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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 a recent decision of the Ontario Superior Court of Justice. 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 the question to the jury. BackgroundRead 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

“Fully Covered” – Contracts, Negligent Misrepresentation and Insurance Coverage

By Riley Groskopf The Ontario Court of Appeal recently released its decision in Jakab v. Clean Harbors Canada Inc., 2023 ONCA 377. The decision revisits the basics of contractual interpretation and the elements of negligent misrepresentation. Context The appellants, Mr. Jakab and Ontario Heavy Express Ltd. (a corporation wholly ownedRead More

Practice Management Seminar & Dinner

As part of our ongoing training program at Rogers Partners, our lawyers and students participated in our Practice Management Seminar yesterday. We discussed issues such as file handling strategies at the initial stages of litigation, the purpose of discoveries, tips for discoveries, how to conduct an effective mediation, and meetingRead More

Trial by Stopwatch: A Warning from the Court of Appeal

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

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

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

Congratulations to Our Articling Students

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

Antoinette Monardo Joins Rogers Partners

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

Rogers Partners Social Night

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

Court Reviews Requirements for Default Judgment

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

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

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

Fridays with Rogers Partners

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

Fridays with Rogers Partners

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

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

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

Fridays with Rogers Partners

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

LAT Tales: Bring the frivolous motion, pay the cost

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

Fridays with Rogers Partners

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

Fridays with Rogers Partners

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

Class Action Certification Round 2 – New Judge, Same Result

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

Fridays with Rogers Partners

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

Ramadan 2023

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

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

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

Fridays with Rogers Partners

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

The “Litigating Finger”

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

Fridays with Rogers Partners

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

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

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

Rogers Partners Celebrates International Women’s Day

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

Alon Barda Successful at Licence Appeal Tribunal

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

Fridays with Rogers Partners

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

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

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

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

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

Rogers Partners Celebrates Black History Month

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