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Fridays with Rogers Partners

At our weekly Friday meeting, Taya Rosenberg discussed the Ontario Court of Appeal’s decision in AIG Insurance Company of Canada v. Lloyd’s Underwriters, 2022 ONCA 699. This case was on appeal from AIG Insurance Company of Canada v. Lloyd’s Underwriters, 2021 ONSC 5372. AIG brought an application seeking equitable contributionRead More

Supreme Court Denies Leave in Stay of Action Due to Failure to Immediately Disclose Partial Settlement

In a previous blog post, we discussed the Court of Appeal’s decision in Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66. The Court of Appeal upheld the stay of an action due to the failure to immediately disclose a partial settlement agreement. The Supreme Court of CanadaRead More

Fridays with Rogers Partners

At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Hawke v. Western University, 2022 ONSC 5243. Overview This case involved a complaint regarding the collection of private health information by Western University pursuant to its COVID-19 Vaccination Policy published August 22, 2022. BackgroundRead More

Undue Delays in Obtaining Approval of Settlement: What to do?

By J. Nicholas Fernandes The basic tenet of Rule 7.08 of the Rules of Civil Procedure is that any settlement of a claim by or against a person under disability, including minors, requires Court approval.  On a motion (or application, if settlement occurs prior to a lawsuit being commenced) to obtainRead More

Welcome Back Rebecca Moore!

We’re delighted to announce the return of Rebecca Moore from maternity leave. Today is Rebecca’s first day back with the firm, and she’s looking forward to reconnecting with clients and colleagues!Read More

Fridays with Rogers Partners

At our weekly Friday meeting, Taya Rosenberg discussed the Ontario Superior Court’s threshold motion decision in Kolapully v. TTC et al., 2022 ONSC 5473. Facts On March 6, 2012, Ms. Kolapully, the plaintiff, was crossing the road at a corner when she was struck by a turning TTC bus. Ms.Read More

Is Summary Judgment Available in Arbitrations?

By Natalia Sheikh The Ontario Court of Appeal recently released a decision in Optiva Inc. v. Tbaytel, 2022 ONCA 646, upholding an application judge’s arising from an arbitration involving a breach of contract claim. One of the main issues in dispute was whether the arbitrator had jurisdiction to hear andRead More

National Day for Truth and Reconciliation

Two members of our Equity, Diversity and Inclusion Committee, Nasra Esak and Katrina Taibi, provided a seminar on issues related to National Day for Truth and Reconciliation. The slides prepared by Nasra and Katrina can be found here. We discussed the recommendations of the Truth and Reconciliation Committee, and waysRead More

Building Inspections: The Ongoing Duty

By Michael Kryworuk On September 1, 2022, the Ontario Court of Appeal released its decision in Breen v. Lake of Bays (Township), 2022 ONCA 626, upholding the trial judge’s finding that once a building permit is granted, a municipality has an obligation to inspect the building whether or not theRead More

Court Backlog Not Good Reason to Strike Jury Notice

In Kromah, et al. v. Lepore, et al., 2022 ONSC 4830, the plaintiffs sought to conditionally strike a jury notice in a civil action commenced in London, Ontario. The trial was scheduled to commence in September 2022. Justice Nicholson recognized the backlog of criminal and family matters in all regions,Read More

Fridays With Rogers Partners

At our weekly firm meeting, we discussed the case of Bouzanis v. Greenwood et al, 2022 ONSC 5262.  The decision involves a motion by the defendants to enforce a settlement. The plaintiff’s lawyer e-mailed the defendants’ lawyer indicating that the plaintiff was offering to settle the litigation on the basisRead More

Ontario Court of Appeal Reminds Litigants that COVID-19 Itself Does Not Justify Delay

By: Michael C. Brown In a previous RP Blog post, we discussed the Ontario Court of Appeal decision in Mugizi v. Ngo, 2022 ONCA 595, but we wish to expand on that post given the importance of the message it carries from the Court. Litigating in a post-COVID-19 era has provenRead More

Fridays with Rogers Partners

At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Qureshi v. Royal & Sun Alliance Insurance Company, 2022 ONSC 4997. Overview This case involved water damage to store inventory that occurred on October 7, 2014 and again on February 12, 2015. The plaintiff,Read More

