RP Blog
2026 End of Term Dinner
Several lawyers from Rogers Partners LLP were pleased to attend The Advocates’ Society’s End of Term Dinner last night. The evening brought together advocates and members of the judiciary in a setting that highlighted the hallmarks of our profession: collegiality and professionalism. We always appreciate opportunities to participate in eventsRead More
Update On Civil Rules Review
By Sebastian di Domenico As civil litigators across Ontario wait with bated breath, a joint statement from Attorney General Downey and Former Chief Justice Morawetz was released on May 28, 2026. The joint statement is promising since it suggests that the incoming changes will be implemented in a sequenced manner.Read More
From Axe to Scalpel: Ontario Court of Appeal Overrules the Handley Estate Rule
By Sarah Sevier In a significant decision for Ontario litigants, the Ontario Court of Appeal, sitting as a five-member panel, overturned the Handley Estate Rule in 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352, restoring the application of the ordinary abuse of process principles to casesRead More
Congratulations to Jessica Rost!
We are pleased to announce that Jessica Rost will be joining Rogers Partners LLP as an Associate following her call to the Ontario Bar later this month. Jessica recently completed her articling term with the firm, during which she became a valued member of our team. Working alongside lawyers acrossRead More
2026 Associates Appreciation Dinner
Our firm’s lawyers recently gathered for an Associates Appreciation Dinner hosted by our partner, Stephen Ross, and his wife, Patricia Ross, at their home. This special event provided an opportunity to connect outside the office, reflect on accomplishments, and recognize the dedication and hard work of our associates. In aRead More
The Gatekeeper Never Leaves: Expert Evidence Revisited Mid-Trial
By Miranda Lacalamita In the recent decision in Wallis v. Wawanesa Mutual Insurance Company, 2026 ONSC 2636, the Ontario Superior Court of Justice revisited its earlier decision to qualify a treating psychologist as a litigation expert mid-trial. The decision is an important reminder that the trial judge’s gatekeeping role doesRead More
Stephen Ross Speaking at Anatomy of a Trial
We are pleased to share that Stephen Ross will be speaking at an upcoming conference, Anatomy of a Trial: Taking the Plunge into a Jury Trial, presented by the Ontario Bar Association on May 28 and 29, 2026 in Toronto. This highly anticipated program will feature a distinguished faculty ofRead More
The Rules They Are a-Changin’
By Mihail Salariu Over 60 years ago, in 1964, Bob Dylan wrote a folk song about social, cultural and generational change, warning that those who do not adapt to the new will be left behind. Though Mr. Dylan had loftier and more poetic changes in mind, and may even beRead More
Medical Expert Evidence Gone Wrong
By Megan Chan In medical malpractice actions against physicians, a mere error of judgment will not be sufficient to yield damages in tort. Physicians may have differing opinions on treatment. If the error could be made while working within the standards of ordinary care, the error will not constitute negligence.Read More
Don’t Let a Narrow Definition Backfire on You: Why Unusual Events Can Still Count as Accidents Under the SABS
By Laura Bruce The Licence Appeal Tribunal recently released a decision that offers insight into when uncommon events, despite their rarity, still qualify as accidents under the Statutory Accident Benefits Schedule. In Sala v. Aviva Insurance Company of Canada, 2025 ONLAT 23-011234/AABS, the claimant applied to his insurer, Aviva, forRead More
The Protection of a Jury Notice and the Limits of Rule 76
By Jordan Petruska In Emamnazar v. Reid, 2026 ONSC 2062, The Court considered a plaintiff’s motion to amend their Statement of Claim to reduce damages to $200,000 and proceed under Rule 76 (Simplified Procedure), while also seeking to strike the defendant’s long‑standing Jury Notice. The Court’s decision highlights how proceduralRead More
Indemnity Runs Through the Underlying Litigation, Not Around It: A Cautionary Reminder on Timing of Coverage Determinations
By Jordan Kazan Baigrie The Ontario Superior Court of Justice’s recent decision in Krandel v. CPA Professional Liability Plan Inc., 2026 ONSC 262, provides a practical reminder for insurers: attempts to secure early determination of indemnity obligations may fail where the analysis is intertwined with disputed facts in the underlying litigation. BackgroundRead More
Vicarious Liability of Homeowners in Dog Bite Cases
By Jeffrey Allen In the recent Court of Appeal for Ontario decision, Hartin v. Hynes, the Court considered the liability of the owner of a home where a dog bite incident occurred.[1] Background The appellant, Tamara Hartin, suffered significant injuries after being bitten by a dog while visiting a homeRead More
Can a Comma Decide Coverage?
