Civil Procedure – Rogers Partners LLP

The Rules They Are a-Changin’

rpllpadmin — Wed, 13 May 2026 17:34:27 +0000

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 be a little upset to have […]

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The Protection of a Jury Notice and the Limits of Rule 76

rpllpadmin — Wed, 15 Apr 2026 16:24:13 +0000

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 procedural choices, which are often made […]

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The Partial Summary Judgment Conundrum: The Shrinking Utility of Partial Summary Judgment Motions

rpllpadmin — Wed, 25 Feb 2026 22:30:06 +0000

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 earliest stage possible. Factual Background: Ms. […]

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Exceptional Remedies for an Exceptional Circumstance

rpllpadmin — Wed, 28 Jan 2026 22:34:16 +0000

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 with these principles in the recent […]

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Point Your Finger When You Plead: Causes of Action Struck for Failing to Articulate Basis for Claims

rpllpadmin — Thu, 08 Jan 2026 00:02:29 +0000

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 conclusions may not survive a motion […]

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Late Jury Notice? Industry Practice Won’t Bail You Out

rpllpadmin — Wed, 26 Nov 2025 23:13:57 +0000

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 assertions of inadvertence will not rescue […]

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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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New Changes to Ontario’s Rules of Civil Procedure regarding Disclosure of Partial Settlement Agreements

rpllpadmin — Wed, 18 Jun 2025 17:35:15 +0000

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 other plaintiff and defendant that is […]

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A Personal Injury Perspective on the Pre-Litigation Protocol proposed by the Civil Rules Review Phase 2 Consultation Report

rpllpadmin — Wed, 07 May 2025 15:51:42 +0000

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 CRR has been given an important […]

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The Various Tests for Dismissal for Delay

rpllpadmin — Thu, 10 Apr 2025 22:35:50 +0000

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 throughout the course of the litigation, […]

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