Appeals – Rogers Partners LLP

No Harm, No Stay: Court of Appeal Rejects Stay of Divisional Court Judgment

rpllpadmin — Wed, 03 Dec 2025 22:30:21 +0000

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 endorsement of the Divisional Court ordering […]

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Lower Court Judgments Cannot Be Turned Over on Consent

rpllpadmin — Wed, 01 Oct 2025 18:07:15 +0000

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 on consent, in the absence of […]

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A Slippery Slope: Leave to Appeal Denied on Whether Slipping on Ice Constitutes an “Accident”

rpllpadmin — Wed, 15 Jan 2025 23:11:38 +0000

By Cameron Allan Introduction: In its recent decision in Davis v. Aviva General Insurance Company, 2024 ONCA 944, the Ontario Court of Appeal denied leave to appeal a Divisional Court decision about whether slipping on ice while walking toward one’s vehicle constitutes an “accident” as defined by the Statutory Accidents Benefit Schedule (“SABS”). The Court […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 15 Nov 2024 19:22:00 +0000

At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Court of Appeal (“ONCA”) in Passmore v. Hamilton (City), 2024 ONCA 825. The ONCA granted the appeal, overturning a summary judgment motion, and remitted the matter back to the Superior Court of Justice for trial. The case centers on the motion judge’s […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 20 Sep 2024 08:53:00 +0000

At our weekly meeting, Heera Elize Sen discussed the recent Court of Appeal decision, Kerk-Courtney v. Security National Insurance Company (TD General Insurance Company), 2024 ONCA 676, where the court considered the issue of whether an insurance company owed a duty to defend and indemnify its insured. The Court of Appeal found that the application […]

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When Are the Reasons Provided by a Judge Insufficient?

rpllpadmin — Thu, 15 Aug 2024 13:42:44 +0000

By Sebastian di Domenico In Willick v. Willard, 2023 ONCA 792, the Ontario Court of Appeal dismissed the appeal of the plaintiffs who argued, among other things, that the trial judge erred in law by failing to provide sufficient reasons. This was a complex medical malpractice case. On March 10, 2014, Brian Willick had fallen […]

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Fridays with Rogers Partners

rpllpadmin — Mon, 05 Aug 2024 22:45:59 +0000

At our weekly meeting, Jaaron Pullenayegem discussed the recent decision of the Ontario Court of Appeal in Hasan v. Trillium Health Centre (Mississauga), 2024 ONCA 586, dismissing a doctor’s appeal in a medical malpractice case, and upholding the trial judge’s conclusions. Overview The plaintiff, Mr. Hasan, suffered a stroke and was treated by Dr. Campbell […]

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Internet Attacker Misses Appeal Deadline

rpllpadmin — Thu, 01 Aug 2024 09:20:52 +0000

By Shannon Mascarenhas The case of Clancy v. Farid, 2024 ONCA 568, certainly has a colourful history. For an in depth summary of the case in the lower court, see our firm’s blog post from earlier this year. In short, this was a claim for defamation brought by 53 plaintiffs against an internet bully – […]

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Leave to Amend Pleadings is Not an Absolute Right

rpllpadmin — Wed, 24 Jul 2024 21:22:35 +0000

By Sebastian di Domenico In McFadden v. Psutka, 2024 ONCA 203 (CanLII), the Ontario Court of Appeal addressed an appeal from the dismissal of the appellants’ motion for leave to amend their claim. This case arises from alleged negligent treatment provided by the respondent, Dr. David J. Psutka. The motion judge had dismissed the appellants’ […]

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COVID Business Interruption Coverage Denial Upheld by ONCA

rpllpadmin — Wed, 19 Jun 2024 22:34:46 +0000

By Kathryn Orydzuk Background The appellants/plaintiffs appealed the June 5, 2023 decision of Penny J. of the Ontario Superior Court (Workman Optometry Professional Corporation v. Certas Home and Auto Insurance, 2023 ONSC 3356), which was heard by the Ontario Court of Appeal on June 12, 2024 (Workman Optometry Professional Corporation v. Certas Home and Auto […]

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