By Jaaron Pullenayegem Sometimes the difference between coverage and no coverage comes down to a single comma. Insurance policies often contain listed items with a trailing modifier at the end. However, disputes can arise in deciding whether the modifier at the end of a list applies to all of theRead More
Testing the Evidence: A Defence Perspective on Civil Sexual Abuse Claims
By Isha Sharma Civil sexual abuse claims in Ontario present a distinct evidentiary challenge. Unlike most civil cases, which rely on documents or independent witnesses, these claims often turn primarily on the testimony of the plaintiff. The difficulty is compounded by the fact that many allegations surface years, sometimes decades,Read More
Deemed Waiver: Protecting Your Solicitor-Client Privilege
By Heera Elize Sen Solicitor-client privilege is one of the most sacrosanct principles of our legal system. It is a principle of fundamental justice that enables clients to speak candidly with their lawyers, secure in the knowledge that those communications will remain confidential. While robust and a substantive right, theRead More
Slipping into Irrelevance: The Ontario Court of Appeal Provides Further Clarification on the Admissibility of Expert Evidence in Jury Trials
By Edmund Nilson In Pederson v. Forget, 2026 ONCA 118, the Ontario Court of Appeal provided further guidance on the admissibility of expert evidence in jury trials. The Court also provided insight into when a trial judge’s exclusion of evidence constitutes a “miscarriage of justice.” Factual Background This case wasRead More
The Partial Summary Judgment Conundrum: The Shrinking Utility of Partial Summary Judgment Motions
By Cameron Allan In Kotsopoulos v. Toronto (City), 2026 ONCA 121, the Ontario Court of Appeal provides further insight on the limited availability of partial summary judgement motions. The Court also highlights the obligations of parties opposing partial summary judgment to raise issues with partial summary judgment at the earliestRead More
Supreme Court Clarifies Interplay Between Coverage Extending Endorsements and Policy Exclusions in Homeowners Policies
By Aliyyah Khan When disaster strikes, homeowners expect their insurance policies to provide a safety net. But what happens when rebuilding a house means facing not just the cost of construction, but also the price tag of complying with additional conservation regulations? The Supreme Court of Canada’s recent decision inRead More
Exceptional Remedies for an Exceptional Circumstance
By Zoe Panday The ability of a party to choose counsel to represent them in litigation is a fundamental element of the legal system. However, while rarely engaged, courts in Ontario have inherent jurisdiction to remove lawyers or law firms from the record. Honourable Justice Valente had to grapple withRead More
Rogers Partners LLP Welcomes Aliyyah Khan as Associate
Rogers Partners LLP is pleased to announce that Aliyyah Khan was called to the Ontario Bar last week and has joined our firm as an associate. Aliyyah completed her articles with us, where she demonstrated strong legal skills, professionalism, and a thoughtful approach to client advocacy. Aliyyah previously practised lawRead More
The Toll of the Tough Road
By Shannon Mascarenhas It is well known that in Ontario, the Superior Court of Justice holds broad discretion when awarding costs.[1] In exercising this discretion, the court may consider, in addition to the result of the hearing, a range of factors including offers to settle, the principles of indemnity, theRead More
Rogers Partners LLP Expands Its Team with Two New Associates
We’re pleased to welcome Jordan Kazan Baigrie and Isha Sharma to our firm as associates! Jordan and Isha each bring strong credentials, thoughtful perspectives, and a commitment to excellent client service. We’re excited to have them join our team and look forward to the contributions they’ll make to our clientsRead More
Point Your Finger When You Plead: Causes of Action Struck for Failing to Articulate Basis for Claims
By Shane Marston Overview The Court of Appeal released its decision in Derenzis v. Ontario, 2025 ONCA 893, on December 24, 2025. The decision is a reminder that pleadings must set out the material facts linking specific defendants to recognized causes of action. Generalized and abstract allegations or legal conclusionsRead More
No Expert Report, No Genuine Issue Requiring a Trial: Expert Reports Needed in Medical Malpractice Actions
