Summary Judgment – Rogers Partners LLP

Implied Consent: Vicarious Liability of Vehicle Owners by Virtue of Legislation

rpllpadmin — Wed, 04 Jun 2025 22:56:07 +0000

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 of a motor vehicle in Ontario […]

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The Effectiveness of Summary Judgment in Resolving Liability Disputes with OPCF 44R Carriers

rpllpadmin — Sat, 31 May 2025 16:48:32 +0000

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 carrier sought a determination from the […]

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Expert Knows Best – The Role of Expert Evidence in Medical Malpractice

rpllpadmin — Wed, 25 Sep 2024 17:57:49 +0000

By Elizabeth Branopolski In the recent decision of Abdul-Hussein v. Zabel, 2024 ONSC 4035, the Ontario Superior Court of Justice reiterated the important role expert evidence plays in medical malpractice claims. Background The self-represented plaintiff, Ms. Abdul-Hussein, consulted with the defendant, ophthalmologist Dr. Werner Zabel, for a cataract surgery consultation. The defendant recommended that the […]

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Summary Judgment Motions: Put Your Best Foot Forward

rpllpadmin — Wed, 31 Aug 2022 19:12:30 +0000

By Jennifer Singh In Sabaratnam v. Mooka, 2022 ONSC 4779,the plaintiff moved for summary judgment against the defendants, seeking general and punitive damages for defamation. The plaintiff’s motion was granted in part. Factual Background At all material times, the plaintiff was a member of the GTA Tamil community and an advisor for Sun Life Financial […]

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Summary Judgment Motion Brought Too Late, with Too Little Evidence

rpllpadmin — Wed, 22 Jun 2022 23:05:52 +0000

By Jennifer Singh In our March 31, 2022 blog post[1], we discussed the decision in Atsaidis v. Sanford, 2022 ONSC 1690, wherein a consent adjournment of trial to permit the defendants to bring a summary judgment motion on a limitation period issue was denied by Justice D.A. Wilson. Justice Wilson scheduled the motion for two […]

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Court Dismisses Summary Judgment Motion Due to Delay in Bringing Motion

rpllpadmin — Thu, 17 Mar 2022 15:40:08 +0000

In Doef v. Hockey Canada et al, 2022 ONSC 1411, one of the issues was the timing of a summary judgment motion. The plaintiff sustained a spinal injury while playing in a hockey tournament. He made an insurance claim. There was a dispute over whether the plaintiff met the criteria in the insurance policy for a paralysis […]

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Knowledge of Exact Cause of Fall Not Required to Establish Liability

rpllpadmin — Tue, 18 Jan 2022 03:00:00 +0000

In Branton et al v. 2008422 Ontario Ltd. c.o.b. as Euro-Ex, 2021 ONSC 7548, the defendant brought a summary judgment motion in an occupiers’ liability claim. The plaintiffs brought a cross-motion seeking a finding of liability against the defendant. The defendant was engaged in road construction work on the street where the plaintiffs lived. At the time […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 10 Dec 2021 23:13:00 +0000

At our weekly firm meeting, Michael Kryworuk discussed the recent decision of Justice Dunphy in Basaraba v. Bridal Image Inc., 2021 ONSC 8038, which contains important practical advice for parties seeking summary resolution of their matters. History of the Litigation: This decision arose from a summary judgement motion that was brought by the three moving […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 01 Oct 2021 11:24:18 +0000

At our weekly meeting, Annie Levanaj discussed the recent decision in Bédard v. Pye et al., 2021 ONSC 6379, granting a motion to dismiss an action for damages allegedly resulting from medical malpractice. There had been a prior decision in the action by the same judge on a motion for summary judgment under Rule 20 […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 10 Sep 2021 12:33:45 +0000

At our weekly firm meeting, Annie Levanaj discussed the recent decision of Justice Boswell dismissing a summary judgment motion brought by the defendants in Adler v. Promenade General Partner Inc., 2021 ONSC 5393. Incident This action arose from an incident that occurred on August 8, 2018, when Ms. Adler, the plaintiff, slipped and fell while […]

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