Motion for Defence Medical Exam Brought Too Close to Trial

In Lafontaine v. McDaniel, 2022 ONSC 5153, the court dismissed the defendant’s motion to compel the plaintiff to attend a neuropsychology expert assessment and to extend the deadline to serve the expert’s report. The motion was heard on August 5, 2022. The proposed expert examination was scheduled for August 9,Read More

Court Reinforces Obligation to Disclose Partial Settlement Agreements

By Meryl Rodrigues In its recent decision of Hamilton-Wentworth District School Board v. Zizek, 2022 ONCA 638, the Court of Appeal added to its recent line of authority with respect to disclosure obligations on a party who enters into a partial settlement agreement, such as a Mary Carter or PierringerRead More

Key Factor in Non-Lawyer Representing Corporation

In Leblanc v. The Personal Insurance Co. et al., 2022 ONSC 5130, the sole shareholder of a corporate party sought to represent the corporation. This individual is not a lawyer. Rule 15.01(2) of the Rules of Civil Procedure states that a corporate party must be represented by a lawyer, exceptRead More

Meryl Rodrigues Published in Canadian Journal of Insurance Law

An article by Meryl Rodrigues, “Court of Appeal Upholds Coverage Denial for Intrusion Upon Seclusion“, has been published in Canadian Journal of Insurance Law. The article addresses an appeal of a duty to defend action commenced by a nurse against a commercial liability insurer. The nurse had wrongfully accessed theRead More

Court Demands Evidence that Minor SABs Claimant is not CAT on Settlement Approval Application

By Kathryn Orydzuk On August 30, 2022, the Ontario Superior Court of Justice heard an application in writing with regard to the case of Ellen Yebin Park v. Pembridge Insurance Company, 2022 ONSC 4944. This case arose from a motor vehicle accident involving a minor pedestrian. The minor applicant commencedRead More

Fridays With Rogers Partners

At our weekly Friday meeting, Nasra Esak discussed the Ontario Superior Court’s trial decision in Wabie v. Wilson, 2022 ONSC 4296. Overview The plaintiff, Ms. Waibe, was injured in a motor vehicle accident on August 20, 2014. She later commenced an action against the other driver, claiming damages for injuriesRead More

Summary Judgment Motions: Put Your Best Foot Forward

By Jennifer Singh In Sabaratnam v. Mooka, 2022 ONSC 4779,the plaintiff moved for summary judgment against the defendants, seeking general and punitive damages for defamation. The plaintiff’s motion was granted in part. Factual Background At all material times, the plaintiff was a member of the GTA Tamil community and anRead More

Patent Defects vs. Latent Defects in House Purchase

In Purdy v. Russell, 2022 ONSC 4692, the plaintiff commenced a lawsuit over the purchase of a house. The house had a rotting foundation which required reconstruction. The plaintiff sued the vendors of the house. The defendants brought a summary judgment motion. Justice Aston went over the test of when a vendorRead More

Multiple Lawyers from Rogers Partners in The Best Lawyers in Canada

Rogers Partners LLP is pleased to announce that the following lawyers have been selected for inclusion in the 2023 edition of The Best Lawyers in Canada™:  Stephen Ross, Kevin Adams, Anita Varjacic, Brian Sunohara, and David Rogers.Read More

Court of Appeal Upholds Partial Summary Judgment and Awards Full Indemnity Costs

By Erin Crochetière In NDrive, Navigation Systems S.A. v. Zhou[1] the Court of Appeal for Ontario heard an appeal from a decision granting partial summary judgment with respect to the claims against some of the defendants, and dismissing the counterclaim of the same defendants. The appellants, collectively referred to asRead More

Court of Appeal Upholds Dismissal for Delay

The Court of Appeal’s decision in Mugizi v. Ngo, 2022 ONCA 595, shows the risks of not moving actions forward. The plaintiff was involved in a motor vehicle accident in January 2014. An action was commenced in March 2015. The action was struck from the trial list in December 2019Read More

Court Considers Abuse of Process in Subsequent Proceeding Commenced by Plaintiff

In Doria v. Warner Bros. Entertainment Canada Inc. et al., 2022 ONSC 4454, the court considered when a further proceeding can be commenced arising out of the same facts. The plaintiff rented out his house to a film production company. His family room floor was scratched. He commenced an arbitrationRead More

