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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

Jury Selection Suspended in Brampton, Toronto, and Ottawa; Virtual Hearings Encouraged

In a Notice to the Profession, issued on October 9, 2020, the Chief Justice of the Ontario Superior Court of Justice suspended jury selection in Brampton, Toronto, and Ottawa for the next 28 days. This follows the Province’s return to a modified Stage Two in Peel, Toronto, and Ottawa inRead More

Fridays With Rogers Partners

This morning, we continued with our in-firm Litigation Strategy Series. Tom Macmillan presented the second part of his seminar on mediations. Tom provided a lot of practical advice, including: In opening statements, be yourself and be brief. Also, consider leaving certain concepts to be explained later by the mediator as some thingsRead More

Due Diligence Required to Identify Liable Parties

In Ali v. City of Toronto, 2020 ONSC 5888, the court denied the plaintiff’s motion to add a winter maintenance contractor to the action after the expiry of the presumptive two year limitation period. The accident occurred in February 2017. The plaintiff slipped and fell on a City of Toronto sidewalk. SheRead More

Ontario Court of Appeal Weighs in on Jury Notices in the Context of the COVID-19 Pandemic

By Matthew Umbrio On September 4, 2020, Justice Sheard of the Ontario Superior Court of Justice  released a decision on a motion to strike the defendant’s jury notice, in Belton v. Spencer.[1] Her Honour, in granting the plaintiff’s motion, held that, in order to respond to the additional challenges toRead More

Update on Suspension of Limitation Periods

Most limitation periods in Ontario were suspended due to the COVID-19 pandemic. The suspension started on March 16, 2020, and limitation periods resumed running on September 14, 2020. In a previous blog post, we noted that the regulation that provided for the suspension, Ontario Regulation 73/20, indicated that “the temporary suspensionRead More

Matthew Umbrio in The Lawyer’s Daily

Matthew Umbrio was recently featured in a two-part series in The Lawyer’s Daily on the extra-provincial application of Ontario’s priority dispute scheme: Part 1 Part 2Read More

Fridays With Rogers Partners

This morning, at our weekly firm meeting, Tom Macmillan presented a seminar on mediations as part of our in-firm Litigation Strategy Series. Tom provided some very helpful and practical tips, including: Be open-minded about the selection of a mediator. If you have not used a particular mediator before, it mayRead More

Who is the Ontario Patient Ombudsman?

By Gemma Healy-Murphy Established in 2016, the Ontario Patient Ombudsman[1] receives and resolves complaints related to Ontario’s public hospitals, long-term care homes, and home and community care coordinated by the Local Health Integration Networks. The Patient Ombudsman has no jurisdiction in matters involving a regulated healthcare professional, private retirement homeRead More

ORIMS Publishes Article by David Rogers

David Rogers’ article, “COVID-19: The Ultimate Business Interrupter”, was published in The Pulse, a magazine of the Ontario Risk and Insurance Management Society. David’s article starts at page 15 of the magazine.Read More

Successful Costs Decision by Tom Macmillan

Tom Macmillan was successful on the issue of costs in the case of De Albornoz v. Christie et al, 2020 ONSC 5642. The action arose out of the partial collapse of a house. Tom represented a third party engineering firm. The third party commenced a summary judgment motion, following which theRead More

Brian Sunohara in Canadian Underwriter

Brian Sunohara was recently quoted in Canadian Underwriter in an article called “Insurer ordered to pay $21 million in interest on a $25-million court award“. The article refers to commentary by Brian regarding a case where an insurer was ordered to pay compound prejudgment interest of US$14.8 million (about CAD$21Read More

Fridays With Rogers Partners

At our weekly meeting this morning, Angie Bellehumeur discussed the case of Coban v Declare, 2020 ONSC 5580. This case deals with a motion by the plaintiff to strike the jury notice pursuant to rule 47.02, and a cross-motion to seek an adjournment of trial pursuant to rule 52.02. TheRead More

An Update on Tort Immunity Under the Crown Liability and Proceedings Act

By Erin Crochetière The Ontario Crown Liability and Proceedings Act, 2019 (“CLAPA”) came into force in July of 2019, replacing the Proceedings Against the Crown Act. CLAPA received industry-wide scrutiny based on the provisions limiting Crown liability. Whereas the former Proceedings Against the Crown Act provided that the Crown wasRead More

