Resources
Many of our lawyers are regularly published in legal journals, and we frequently provide our clients with important updates on the law and general advice on emerging legal issues that are important to them. Browse through our resources below.
In|Sight - Rogers Partners Newsletter
Insurance Law
Additional Insureds: What Does “Arising Out of the Operations” Mean?
UK Test Case on Business Interruption Coverage
$21 Million in Interest Awarded in Insurance Dispute
COVID-19: The Ultimate Business Interrupter
Assumption of Defence: Seven Points to Consider
Rights and Remedies Between Primary and Excess Insurers
What is an “Accident”: The Story of a Muddled Definition
Interpreting Exclusion Clauses in Insurance Policies
Allocation of Defence Costs Among Insurers
Limitation Period for Duty to Defend Applications
Striking Claims Against Insurance Adjusters
When Can an Insurance Policy Breach Be Forgiven?
Automated Vehicles and the Future of Automobile Insurance in Ontario
Winds of Change Blowing for the Insurance Industry
The Collateral Benefits/Tort Interface
PowerPoint – Tort/Collateral Benefits
Subrogating in the Name of Bankrupt Insureds
The Duty to Disclose Material Changes in Risk
Settling Over the Limits Auto Claims
Two Impactful Court of Appeal Decisions Affecting Auto Claims
Important Insights for Commercial Defendants in Slip and Fall Claims
The MIG is Unconstitutional? A Surprising FSCO Decision
The Nature of the Force Matters: A Priority Dispute and the Transmission of Force
Still No Loss Transfer for Non-Colliding Vehicles
Partial Settlement Agreements: Practical Realities
Hoang v. Vincentini: The “Conflict” Between Insurer and Insured
Bill 18 – Priority and Liability of Rental Companies’ Insurance Policies
Relationship Between Brokers, Insureds and Insurers
Following the Trail of a Missing Policy
Motor Vehicle Coverage Disputes – Bullets, Boulders and Booze: Is Everything Covered? (paper)
Motor Vehicle Coverage Disputes – Bullets, Boulders and Booze: Is Everything Covered? (presentation)
Tort Law
Assault in Parking Garage: Inadequate Security Measures Did Not Cause Plaintiff’s Loss
Tort Action Arising from Injury at Heavy Metal Concert
Supreme Court’s Clarification of the Availability of Damages in Tort for Pure Economic Loss
An Update on Tort Immunity Under the Crown Liability and Proceedings Act
Trampoline Injury: Defendant’s Motion to Enforce Waiver Dismissed
House Construction: The Duties of Contractors and Municipal Building Inspectors
The Latest Ruling on Social Host Liability
Can a Dog Owner Be Liable to a Dog Walker?
Broad Findings of Systemic Negligence and Institutional Abuse
What Does it Mean to Be a “Reasonable” Parent?
Vicious Hockey Hit Costs Player $700,000
Defendant Liable for Plaintiff Jumping Out of Bus
Will Failure to Admit Liability in a Timely Manner Give Rise to Punitive Damages?
Taking Away the Plaintiff’s Right to Sue
Ex Turpi Causa and an Insurer’s Anti-Fraud Initiative
The Dangers of Drinking and Driving
Vacuum Return Gone Wrong: The Duty of an Occupier
Limitation Period for Claims for Contribution and Indemnity – The Ever Unsettled State of the Law
The Risks of Social Hosting: Wardak v. Froom
Crafting the Perfect Rule 49 Offer
Case Dismissed: Defendant Not Liable in Left Turn Car Accident
When Will a Landowner or Tenant Have Legal Responsibility for an Accident on Adjacent Lands?
The Latest Word from the Supreme Court on Mental Injuries
Teen Steals Car and Sues for Injuries
When is an Occupier’s Liability Case Ripe for Summary Judgement?