By: Sebastian di Domenico In Chapin v. Baboolal et al, 2025 ONSC 5217, Justice R.A. Lepere agreed to grant a summary judgment motion brought by the defendants because the plaintiffs failed to provide an expert report to support their action, so there was no genuine issue requiring a trial. TheRead More
Brian Sunohara Co-Chairing Tricks of the Trade
The Advocates’ Society’s Tricks of the Trade Conference is taking place on January 30, 2026, in Toronto. For more than three decades, Tricks of the Trade has been the leading annual conference for the Ontario personal injury bar, addressing current challenges facing both plaintiff and defence counsel. Esteemed faculty fromRead More
2025 Holiday Party
This past Friday, the Rogers Partners team came together to celebrate the holiday season! It was a wonderful opportunity to reflect on the past year and appreciate the hard work of our amazing colleagues. A huge thank you to our team for their dedication, passion, and unwavering commitment to excellence!Read More
Splitting the Bill: Apportioning Plaintiffs’ Costs Between Insurers
By Sarah Sevier In the recent decision Stenton v. Estate of El Rifai, 2025 ONSC 6806, the Ontario Superior Court of Justice addressed the apportionment of plaintiffs’ costs between responding insurers following the settlement of a complex motor vehicle case, emphasizing that insurers’ conduct throughout the litigation can, and should,Read More
Holiday Sweater Day
We brought a little extra cheer to the office today with our annual Holiday Sweater Day, and the team did not disappoint. From classic knits to bold and festive designs, everyone showed up in style and spirit! It’s always great to take a moment during this busy season to celebrate,Read More
No Harm, No Stay: Court of Appeal Rejects Stay of Divisional Court Judgment
By Riley Groskopf The Ontario Court of Appeal recently released its decision on a motion to stay a judgment pending an appeal of a Divisional Court decision, in Sorrentino v. Certas Home and Auto Insurance Company, 2025 ONCA 835. The decision comes on the heels of a brief Oral endorsementRead More
Welcoming Our New Associates!
Rogers Partners LLP is excited to welcome Teresa Park and Edmund Nilson to our team as associates! Teresa and Edmund bring exceptional talent, fresh perspectives, and a strong commitment to excellence in the practice of law. We’re thrilled to have them on board!Read More
Late Jury Notice? Industry Practice Won’t Bail You Out
By Miranda Lacalamita In the recent decision in Sanabria v. Nizam, 2025 ONSC 6118, the Ontario Superior Court of Justice dismissed a motion for leave to file a jury notice almost four years after the close of pleadings. The decision is a pointed reminder that “industry practice” and bare assertionsRead More
Co-Owning a Car and Vicarious Liability
By Mihail Salariu Consider this: Two owners of a vehicle. One held a policy of insurance. The other did not and was never a named insured or listed driver on the co-owner’s policy. The uninsured owner gives consent to a third party to drive the co-owned vehicle. The insured co-ownerRead More
Ontario Court of Appeal to Municipalities on “Untravelled” Portions of Roadways: “Look Out (for) Bello!”
By Michael Kryworuk On November 7, 2025, Justice Bradley W. Miller, writing on behalf of a three-judge panel of the Ontario Court of Appeal, released their decision in Bello v. Hamilton (City) 2025 ONCA 758. This matter concerned an appeal of a successful summary judgment motion brought by the municipality,Read More
Long-tail claims over multiple policy periods? Look to Loblaws
By Megan Chan In the recent Ontario Superior Court decision in His Majesty the King in Right of Ontario v. Royal & Sun Alliance Insurance Company of Canada et al., 2025 ONSC 5670, the Court confirmed that the proper method of allocation of defence costs as between insurers who insuredRead More
Don’t Let a Narrow Definition Backfire on You: Why Unusual Events Can Still Count as Accidents Under the SABS
By Laura Bruce The Licence Appeal Tribunal recently released a decision that offers insight into when an uncommon event, despite its rarity, still qualifies as an “accident” under the Statutory Accident Benefits Schedule. In Sala v. Aviva Insurance Company of Canada, 2025 ONLAT 23-011234/AABS, the claimant applied to his insurer,Read More
Celebrating Our Clients: A Night of Appreciation and Connection
Last night, we hosted our Client Appreciation Party, and it was such a pleasure to celebrate with those who make our work so meaningful. We truly appreciate your trust, partnership, and continued support. The night was filled with great conversations, laughter, and connection — a reminder of how fortunate weRead More