New Protocol in Central East Region for Trials and Long Motions

The Central East Region has issued a new protocol for the resumption of civil proceedings, specifically, civil trials, summary judgment motions, long motions, and applications. The November 2020 civil trial sittings in the Central East Region are cancelled. The status of the May 2021 civil trial sittings is uncertain at thisRead More

Rogers Partners Fall 2020 Newsletter

We’re pleased to present the Fall 2020 edition of our newsletter, In|Sight, which covers the follows topics: 1. Additional Insureds: What Does “Arising Out of the Operations” Mean? 2. The Beginning of the End? What Recent Decisions Could Mean for Jury Trials in Ontario 3. UK Test Case on BusinessRead More

Scope of Cross-Examinations for Applications and Motions

In Sanctuary et al v. Toronto (City) et al, 2020 ONSC 4708, the court outlined the principles applicable to cross-examinations of a deponent of an application or motion. These principles include: The scope of a cross-examination of a deponent for an application or a motion is narrower than an examination forRead More

Fridays With Rogers Partners

At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Court of Appeal, Aviva Canada Inc. v. 1843538 Ontario Inc., 2020 ONCA 581. In this case, the Court considered an appeal by the appellants, 843538 Ontario Inc., c.o.b. Mississauga Collison Centre, and/or McLaren Collison, Fady Rony Warda, Rony Amanuel Warda, (“the Wardas”)Read More

Another Jury Notice Struck Due to COVID-19

Last week, Alon Barda posted an article on our blog regarding a decision where the court struck a jury notice due to the delay that would be caused by the COVID-19 pandemic. Another decision has been released where the court similarly struck a jury notice.  In Louis v. Poitras, 2020Read More

Supreme Court of Canada Clarifies Test for Anti-SLAPP Motions

By Emily Vereshchak The Supreme Court of Canada has released two decisions interpreting the test on a motion to dismiss under s. 137.1 of the Courts of Justice Act, known as the anti-SLAPP legislation (strategic lawsuits against public participation). The direction provided by the Supreme Court is likely to changeRead More

No Obligation to Make Offer to Settle

In Smith v. Kane, 2020 ONSC 4814, Justice Gans stated that there is no obligation on a litigant to make an offer to settle. Justice Gans relied on a previous decision which indicated that it would be “an error in law to deny costs to a successful defendant because ofRead More

Welcome Back Jocelyn-Rose Brogan!

We’re very pleased to announce the return of Jocelyn-Rose Brogan from maternity leave. Today is Jocelyn’s first day back with the firm. Jocelyn’s looking forward to reconnecting with clients and colleagues!Read More

Fridays With Rogers Partners

At our weekly meeting, Athina Ionita discussed a decision of the Ontario Licence Appeal Tribunal decision, D.G. v. Co-operators General Insurance Company, 2020 CanLII 61461 (ON LAT). The case considered whether the applicant’s injuries fall outside of the Minor Injury Guideline (MIG). Facts The applicant was rear-ended by a TTCRead More

The End of Civil Jury Trials? Jury Notice Struck Due to COVID-19

By Alon Barda The recently released motion decision in Belton v. Spencer, 2020 ONSC 5327, is a very important one for anyone practicing civil litigation in the province. The Case The claim arises from injuries sustained by the plaintiff on May 21, 2010 when he was kicked by a horseRead More

When Less is More: ONCA Denies Request for Factum to Exceed 30 Pages

By Colleen Mackeigan In a recent decision of the Ontario Court of Appeal (“ONCA”) in Oz Merchandising Inc. v. Canadian Professional Soccer League¸2020 ONCA 532, OZ Merchandising Inc. (“OZ”) was denied leave to submit a 500 page factum, or alternatively a 125 page factum in support of its appeal ofRead More

Costs Decision in “Crushing and Complete” Trial Loss for Plaintiffs

In McNamee v. Oickle, 2020 ONSC 5078, the plaintiffs received $5,000 following a jury trial arising from a motor vehicle accident. Prior to trial, the defendant had offered a total of $350,000 plus costs. The plaintiffs had offered $900,000 plus costs. Justice Beaudoin described the result “as a crushing and completeRead More

