October 31, 2019
The court’s decision in Dainov v. Lee, 2019 ONSC 5993, shows the value of dash cam footage in determining liability for an accident. Based on a dash cam video, Justice Koehnen was satisfied that the defendant driver was not liable for a motor vehicle accident. The video showed that the defendant had the right-of-way at […]
October 30, 2019
In Benson v. Belair Insurance Company Inc., 2019 ONCA 840, the Court of Appeal examined whether two Ontario insurers had to provide statutory accident benefits (“SABS”) in regards to accidents that occurred outside of Ontario involving an ATV and a dirt bike. One accident occurred in British Columbia. The claimant was the named insured on […]
October 29, 2019
An article by Jocelyn Brogan has been published.[1] The article, entitled “Giving consideration to plaintiffs’ right to sue”, examines the main issues that arise in right to sue applications at the Workplace Safety Insurance and Appeals Tribunal. [1] The article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
October 28, 2019
By Brian Sunohara For many years, the default prejudgment interest (“PJI”) rate in Ontario for non-pecuniary damages in personal injury cases was 5%. When this rate was introduced, market interest rates were actually much higher than 5%. In auto cases, the default 5% PJI rate changed in 2015 to account for lower market interest rates. […]
October 25, 2019
Rogers Partners LLP celebrated its 25th anniversary last night with many special guests at the Royal York! It was a terrific evening. We’re grateful to everyone who has played a part with our firm over these past 25 years!
October 25, 2019
At our weekly meeting, we discussed a decision addressing the statutory threshold in motor vehicle accident claims. In MacFarlane v. Razmerita, 2019 ONSC 6160, the jury did not award the plaintiff any damages whatsoever. Previous case law considered whether a trial judge has to make a determination on the threshold when no damages are awarded, […]