Recreational Risks and Legal Boundaries: The Scope of Occupiers’ Liability
By Jordan Petruska In Hudson v. Drain, 2025 ONSC 5396, the Ontario Superior Court of Justice addressed the complex interplay between common law negligence and the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (“the Act”), in the context of a recreational injury on rural property. This case arose from aRead More
The Right-of-Way Won’t Save You: Ontario Court Reinforces Duty of Care for Drivers
By Jaaron Pullenayegem As McFee v. Sutram, 2025 ONSC 5526 shows, following the rules of the road doesn’t automatically mean a driver has met the standard of care or that he does not owe a duty of care to other vehicles that break the rules. The Ontario Superior Court’s decisionRead More
Lower Court Judgments Cannot Be Turned Over on Consent
By Heera Elize Sen Can parties ask an appellate court to erase a trial judge’s order by consent? In Martin v. 11037315 Canada Inc., 2025 ONCA 648, the Ontario Court of Appeal gave a firm answer: no. Appellate courts are not rubber stamps. To overturn a lower court decision onRead More
Driving With An Expired Driver’s Licence: You May Still Be Covered
By Farid Mahdi In Ontario, if a driver is involved in a car accident while driving without a valid driver’s licence, the driver may be denied insurance coverage making them personally responsible for any damages and injuries to others involved. In Urban Lennox Gibbs v. Security National Insurance Company et al.,[1]Read More
Pipped by the PLUP – The Importance of Considering Ontario’s Automobile Insurance Scheme in Insurance Priority Disputes
By Cameron Allan OVERVIEW In its recent decision in Rodriguez-Vergara v. Lamoureux, 2025 ONCA 620, the Ontario Court of Appeal clarified the priority of coverage between the OPCF 44R Family Protection endorsement and a personal umbrella liability policy (PLUP). Ultimately, the Court found that automobile insurance policies, including the OPCFRead More
Rogers Partners Lawyers Named in The Best Lawyers in Canada
Rogers Partners LLP is pleased to announce that several of our lawyers have been recognized in the 2026 edition of The Best Lawyers in Canada™. Congratulations to Stephen Ross, Kevin Adams, Anita Varjacic, Brian Sunohara, David Rogers, and Jason Frost! This recognition reflects not only their individual skill and professionalism, but also the strength and dedication ofRead More
Minor Injuries, Major Implications: Dooman Draws a Line on MIG Challenges
By Shannon Mascarenhas Dooman v. TD Insurance Co., 2025 ONSC 184, provides guidance from the Ontario Divisional Court on challenging Licence Appeal Tribunal (“LAT”) decisions under the Statutory Accident Benefits Schedule (“SABS”). Background Mr. Dooman was rear-ended in 2020 and sought accident benefits in excess of the $3,500 Minor InjuryRead More
A Not So Sweet Settlement: Court Upholds Consent Judgment
By Susan McKelvey In the recent Ontario Superior Court of Justice decision of Abdullah v. Mursal, 2025 ONSC 4647, the court addressed the complex legal implications of insurance settlements made without the insured’s direct consent. Background Information In September 2017, Fathi Mursal was operating a motor vehicle in Scarborough, Ontario.Read More
2025 Practice Management Seminar & Dinner
We hosted our annual Practice Management Seminar & Dinner yesterday — a valued tradition at our firm that brings together our lawyers and students for an evening of shared learning, practical insights, and professional growth. This year’s program covered a wide range of topics — from file opening checklists andRead More
2025 Summer Social
Yesterday, our team enjoyed a fantastic afternoon at the Toronto Blue Jays game for our annual Employee Summer Social. With beautiful weather, great company, and a Blue Jays win to top it off, it was the perfect way to unwind and connect outside the office!Read More
Insurer’s Liability: E&O Fraud Endorsement Does Not Extend to Trust Deposits
By Shane Marston In 2069586 Ontario Inc. v. Sovereign General Insurance Company, 2025 ONSC 4468, the Ontario Superior Court of Justice granted reverse summary judgment in favour of the defendant Sovereign General Insurance Company (“Sovereign”), dismissing the action against them. Justice McCarthy concluded that the plaintiffs had no right toRead More
Not Close Enough: When Will a Court Find a Defendant Vicariously Liable?