Fridays With Rogers Partners

At our weekly meeting today, Angie Bellehumeur discussed the Court of Appeal’s decision in Le Treport Wedding & Convention Centre Ltd. v Co-operators General Insurance Company, 2020 ONCA 487, which involved an insurance coverage dispute. On July 8, 2013, the Greater Toronto Area (GTA) experienced the most expensive natural disasterRead More

Ignoring Page Limits Must Have Consequences, Says Judge

When a court orders submissions to be kept to a certain page limit, parties must comply with the order. In Stewart & Bernard v. Fuhgeh et al., 2020 ONSC 4850, the court ordered the parties to provide costs submissions by specific dates and limited the submissions to three pages plusRead More

Entitlement to Medical Cannabis in an Accident Benefits Context: P.A. v. TD General Insurance Company

By Carol-Anne Wyseman A recent decision of the Licence Appeal Tribunal (“LAT”), P.A. v. TD General Insurance Company, 2020 ONLAT 19-001349/AABS, considered an applicant’s entitlement to medical cannabis to treat psychological impairments resulting from a motor vehicle accident involving his family. Facts The applicant’s spouse and children were injured inRead More

Concise Factums Required

A factum at the Court of Appeal is limited to a maximum of 30 pages. If a party wishes to submit a lengthier factum, leave must be sought from the Court of Appeal. Leave is rarely granted.  In OZ Merchandising Inc. v. Canada Professional Soccer League Inc., 2020 ONCA 532,Read More

2020-2021 Articling Students

We’re delighted to welcome our newest articling students to the firm, Angeline Bellehumeur, Athina Ionita, and Christopher MacDonald. Congratulations to Angeline, Athina, and Christopher on completing law school! We hope that you have a fulfilling articling term. You’ll be full-fledged lawyers before you know it!Read More

Fridays With Rogers Partners

At our weekly firm meeting, Chris MacDonald presented the case of Lamb v. Co-Operators General Insurance Co., 2020 ONSC 4955. This case concerned a motion brought by Co-Operators for summary judgment involving an unidentified vehicle claim by the plaintiff, Lamb.  The court considered whether there was a triable issue onRead 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 named in the 2021 edition of The Best Lawyers in Canada: Stephen Ross, Kevin Adams, Anita Varjacic, Brian Sunohara, and David Rogers.Read More

The Latest on Disclosure of Adverse Costs Insurance

By Andrew Yolles Since the proliferation of adverse costs insurance through the legal industry over the last few years, there have been a handful of decisions in Ontario dealing with a plaintiff’s disclosure obligations with respect to such insurance policies. Generally speaking, adverse costs insurance, sometimes referred to as “AdverseRead More

Court Denies Request for Summary Judgment Motion to be Heard Prior to Certification Motion in Class Action

The court has discretion on whether to permit a summary judgment motion to proceed prior to a motion for certification in a class action. In Belec v. Sun Life Assurance Company of Canada, 2020 ONSC 4961, Justice R. Smith outlined the following factors to consider, as determined in a previousRead More

What is a Speed Test?

A person who operates a motor vehicle is not permitted to engage in a “race” or a “speed test”. Doing so is a breach of a statutory condition in the standard Ontario Automobile Policy. In Vyas v. Brown, 2020 ONSC 4916, Justice O’Brien noted that the case law indicates that aRead More

Fridays With Rogers Partners

This morning, at our weekly firm meeting, Athina Ionita discussed the Supreme Court of Canada’s decision in Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19. This case dealt with a number of issues, including whether waiver of tort is a valid cause of action, the remedy of disgorgement, andRead More

Suspension of Limitation Periods Ending

The suspension of limitation periods in Ontario is coming to an end on September 14, 2020. The suspension is retroactive to March 16, 2020. If counsel were delaying commencing claims during the period of the suspension, now is the time to think about those claims. Section 1 of Ontario RegulationRead More

Chronic Pain and the MIG

By Alon Barda The issue as to what constitutes removal from the Minor Injury Guideline (“MIG”) continues to be one of the most common issues I deal with at the Licence Appeal Tribunal. This is particularly the case when the claim involves an apparent chronic pain diagnosis. The MIG establishesRead More