Fridays With Rogers Partners

At our weekly Friday meeting, Katrina Taibi discussed the Licence Appeal Tribunal’s decision in Garvey v. Economical Insurance Company, 2022 CanLII 73099 (ON LAT). Overview The appellant, Ms. Garvey, was injured in a motor vehicle accident on August 23, 2018.  She brought a claim for statutory accident benefits pursuant toRead More

Noisy Neighbour? You May Not Be Entitled To A Legal Remedy

By Athina Ionita Introduction In Kikites v. York Condominium Corporation No. 382, 2022 ONSC 4606, a condominium unit owner (the Applicant) complains of noises coming from the upstairs unit. The Applicant seeks a number of remedies under the Condominium Act, 1998, SO 1998, c. 19, alleging that the condominium corporationRead More

Dispute Over Defence Medical Exam in LTD Claim

The case of Terra v. Desjardins Financial Security Life Assurance Company, 2022 ONSC 4673, involves a dispute over a defence medical examination in a long-term disability benefits claim. Prior to the commencement of the action, the plaintiff attended a psychiatric assessment with Dr. Chad at the request of the defendantRead More

Riley Groskopf Joins Rogers Partners

Riley Groskopf has joined our growing team! Riley comes to us from another insurance defence firm where his practice included defending claims involving motor vehicle accidents (tort and accident benefits), occupiers’ liability, and property loss. We’re happy to have Riley on board!Read More

Availability of Judicial Review in SABS Disputes

By Annie Levanaj The Court of Appeal’s decision in Yatar v. TD Insurance Meloche Monnex, 2022 ONCA 446, provides guidance on how judicial review should be dealt with when a statutory right to appeal also exists. It also reinforces the importance of limitation periods and ensuring claims are commenced inRead More

Slip and Fall Near Car Not “Accident” for SABS Coverage

In Namin v. Allstate Insurance Company of Canada, 2022 CanLII 70251 (ON LAT), Vice-Chair Maedel of the Licence Appeal Tribunal held that an incident wherein the applicant slipped and fell on snow and ice after exiting her vehicle was not an “accident” under the Statutory Accident Benefits Schedule. The descriptionRead More

Insurance Coverage Seminar

Our firm regularly conducts training seminars for our lawyers and students as part of our Litigation Strategy Series. Yesterday, Andrew Yolles presented on Insurance Coverage. Andrew prepared a helpful set of slides addressing the following issues: First party vs. third party coverage;Different types of liability coverage;Determining coverage: duty to defendRead More

Amendments to Superior Court’s Notice to the Profession

The Ontario Superior Court of Justice’s Notice to the Profession, Parties, Public and the Media was amended on August 2, 2022. Regarding civil matters, the amendments are contained in Part II, paragraphs 1 to 4 of the Notice. These amendments are as follows: Parties must provide accurate time estimates forRead More

LAT Limits Use of Insurer Examination Report Based on Improper Notice to Applicant

By Amanda Colarossi Overview Section 44 of the Statutory Accident Benefits Schedule (“SABS”) outlines the requirements of an insurer when scheduling an insurer examination (“IE”). The Licence Appeal Tribunal (“Tribunal”) can, on a motion, create remedies for any breaches of s.44. This was the situation in Waring v. Aviva GeneralRead More

Rogers Partners Carnival Potluck

Last week, we had a potluck lunch at our firm in celebration of Caribbean Carnival weekend and in recognition of Emancipation Day. Thank you to our Equity, Diversity and Inclusion Committee for organizing the lunch and to everyone who contributed to and participated in the event.Read More

Pleadings Seminar

Meryl Rodrigues presented an in-firm seminar for our lawyers and students this morning on Pleadings. Meryl addressed several issues to consider when preparing a statement of defence, including: Examining whether the client was properly named;Checking if the claim was issued in time;Assessing whether the court has jurisdiction;Seeing if other entitiesRead More

Athina Ionita Published in Ontario Accident Benefit Case Summaries

An article by Athina Ionita on the exclusive jurisdiction of the Licence Appeal Tribunal over statutory accident benefits disputes has been published in Ontario Accident Benefit Case Summaries, a LexisNexis publication. The article can be found here.Read More

