November 21, 2019
The case of Pembridge Insurance Company of Canada v. Chu, 2019 ONCA 904, arose out of a motor vehicle accident. The plaintiff sued Fabrizi alleging that he drove through a red light and caused her injuries. Fabrizi commenced a third party claim against Chu. Fabrizi alleged that Chu drove negligently. Fabrizi also alleged that Chu got […]
November 20, 2019
David Rogers and Carol-Anne Wyseman have written an informative paper entitled “Will Failure to Admit Liability in a Timely Fashion Give Rise to Punitive Damages? The Law after McCabe”. The paper addresses the principles of vicarious liability and punitive damages. David and Carol-Anne specifically examine a recent decision by the Ontario Court of Appeal in […]
November 19, 2019
In Conners v. D’Angelo, 2019 ONCA 905, the plaintiff was a passenger in a vehicle driven by an unlicensed driver, without the permission of the owner. The plaintiff was injured in an accident and sued the driver, the owner of the vehicle, and the owner’s liability insurer. On a summary judgment motion, the plaintiff’s claim […]
November 18, 2019
Rogers Partners had a fun time volunteering for The Advocates’ Society at the Santa Claus Parade yesterday! In conjunction with the parade, The Advocates’ Society held a special event at Campbell House with hot chocolate, cookie decorating, and holiday crafts. To the delight of many children in attendance, one of our articling students, Micah Pirk […]
November 15, 2019
At this morning’s muffin meeting, we discussed file opening procedures as part of the Rogers Partners Litigation Strategy Series. Dana Eichler led this seminar. Dana addressed important issues for handling new files from the defence perspective, including: Immediately diarizing limitation periods Confirming instructions on who to defend Checking on whether our client was properly named and […]
November 14, 2019
An article by Brian Sunohara on a recent Court of Appeal decision has been published.[1] The article is entitled “Defendant liable for plaintiff jumping out of bus”. The Court of Appeal upheld a finding of 75% liability on a bus company for an incident in which a grade 8 student jumped out of the back […]