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CaseLines Now in East and Northwest Regions

The Ontario Superior Court of Justice has issued a Supplementary Notice to the Profession and Litigants regarding the CaseLines document storage platform. CaseLines has now been implemented in Toronto. On March 1, 2021, it was expanded to the East and Northwest regions. In these regions, CaseLines will first be used forRead More

Door Remains Closed on Social Host Liability

By Erin Crochetière In Jonas v. Elliott, 2021 ONCA 124, the Court of Appeal added to the history of cases in which the courts have declined to recognize a duty of care between social hosts and those injured by the actions of their guests.[1] The plaintiff, Mr. Jonas, was assaultedRead More

Divisional Court Allows Appeal on Court-Appointed Expert

In Sosnov v. J&H Freiberg, 2021 ONSC 1081, the Divisional Court overturned an order regarding a court-appointed expert. The action involves an occupiers’ liability claim. The plaintiff alleges that she hit her head on the underside of an interior staircase in a building. At a pre-trial conference, the pre-trial judge feltRead More

Rogers Partners Hiring Mid-Level Associate

Rogers Partners LLP is seeking an associate lawyer to join our team. Interested candidates should have three to five years of relevant experience. Please submit your CV, transcripts, and any reference letters to Anita Varjacic c/o Nancy Buronyi at nancy.buronyi@rogerspartners.com.Read More

Disclosure of Communications at Pre-Trial Conferences

Discussions at a pre-trial conference are generally without prejudice and cannot be subsequently disclosed in the proceeding. Rule 50.09 of the Rules of Civil Procedure states: No communication shall be made to the judge or officer presiding at the hearing of the proceeding or a motion or reference in theRead More

Fridays With Rogers Partners

At our weekly firm meeting, Angeline Bellehumeur discussed the case of Van Dijk-Alac v. Aviva General Insurance Company, 2021 ONSC 1344. The court considered various relief sought by the defendant, Aviva General Insurance Company (“Aviva”). The following are highlights of the Court’s decision with respect to Aviva’s motion for anRead More

Court Comments on Supervision of Junior Lawyers and Students During Pandemic

Working from home during the pandemic has been necessary, but a recent decision of Justice Myers shows that it is not without some problems. The decision, Polgampalage v. Devany, 2021 ONSC 1157, involved an unopposed motion to transfer an action from Windsor to Toronto. Justice Myers dismissed the motion becauseRead More

Misunderstanding Over Scope of Claims Leads to Dispute at Trial

By Emily Vereshchak The mid-trial ruling of Justice Tranquilli in Solanki v. Reilly, 2021 ONSC 1326,[1] provides an analysis of the importance for counsel to ensure there is a “meeting of the minds” with regards to which claims are being pursued at trial. Overview The plaintiff sought to lead theRead More

Notice to the Profession on Civil Trials in Central East Region

The Central East Region of the Ontario Superior Court of Justice recently issued a new Notice to the Profession dealing with civil trials. The regular civil trial sittings will commence on May 17, 2021 for three weeks. Only non-jury matters will be heard. Trials will be conducted virtually. The following cases areRead More

Claim Struck Against Condo Board Members

In Matlock v. Ottawa-Carleton Standard Condominium Corporation No. 815 et al, 2021 ONSC 390, the plaintiff commenced an action against a condominium corporation for various alleged deficiencies. He also sued several members of the condominium’s Board of Directors. The board members brought a motion to strike the claim as against them. JusticeRead More

Fridays With Rogers Partners

At our weekly firm meeting, Athina Ionita discussed the case of Levant v. Demelle, 2021 ONSC 1074. The court granted an anti-SLAPP motion and dismissed the plaintiffs’ defamation action for lack of evidence of the impugned statements causing harm to the plaintiffs. Facts The plaintiffs, Rebel News Network and itsRead More

Matthew Umbrio in The Lawyer’s Daily

Matthew Umbrio was recently published in a two-part series in The Lawyer’s Daily. Matthew discusses two recent court decisions on motions to strike jury notices. The two parts can be found here: Part 1Part 2Read More

Scope of Documentary Production in Loss Transfer Disputes: Reasonableness, Probative Value and Costs of Production

By Colleen Mackeigan In the recent decision of Unifund Insurance Company v. Chartis Insurance Company of Canada (January 14, 2021), Arbitrator Bialkowski granted a wide breadth of documentary production requested in the context of a loss transfer dispute. His decision was predicated on the reasonableness of the requests and theRead More

Perfect Knowledge Not Required to Start Limitations Clock

The case of Taiga Building Products Ltd. v. Classic Fire Protection Inc., 2021 ONSC 676, addresses the type of knowledge required to start the limitations clock. On January 11, 2014, a sprinkler system inside the plaintiff’s business premises ruptured and caused a flood. Slightly more than two years later, on FebruaryRead More