Introducing Our New Articling Students

We’d like to extend a very warm welcome to our new articling students! Emmanuel Couture-Tremblay, Nasra Esak, Taya Rosenberg, and Katrina Taibi started with the firm this week. Congratulations to our new students on completing law school and entering the next phase of their journeys to becoming lawyers!Read More

Court Considers Criminal and Intentional Act Exclusions in Person Found Not Criminally Responsible

The case of Butterfield v. Intact Insurance Company, 2022 ONSC 4060, involves a duty to defend application against an insurer.  The applicant, who has schizophrenia, suffered a psychotic episode while at a firearms store.  He stabbed the store owner in the honest but deluded belief that he was defending himselfRead More

Mind Your Step

By J. Nicholas Fernandes Overview The Occupiers’ Liability Act places a positive duty on occupiers to take such care as is reasonable in the circumstances to ensure that persons entering upon their premises are reasonably safe when doing so. The duty of care in each case is fact specific and takesRead More

Appeal in LAT Proceeding Dismissed as Premature

In Grewal v. Peel Mutual Insurance Company, 2022 ONSC 4082, the Divisional Court confirmed that an appeal in a regulatory proceeding, such as a matter before the Licence Appeal Tribunal, must wait until there is a final determination of the claim. The matter in issue involved a statutory accident benefitsRead More

Fridays With Rogers Partners

At our weekly meeting, Michael Kryworuk discussed the court’s decision in Aditi v. Doe, 2022 ONSC 4049. Michael has written the following summary of the decision. History of the Litigation This case involved a dispute between a motorist and her insurer. The plaintiff, Ms. Aditi, was insured by Intact. TheRead More

Municipality Successfully Relies on Minimum Maintenance Standards in MVA claim

In Beardwood v. The City of Hamilton, 2022 ONSC 4030, the plaintiff was involved in a single vehicle motorcycle accident at an intersection in Hamilton, Ontario. The plaintiff was traveling at a low speed and encountered a bump or surface discontinuity on the roadway formed by a longitudinal asphalt lip. Read More

Court of Appeal Upholds Interpretation of Equitable Contribution

By Natalia Sheikh Overview When an insured has more than one insurance policy which each contain “other insurance” clauses, disputes sometimes arise over whether only one insurer has to respond to a loss, or whether multiple insurers have to respond. This was the situation in Northbridge General Insurance Company v.Read More

Rogers Partners Summer Party

We had a fun time playing mini golf and having great conversation at our employee summer party yesterday. What a great way to kick off the summer!Read More

Court of Appeal Upholds Coverage Denial for Intrusion Upon Seclusion

By Meryl Rodrigues In its recent decision of Demme v. Healthcare Insurance Reciprocal of Canada[1], the Court of Appeal addressed the commercial liability insurer’s duty to defend actions based on the tort of intrusion upon seclusion against an employee of the insured, ultimately affirming the insurer’s denial of coverage underRead More

Court of Appeal Removes Masking Requirement

Starting today, July 4, 2022, masks are no longer mandatory at the Ontario Court of Appeal. However, many COVID-related protective measures remain in place, which can be found in the Court’s Protocol for In-Person Hearings During the Pandemic. Those participating in an appeal should also review the Court’s Practice Direction.Read More

Happy Canada Day!

Rogers Partners wishes everyone a safe long weekend. Happy Canada Day!Read More

Concurrently Consuming and Serving: Considerations for Third Party Claims Against Commercial Hosts

By Kathryn Orydzuk In the recent decision, McHugh v. 2209664 Ontario Inc. et al, 2022 ONSC 3729, the Court considered a motion to strike a third party claim commenced by an occupier against a tavern. Facts The main action arose out of a 2018 slip and fall on an allegedlyRead More

Congratulations to Michael Kryworuk and Annie Levanaj

Congratulations to Michael Kryworuk and Annie Levanaj on recently being called to the Ontario Bar. Michael and Annie had a very successful articling term with Rogers Partners and are now officially lawyers! We’re happy that they have both returned to the firm as associates, and we wish them continued successRead More

