November 30, 2021
In the recent trial decision of Legree v. Origlieri, 2021 ONSC 7650, the plaintiff was rear-ended in stop and go traffic. The police and ambulance were called to the scene. The plaintiff did not have a significant pre-accident medical history. As a result of the accident, Justice Fowler Byrne found that the plaintiff sustained the following […]
November 29, 2021
Rogers Partners would like to send out greetings for a Happy Chanukah! This year, Chanukah began on the evening of November 28, 2021 and ends on the evening of December 6, 2021. For those who wish to learn more about Chanukah, the Equity, Diversity and Inclusion Committee of Rogers Partners directs you to this link.
November 26, 2021
At our weekly meeting, Pip Swartz led a further discussion on the decision in Arksey v. Sky Zone Toronto[1]. A summary of the case from our previous discussion of it can be found here: https://www.rogerspartners.com/fridays-with-rogers-partners-47/ During our firm’s discussion of Arksey, a hypothetical question was raised: how would the judge have ruled in Arksey if […]
November 25, 2021
The Ministry of the Attorney General recently released updated guidelines on resuming court operations. The “COVID-19: Recommended Preventative Measures for Resuming Court Operations” guidebook provides details about the steps being taken to ensure courts continue to operate safely. It includes information on: preparing courthouses to resume in-person appearances; protocols in place to lower the risk of COVID-19 transmission […]
November 25, 2021
By Suganiya Sivabalan In its recent decision in St. Marthe v. O’Connor, 2021 ONCA 790, the Ontario Court of Appeal provided guidance on the boundaries of appropriate expert evidence at trial, particularly evidence from participant experts. Background The plaintiff in this action was injured in a motor vehicle accident in November of 2011, in which […]
November 23, 2021
In Burwash v. Levy, 2021 ONSC 7196, the court ordered production of settlement documentation from two previous actions. In the action in issue, the plaintiff sued several medical assessors and two medical assessment centres, alleging that they interfered with expert opinions in an accident benefits claim, which were relied on by the tort insurer in […]
