December 15, 2021
By Christopher MacDonald Last week, on December 9, 2021, the Privacy Commissioner of Canada, Daniel Therrien, published his final annual report wherein he called upon the federal government to “bring Canada into the modern era by adopting rights-based privacy laws that will reflect Canadian values and support responsible innovation.” The Commissioner pointed to successive large […]
October 18, 2021
By Kayley Richardson Under the Statutory Accident Benefits Schedule O. Reg. 34/10 (the “SABS”), if a person is employed at the time of the accident and suffers a substantial inability to perform the essential tasks of their employment, they are entitled to receive income replacement benefits (“IRBs”). Once it has been determined that a claimant […]
October 14, 2021
By Kayley Richardson Anita Varjacic of Rogers Partners LLP recently successfully brought a motion to compel the plaintiffs to undergo genetic testing. The decision in Klinck v. Dorsay, 2021 ONSC 6285, is the first time in Ontario that a court has ordered genetic testing as part of a medical examination in a medical malpractice action. […]
September 30, 2021
By Sharon Lam Yiu, Law Clerk Orange Shirt Day began when author, Phyllis Jack Webstad, a Northern Secwepemic from the Stswecem’c Xgat’tem First Nation, shared her experience as a survivor of the St. Joseph Mission Residential School, near Williams Lake, British Columbia. Phyllis Jack Webstad recalled that on her first day of residential school […]
August 18, 2021
By Gemma Healy-Murphy The Ontario Court of Appeal recently considered s. 5 of the Limitations Act, 2002 and provided a helpful reminder of the principles governing discoverability of claims, including the factor set out in s. 5(1)(a)(iv) regarding the appropriateness of bringing a proceeding: 5 (1) A claim is discovered on the earlier of, (a) the day […]
May 12, 2021
By Chris MacDonald Before joining Rogers Partners in the summer of 2020, I had three predictions about articling: First, it would be challenging. Second, I would need to learn to adapt (and quickly). Third, I would develop both professionally and personally as a result. Looking back, these predictions were spot on, at least in a […]