Summary Judgment Motion Brought Too Late, with Too Little Evidence

By Jennifer Singh In our March 31, 2022 blog post[1], we discussed the decision in Atsaidis v. Sanford, 2022 ONSC 1690, wherein a consent adjournment of trial to permit the defendants to bring a summary judgment motion on a limitation period issue was denied by Justice D.A. Wilson. Justice WilsonRead More

Rogers Partners Celebrates Pride Month

June is Pride Month, where we recognize the history, courage, and diversity of the 2SLGBTQ+ community. Rogers Partners is committed to fostering an inclusive workplace. We celebrate diversity and its role in our firm’s fabric. We wish everyone a Happy Pride Month!Read More

Tom Macmillan Speaking at Cybersecurity and Privacy Conference

The Advocates’ Society’s program on Cybersecurity and Privacy for Litigators is coming up on July 5, 2022. Tom Macmillan will be on a panel discussing confidentiality issues. As indicated by The Advocates’ Society, privacy and cybersecurity issues arise in all legal practices. Civil litigators handle massive amounts of sensitive data andRead More

Government Liability: Tension Between the Legislature and the Courts

Stephen Ross, Andrew Yolles, and Natalia Sheikh have written a detailed paper called “Government Liability: Tension Between the Legislature and the Courts“. It addresses the following issues: History of Crown Liability; Jurisdiction & Framework for Statutory Causes of Action Against Government Entities; Private Law Duty of Care; Enactment of theRead More

“Dependent Relative” Under the OPCF 44R: Where Does the Plaintiff “Reside”?

By Emily Vereshchak In Chaboyer et al v. Gill et al, 2022 ONSC 3452, the Court analyzed the details of the plaintiff’s living circumstances to determine whether she could be classified as an “eligible claimant” and make a claim pursuant to an OPCF 44R Family Protection Endorsement in an insuranceRead More

Providing Summary of Party’s Statement Generally Not Required

At examinations for discovery, counsel will sometimes ask for a summary of an opposing party’s statement. Such a summary usually does not have to be provided, if the statement is protected by litigation privilege. This issue was addressed by the Divisional Court in Sangaralingam v. Sinnathurai, 2011 ONSC 1618 (Div.Read More

Stephen Ross and Anita Varjacic Presenting at OBA Trial Conference

The Ontario Bar Association’s Anatomy of a Trial conference is coming up on June 23 and 24, 2022. It will feature eight justices of the Superior Court of Justice and the Court of Appeal and 45 experienced trial advocates. The conference will cover all main steps in a personal injuryRead More

No Damages, Nominal Damages, and Costs

By Erin Crochetière The Ontario Court of Appeal heard the appeal in Pullano v. Hinder, 2022 ONCA 418 regarding an action for battery, and counter-claim in defamation. The plaintiff, Mr. Pullano, was punched in the chest by the defendant, Mr. Hinder. Mr. Hinder’ s employer was also named in theRead More

New Notice to the Profession in Central East Region

The Central East Region of the Ontario Superior Court of Justice has issued a new Notice to the Profession and Parties, which came into effect on June 1, 2022. The notice addresses issues such as the mode of hearings, uploading documents to CaseLines, scheduling motions, documents required for long motions,Read More

Michael Brown Joins Rogers Partners

We’re happy to announce that Michael Brown has joined the firm as an associate lawyer! Michael has practiced insurance defence and personal injury litigation since his call to the Bar in 2019. He is a welcome addition to our growing team!Read More

Reference to Masks, COVID-19 Not Sufficient to Dismiss Action via “anti-SLAPP” Legislation

By Athina Ionita In Dent-X Canada v. Houde, 2022 ONCA 414, the Court of Appeal considered whether a defamation action concerning an internet post about the plaintiff’s services in supplying face masks during the COVID-19 pandemic should be dismissed pursuant to Ontario’s “anti-SLAPP” legislation, s. 137.1 of the Courts ofRead More

Amanda Colarossi Joins Rogers Partners

We’re pleased to welcome Amanda Colarossi to the firm as an associate lawyer! Amanda joins us from a large insurance company where she was in-house counsel since 2019. Amanda has a wide range of experience handling tort and accident benefits claims. We’re happy to have her on board!Read More