By Sebastian di Domenico In Dunford v. Hamilton-Wentworth District School Board, 2025 ONCA 438, the Ontario Court of Appeal (“the Court”) addressed the legal test for vicarious liability. Although this case pertains to the tort of sexual battery, the Court’s test for vicarious liability applies to other torts as well.Read More
Rogers Partners Welcomes Zoe Panday
We’re thrilled to announce that Zoe Panday has joined Rogers Partners LLP as our newest Associate! Zoe brings with her an impressive background in insurance defence litigation, having independently managed a broad range of tort and accident benefit files. Her sharp legal acumen is backed by strong advocacy skills. BeyondRead More
Essential Expertise: The Importance of Expert Evidence to Inform Standard of Care
By Riley Groskopf The Ontario Superior Court of Justice recently released a trial decision in the matter of Valerio et al. v. The Corporation of the City of London et al., 2025 ONSC 4332. The plaintiffs, Mr. Valerio and his family, claimed against the City of London as well asRead More
Artificial Intelligence: Efficiency v. Dangers of Cutting Corners
By Mihail Salariu It’s hard to disagree that technological improvements have made positive contributions to the legal profession. Notwithstanding the lists of drawbacks and trade-offs readily argued by those who enjoyed spending two nights at a Best Western after a short flight to the Sault, virtual hearings and examinations, cloudRead More
Meet Our New Articling Students
We’re excited to welcome our new articling students to the firm! This week, Catherine Avrutin, Yurii Banakh, Aliyyah Khan, Orjita Madhurjo, and Jessica Rost began the next step on their journey to becoming lawyers. We’re looking forward to the talent, energy, and fresh perspectives they’ll bring as they embark onRead More
Divisional Court Rules that SABS Claimant Can’t Have his Tort(e) and Eat More SABS Benefits Too
By Michael Kryworuk On July 2, 2025, Justice Richard A. Lococo, writing on behalf of a panel of the Ontario Superior Court of Justice Divisional Court, released their decision in Sistermans v. CAA Insurance Co., 2025 ONSC 3809. This matter concerned an appeal and judicial review of a decision andRead More
The Intentional or Criminal Acts Exclusion Applies Despite a Finding of Not Criminally Responsible
By Megan Chan Aviva Insurance v. Haan[1], is another decision that insurers can rely on to support a position that there is no duty to defend a claim for property damage arising out of intentional acts on the part of the insured. In situations where an insured is found notRead More
Contaminated Coffee Found Not Responsible for Plaintiff’s Maladies
By Luke Hamer The case of MacNeill v. McDonald’s Restaurants of Canada Limited, 2025 ONSC 3780, involves a plaintiff who drank coffee from a paper cup she purchased at a McDonald’s restaurant in Orillia, which was later found to contain a diluted deliming agent used to clean the coffee pots.Read More
Trial Decision Addresses Occupiers’ and Winter Maintenance Contractors’ Obligations in Ensuring Outdoor Pedestrian Safety
By Jordan Petruska In Sprowl v. First Capital, 2025 ONSC 3628, trial proceeded in an action arising from a slip-and-fall incident involving an 81-year-old woman, who slipped on an icy patch in the parking lot of a plaza in Waterloo. The accident occurred on January 12, 2020, and the plaintiffRead More
Rogers Partners Welcomes Laura Bruce
We’re thrilled to welcome Laura Bruce to Rogers Partners LLP! Laura brings a strong background in statutory accident benefits and a broad range of tort claims, with a practice grounded in thoughtful advocacy and practical problem-solving. With her keen attention to detail and commitment to efficient, client-focused solutions, Laura isRead More
New Changes to Ontario’s Rules of Civil Procedure regarding Disclosure of Partial Settlement Agreements
By Jeffrey Allen This week, an amendment to Rule 49 of Ontario’s Rules of Civil Procedure came into effect. As of June 16, 2025, the revised Rule 49.14 makes it mandatory for parties that have reached a partial settlement agreement to disclose the terms of said agreement to every otherRead More
Implied Consent: Vicarious Liability of Vehicle Owners by Virtue of Legislation
By Farid Mahdi Automobile insurance is compulsory in Ontario.[1] The purpose of this legislation is to protect innocent victims of automobile accidents “from having no means of seeking damages from persons who might have caused those damages without having the protection of automobile insurance.”[2] Fault for the negligent operation ofRead More
The Effectiveness of Summary Judgment in Resolving Liability Disputes with OPCF 44R Carriers
By Cameron Allan Overview: A recent decision from the Ontario Superior Court exemplifies the effectiveness of summary judgment in addressing liability disputes between a defendant OPCF 44R carrier and co-defendant vehicle operator in motor vehicle accident litigation. In Farrugia v. Doe et. al., 2025 ONSC 3065, an OPCF 44R carrierRead More
Rogers Partners Welcomes Grant Black!
We are very pleased to welcome Grant Black to Rogers Partners LLP! Grant brings valuable experience to the firm, having previously served as in-house counsel at a major insurance company. In that role, he managed a broad spectrum of insurance-related matters, giving him a deep understanding of the industry’s legalRead More
Limitations on Recovery of Indemnity in Priority Dispute Arbitration Proceedings – Where has the Court of Appeal left us?
