ontario Superior Court of Justice announced changes to court proceedings in those areas. Given that the Region of York has also moved into a modified Stage Two, the Superior Court has implementedRead More
Court Approves Settlement of G20 Class Actions
Two class actions against the Toronto Police have settled. The actions arose out of the arrest and detention of hundreds of protesters during the G20 summit that was held in Toronto in June 2010. In Good v. Toronto Police Services Board, 2020 ONSC 6332, Justice Belobaba approved the settlement, which requiresRead More
Fridays with Rogers Partners
At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Court of Appeal, Krukowski v. Aviva Insurance Company of Canada, 2020 ONCA 631. In this case, the Court considered an appeal brought by Deutschmann Law Professional Corporation, whose principal was Mr. Deutschmann. Mr. Deutschmann represented Mr. Krukowski, aRead More
Announcement From Court of Appeal on In-Person Hearings
Due to the COVID-19 pandemic, the Court of Appeal has been hearing appeals in writing and by videoconference. In a notice released this week, the Court of Appeal advised that it will hear some appeals in person. The Court will only consider holding an in-person hearing if all parties andRead More
Immunity From COVID Claims?
By Rebecca Moore Immunity from liability for claims involving the spread of COVID-19? This is what has been put forward by the Attorney General of Ontario, Doug Downey, in the proposed bill, Supporting Ontario Recovery Act. If passed, this legislation will protect individuals and organizations found to be have makingRead More
Court of Appeal Addresses Releases in Recent Decision
In Huma v. Mississauga Hospital, 2020 ONCA 644, the Court of Appeal upheld a motion to enforce a settlement against three plaintiffs who were self-represented at the time of the settlement. One of the issues addressed by the Court of Appeal is the requirement to provide a release upon settlement. TheRead More
Motion to Add Defendant Dismissed Due to Insufficient Evidence on Discovery of Claim
In Condreanu v. Choi, 2020 ONSC 6105, the plaintiff was involved in a motor vehicle accident on November 23, 2017. On November 21, 2019, she commenced an action against a driver, Choi, along with the owner of Choi’s vehicle. One month prior to commencing the action, the plaintiff’s lawyer provided theRead More
Fridays With Rogers Partners
At our weekly firm meeting, Athina Ionita discussed the Court of Appeal’s decision in Becker v. Toronto (City), 2020 ONCA 607. This appeal addresses how framing the issues at trial influences what issues may be appealed. Further, this decision makes it clear that if counsel believes an issue is relevantRead More
Milton Courthouse Temporarily Closed
According to a notice issued yesterday, due to a new discovery of mould, all in-person hearings and processes at the Milton courthouse have been suspended. A health and safety investigation of the entire courthouse is being undertaken.Read More
Transfer of Actions from Small Claims Court to Superior Court
In Segura Mosquera v. Rogers Communications Inc., 2020 ONSC 6024, Justice Gomery stated that there is a relatively high onus on a party seeking to transfer an action from Small Claims Court to the Superior Court of Justice. The applicant must submit evidence that commencing the claim in Small ClaimsRead More
Court of Appeal Upholds Striking of Jury Due to Inaccurate Trial Duration Estimate and Late Disclosure
By Meryl Rodrigues In an interesting decision released by the Court of Appeal on October 13, 2020, the Court appears to have swiftly dealt with a defendant’s broad appeal on the merits of a trial judgment in an action arising from a motor vehicle accident.[i] The case of Rolley v.Read More
Motion for Consent Adjournment of Trial Denied
The court’s decision in Jaffer v. Remu et al, 2020 ONSC 5736, shows that parties must be prepared to attend a trial on the scheduled date and cannot assume that the court will grant an adjournment even if it is on consent. The action in question arose from a motorRead More
Judges’ Reasons in Small Claims Court: How Detailed?