Fridays With Rogers Partners

At our weekly firm meeting, Angeline Bellehumeur discussed the case of Kaushal v. Vasudeva et al., 2021 ONSC 440. The court considered a motion by the Applicant to strike the evidence of the Respondent on the basis of misconduct during his cross-examination via Zoom. Specifically, the Respondent was receiving promptsRead More

The New Tort of Harassment in Cyber-Stalking Case

By Andrew Yolles A judge of the Ontario Superior Court of Justice has recognized a new common law tort of harassment. As recently as 2019, the Ontario Court of Appeal declined to recognize the existence of a tort of harassment in Canadian law. In his recently released decision in CaplanRead More

New Practice Direction on Observing Appeals

In normal times, people can walk into a courtroom at the Court of Appeal to watch a hearing, save for limited circumstances. This is part of the “open court” principle. However, due to the pandemic, appeals are being heard remotely by video conference. The Court of Appeal has issued a practiceRead More

The Scope of Re-Examination on Discovery

By Gemma Healy-Murphy There are many frustrations in the litigation process, the most recent of which crossed my desk during the course of an examination for discovery of an opposing party where at the conclusion of my examination, the opposing lawyer chose to conduct a re-examination of their witness. TheRead More

Rogers Partners Volunteers at U of T Moot

Rogers Partners is proud to support the future of the legal profession by volunteering for the University of Toronto Faculty of Law Upper Year Moot. Brian Sunohara, Rebecca Moore, Andrew Yolles, and Meryl Rodrigues were all judges in this year’s moot and were very impressed by the excellent advocacy demonstratedRead More

Fridays With Rogers Partners

At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Superior Court, Memelli v. Bhandal, 2021 ONSC 802. In this decision, the court considered a refusals motion brought by the defendant. Facts This case arose from a motor vehicle accident that occurred in 2017. There was evidence toRead More

Amendments to Occupiers’ Liability Act Now in Force

The amendments to the Occupiers’ Liability Act came into force on January 29, 2021. This means that plaintiffs now have to comply with a 60 day notice requirement for occupiers’ liability claims involving accidents caused by snow or ice. Written notice has to be provided to an occupier of theRead More

Working from Home and Blue Popsicles

By Alon Barda I am often asked how many children I have and I tend to respond jokingly (sort of) that I have 34 kids. In actual fact, that number is four with the ages being 2, 5, 7 and 9. While I used to joke I was not sure,Read More

Lessons on Trial Practice

Brian Sunohara spoke at The Advocates’ Society’s Tricks of the Trade Conference last week on “Girao v. Cunningham: Lessons on Trial Practice and Fairness for Self-Represented Litigants”. Brian wrote a paper in conjunction with his presentation. The paper covers the following topics: the use of joint document books;introducing evidence ofRead More

Rogers Partners Occupiers’ Liability Handbook

We’re pleased to present the Rogers Partners Occupiers’ Liability Handbook! This resource is a comprehensive guide containing strategies and key things to consider when handling occupiers’ liability claims, particularly from the defence perspective. It includes the following topics: Retainer: Initial Review and Ongoing CommunicationsResponding to the ClaimLiability and the TransferRead More

Fridays With Rogers Partners

This morning, at our weekly meeting, we had a group discussion on the Court of Appeal’s decision in Louis v. Poitras, 2021 ONCA 49, which was released earlier this week. The decision addresses striking jury notices due to delay caused by the pandemic. We previously wrote a summary of thisRead More

Court Provides Updated FAQs on CaseLines

The Ontario Superior Court of Justice has updated its Frequently Asked Questions about CaseLines. The updates include required document naming protocols and information on using tabs, bookmarks, and hyperlinks.Read More

The Basics of Court Approval of Settlements

By Jocelyn-Rose Brogan Any settlement of a claim by or against a person under a disability, which includes a minor, requires court approval pursuant to rule 7.08 of the Rules of Civil Procedure. If the settlement occurs before a lawsuit is commenced, approval of a judge has to be soughtRead More

Striking Jury Notices During COVID Depends on Local Conditions

By Brian Sunohara The Ontario Court of Appeal released a decision yesterday which shows that striking a jury notice in the context of the COVID-19 pandemic is location-specific and case-specific. In Louis v. Poitras, 2021 ONCA 49, the Court of Appeal overturned a decision of the Divisional Court and reinstatedRead More

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

Judges’ Reasons in Small Claims Court: How Detailed?

Since the Small Claims Court limit increased from $25,000 to $35,000 last year, we will likely see an increase in Small Claims Court lawsuits. This means that judges hearing Small Claims Court trials will be busier than ever. The question then arises:  how detailed do trial judges’ reasons need toRead 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. [Update:Read 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