By Kevin Adams The Ontario Court of Appeal’s decision in Echelon General Insurance Company v. Unifund Assurance Company, 2025 ONCA 324, was released last week. It was decided in the context of a priority dispute and addresses issues concerning claims for reimbursement of adjusting expenses incurred by the handling insurerRead More
A Personal Injury Perspective on the Pre-Litigation Protocol proposed by the Civil Rules Review Phase 2 Consultation Report
By Susan McKelvey As many involved in the legal system are aware, major changes have been proposed to Ontario’s Rules of Civil Procedure in a Phase 2 Consultation Report prepared by the Civil Rules Review (“CRR”) Working Group, which was published in April 2025 (the “Phase 2 Report”). The CRRRead More
Rogers Partners Welcomes Luke Hamer!
We are delighted to welcome Luke Hamer to the firm! Called to the Bar in 2013, Luke has developed a robust civil litigation practice. He has represented clients in a wide range of claims, including motor vehicle accidents (both tort and accident benefits), occupiers’ liability, and other complex injury matters.Read More
Inappropriate Behaviour by Litigants Can Have Adverse Cost Consequences
By Shane Marston In Affleck v. Sunrise Senior Living, Inc., 2025 ONCA 267, the Court of Appeal dismissed the self-represented plaintiff’s appeal from the trial Judge’s merits and costs decision. At trial, with reasons reported in Affleck v. Sunrise Senior Living, Inc., 2023 ONSC 1405, Justice J.T. Akbarali dismissed theRead More
From Articling Students to Associates – Congratulations!
Congratulations to our incredible articling students, Miranda Lacalamita, Jaaron Pullenayegem, Heera Sen, and Sarah Sevier! We are thrilled to announce that they will be joining our firm as Associates following their Call to the Bar this summer. Their dedication, talent, and hard work have impressed us all, and we lookRead More
S. 29.1(1) of Ontario’s Class Proceedings Act: When Can a Court Dismiss a Class Action for Delay?
By Sebastian di Domenico In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5, the Ontario Court of Appeal addressed the issue of how to interpret s. 29.1(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 (the “CPA”) which came into force on October 1, 2020. TheRead More
The Various Tests for Dismissal for Delay
By Riley Groskopf In Alvi v. YM Inc., 2025 ONSC 2041, the Ontario Superior Court of Justice refused to restore an action to the trial list, and simultaneously, dismissed an action due to delay. The case reinforces the importance of taking positive actions to move files forward without delay throughoutRead More
Anton Piller Orders: Exceptional Relief and a Reminder of the Adversarial Conversation
By Mihail Salariu Junior associates in civil litigation spend a great deal of time navigating layers of rules and procedures. We are mindful of deadlines, fearful of mistakes, and strive to master the technical elements of practicing the law. These early years of practice are not always as glamorous asRead More
Is It Prejudicial to Be Added to a Claim that Might be Doomed to Fail?
By Michael Kryworuk On March 18, 2025, Justice John Krawchenko of the Ontario Superior Court of Justice released his decision in Mazgaj v. Reyes, 2025 ONSC 1721. This decision concerned a motion brought by the plaintiff, Tadeusz Mazgaj to amend their statement of claim to add two additional parties (Mrs.Read More
Pro Rata Sharing of Policy Funds in Legal Expense Insurance Policies
By Megan Chan In Spencer et al. v. Omega Insurance Company et al., 2025 ONSC 1022, the Court interpreted a Legal Expense Insurance policy in an application by the defendants in an underlying lawsuit for indemnification for their legal costs awarded to them in that lawsuit. This decision reiterated theRead More
Compelling the Crown to Participate in Discovery
By Kathryn Orydzuk Background Two actions have arisen out of a fatal motor vehicle accident that occurred in February of 2015 on a highway in Northern Ontario in the midst of a winter storm. It is alleged that the road conditions were poor. His Majesty The King, In Right ofRead More
Section 18 of the Limitations Act – Resetting the Ultimate Limitation Period for Contribution Claims
By Jordan Petruska In Lower Williams Properties Ltd. v. Santaguida, 2025 ONSC 1132, the third party brought a Rule 21 motion in multiple related actions on the grounds that the third party action was barred by the 15-year ultimate limitation period. Background The actions all arose from a 2019 fireRead More
Demeanor Remains Relevant When Assessing Credibility at Examinations for Discovery