Civil Procedure – Rogers Partners LLP

Who’s on First (to be Examined at Discovery)?

rpllpadmin — Wed, 11 Nov 2026 21:49:58 +0000

By Michael Kryworuk In October 2026, Justice Spencer Nicholson released his Endorsement in A.F. v. The Roman Catholic Episcopal Corporation of the Diocese of London in Ontario, 2026 ONSC 6201, following a case conference to resolve a dispute about whether the plaintiff should be required to be examined for discovery before the representatives of the […]

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Relevant and Proportional: A Case Analysis Surrounding Production of Documents in Litigation

rpllpadmin — Thu, 22 Oct 2026 13:42:13 +0000

By Kathryn Orydzuk Background The Ontario Superior Court of Justice released an Endorsement in George W. Corporation v. Gomma, 2026 ONSC 5811 on October 14, 2026, in relation to a motion brought by the plaintiffs for the production of further disclosure and a further and better affidavit of documents. In the broader litigation, the plaintiff […]

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Ontario’s Uninsured Vehicle Tort Bar: “I Owned It” is Not the End of the Story

rpllpadmin — Wed, 07 Oct 2026 22:39:08 +0000

By Jessica Rost Under Section 267.6(1) of the Insurance Act, a tort claim by the owner of a motor vehicle may be barred if he or she does not have insurance on the vehicle at the time of the incident, in contravention of s.2(1) of the Compulsory Automobile Insurance Act. The recent decision in Bennett […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 04 Sep 2026 23:12:00 +0000

At our weekly meeting, Nathan Ching discussed the recent decision of the Ontario Superior Court of Justice in Johnson v. Rajanna et al, 2026 ONSC 4875. In this recent decision, the court affirmed various principles of Rule 49 settlement offers, including when an opposing party can rely on the apparent authority of counsel to accept […]

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Should I Stay an Arbitration or Should I Go

rpllpadmin — Wed, 26 Aug 2026 23:05:55 +0000

By Cameron Allan In a recent decision, the Ontario Superior Court of Justice provides guidance on a novel remedy under Section 13 (7) of the Arbitration Act, 1991, and determines the appropriate test for when a stay of an arbitration should be granted. Overview In Atkinsréalis Construction (Pacific) Inc. v. GIP Construction Ontario East Ltd., 2026 […]

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Bifurcation: Another Tool in the Toolbelt

rpllpadmin — Wed, 15 Jul 2026 21:49:22 +0000

By Zoe Panday Often in our practice, we are seeking to manage complex proceedings where multiple claims are issued relating to the same loss. Actions can move at different paces and face different procedural hurdles. Both counsel and the court are tasked with addressing these issues with a view to preventing inconsistent results and reducing […]

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Demeanor Remains Relevant When Assessing Credibility at Examinations for Discovery

rpllpadmin — Wed, 17 Jun 2026 23:15:12 +0000

By Shane Marston After completing examinations for discovery, my clients will often ask how the witnesses presented during the examinations—did they come across as credible? Discussion of the relevance of demeanor at examinations for discovery is limited in the case law. There is a large volume of research and discussion surrounding the assessment of a […]

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Update On Civil Rules Review

rpllpadmin — Wed, 10 Jun 2026 17:14:08 +0000

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. In their joint statement, they […]

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From Axe to Scalpel: Ontario Court of Appeal Overrules the Handley Estate Rule

rpllpadmin — Wed, 03 Jun 2026 21:41:10 +0000

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 cases involving the non-disclosure of partial […]

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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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