Landlord Not Permitted to Rely on Waiver Clause in Residential Lease

The decision in Lewis v. 3414493 Canada Inc., 2022 ONSC 2769, involves a slip and fall accident in the parking lot of an apartment building. The plaintiff is a tenant of the building. The defendant landlords relied on a waiver clause in the tenancy agreement. The waiver indicated that theRead More

Fridays with Rogers Partners

At our weekly meeting, Pip Swartz discussed the recent decision of the Ontario Court of Appeal in Lin v. Weng, 2022 ONCA 367. Facts On March 15th, 2016, Qi An Weng, one of the defendants, burned down her landlord’s residence while attempting to extract resin from marijuana. Her landlord, theRead More

Rogers Partners Celebrates Asian Heritage Month

This month is Asian Heritage Month in Canada. It is a time to reflect on and recognize the many contributions that Canadians of Asian heritage have made and continue to make to Canada. As the Canadian government aptly states: Diversity represents one of Canada’s greatest strengths, and we strive toRead More

Effect of Subsequent Offers to Settle on Prior Offers

In some cases, a party will make an initial offer to settle and will then make subsequent offers. When a subsequent offer is made, previous offers are withdrawn by implication. However, in many situations, it is beneficial to leave prior offers on the table in order to potentially obtain aRead More

Court of Appeal COVID-Related Procedures

The Ontario Court of Appeal has prepared a helpful one page document on COVID-related procedures. It addresses issues such as filing court documents and the mode of proceedings.Read More

Court Denies Motion to Transfer Action to Simplified Procedure When Jury Notice Filed Prior to Amendments to Rules

The decision in Thomas v. Aviva, 2022 ONSC 1728, arose out of a motor vehicle accident in April 2016. An action was commenced under the ordinary procedure. The defendants, RBC and Aviva, delivered a statement of defence and a jury notice in September 2018. The plaintiff subsequently brought a motionRead More

Practice Management Seminar & Dinner

Our lawyers and students have an annual Practice Management Seminar where we share ideas on professional development. It was wonderful to get together yesterday for our seminar and dinner. Most importantly, it was a great chance to connect with each other. A fun time was had by all!Read More

The Court of Appeal Decides First Pandemic Coverage Claim

By Natalia Sheikh Overview In 202135 Ontario Inc. v. Northbridge General Insurance Corporation, 2022 ONCA 304, the Ontario Court of Appeal ruled in favour of the insured on an insurance coverage application related to coverage for business interruption losses as a result of the COVID-19 pandemic. This appears to beRead More

Divisional Court Dismisses Appeal on Deducting LTD Settlement from Income Replacement Benefits

The decision in Co-operators General Insurance Company v. Branden, 2022 ONSC 2473, involves a statutory accident benefits claim in which the insurer sought to deduct from income replacement benefits amounts received in a settlement of an LTD claim. The Licence Appeal Tribunal held that there were insufficient details of theRead More

Claim Arising From Slip and Fall at Courthouse Dismissed

In Martin v. AGO et al, 2022 ONSC 1923, the plaintiff, a lawyer, attended at the Hamilton courthouse and slipped on a small amount of water.  It was raining on the day of the accident, and the water on the floor came from a wet umbrella of a visitor toRead More

Rogers Partners Meetup

We’ve started a new tradition at Rogers Partners. For over 25 years, our lawyers and students have gotten together on Friday mornings for a “muffin meeting”, where we discuss legal developments. Now, each month, we’re going to have one of our meetings on Thursday afternoon and then get together forRead More

Ahluwalia v. Ahluwalia: Ontario’s Latest Ground-breaking Decision

By Nicholas Fernandes Overview: In an unexpected and precedent setting decision, an Ontario Superior Court judge established a new tort. In the recent case of Ahluwalia v. Ahluwalia, 2022 ONSC 1303, Justice Renu Mandhane ordered a man to pay his former spouse $150,000 in damages for the physical and psychological abuse sheRead More

Plaintiff Awarded $125,000 for Internet Defamation

The decision in Cyr v. LeBlanc, 2022 ONSC 2555, shows that damages in defamation actions can be quite high. The defendant published statements about the plaintiff on several websites.  Many of the statements labeled the plaintiff as being racist.  The plaintiff contacted the defendant by Instagram, requesting the postings beRead More