Fidler v. Sunlife: The S.C.C. on Aggravated and Punitive Damages
Social Host Liability: Where are we now – A Commentary on Childs v. Desormeaux
Mustapha v. Culligan and Psychiatric Illness (Nervous Shock) Cases
Issues in Ontario Auto Insurance
Further Insight into Deductibility of Collateral Benefits
Joint Liability and the Nature of Subrogation under the OPCF 44R
Disclosure of Accident Benefits Settlements in Tort Jury Trials
Common Issues in the Automobile Litigation Process – A Primer for Insurance Professionals
Automated Vehicles and the Future of Automobile Insurance in Ontario
The Collateral Benefits/Tort Interface
PowerPoint – Tort/Collateral Benefits
Settling Over the Limits Auto Claims
No Consent: Son Takes Car Without Permission
Two Impactful Court of Appeal Decisions Affecting Auto Claims
The LAT Survives a Constitutional Challenge
Litigation Primer: Pleadings, Parties, Processes and Pitfalls for Tort-Auto Litigation
SABS and SABS-Related Commentaries
S.M. v. Unica Insurance Inc. – A Welcomed Clarification on Special Awards
Extra-Provincial Application of Ontario’s Priority Scheme
Special Awards at the LAT – An Upward Trend
Tea Time Gone Wrong: Spilled Tea in Car Not an Automobile Accident
Errors on “Incurred” Expenses: New Trial Ordered in SABS Claim
The Uncertainty Surrounding the Extension of Limitation Periods at the LAT
Bad Faith and Statutory Accident Benefits
Causation in SABS Claims: The Proper Test
Notice to Claimants in Priority Disputes
Loss Transfer and the Effects of Side Agreements
MVACF and Barnes: “Incurred” Attendant Care Amendment Applies to Current Claims
The MIG is Unconstitutional? A Surprising FSCO Decision
The Nature of the Force Matters: A Priority Dispute and the Transmission of Force
Dominion v. Optimum: Accident Benefits Coverage and ‘Comprehensive Only’ Policies
Economical v. Northbridge: Multiple Loss Transfer Deductibles Permitted
Hot Loss Transfer Issues – What’s New in the Loss Transfer World? – February 2016 (paper)
Hot Loss Transfer Issues – What’s New in the Loss Transfer World? – February 2016 (presentation)
The Application of Laches in Loss Transfer
Changes to SABS: O.Reg 347/13 – November 2015
State Farm v. Old Republic: Loss Transfer and the FDRs
Scarlett v. Belair Insurance: A Case on the Minor Injury Guidelines
Recent Amendment to SABS – December 2014
Occupiers’ Liability, the Duty of Care and Available Defences
Rogers Partners Occupiers’ Liability Handbook
Occupiers Beware: Keep an Eye on Your Contractors
Cautioning Customers for Conditions of a Curb
When Neighbourly Play Turns Negligent
The Blameless Elevator Accident
Vacuum Return Gone Wrong: The Duty of an Occupier
When is Negligence Gross: A Commentary on Costerus v. Kitchener (City)
Important Insights for Commercial Defendants in Slip and Fall Claims
Managing Occupier’s Liability Claims Efficiently, Effectively & Expeditiously
The “True Nature” of a Claim: Division of (Legal) Labour in the Occupiers’ Liability Context
Souliere v. Casino Niagara: More than One Arrow in the Quiver: Sweep Logs and the Standard of Care
Occupiers’ Liability and the Homeowner
Occupier’s Liability – Handling an OLA Claim from Pleadings to Release
Cross Border Issues
Establishing Jurisdiction Through E-Commerce
Defending Claims in Ontario – Compendium
Defending Claims in Ontario – Law Suits in Canada
Defending Claims in Ontario – Cross-Border Issues
Defending Claims in Ontario – Ontario Automobile Claims Primer
Defending Claims in Ontario – Third Party Liability Coverage in Auto Insurance Context
WSIB and Tort/WSIB Interface Issues
Civil Procedure and Advocacy
Girao v. Cunningham: Lessons Learned on Trial Practice and Fairness for Self-Represented Litigants
Striking Jury Notices During COVID Depends on Local Conditions
Security for Trial Judgment Ordered for First Time in Ontario
Two Recent Decisions on Motions to Strike Jury Notices During COVID-19
The Relevancy of Social Media – Who Should Decide?
The Scope of Re-Examination on Discovery
Misnomer – What Happens if a Plaintiff Gets Its Own Name Wrong?
Waiting Too Long to Add Third Party Can Have Consequences
Court Declines to Rule on Effect of Suspension of Limitation Periods
Subsequent Discovery of Severity of Injuries and Limitation Periods
“Wait and See”: Court Says Jury Notices Should Not Be Prematurely Struck
Hypothetical Questions on Discovery
Ontario Court of Appeal Weighs in on Jury Notices in the Context of the COVID-19 Pandemic
The Beginning of the End? What Recent Decisions Could Mean for Jury Trials in Ontario
The End of Civil Jury Trials? Jury Notice Struck Due to COVID-19
When Less is More: ONCA Denies Request for Factum to Exceed 30 Pages
The Latest on Disclosure of Adverse Costs Insurance
Access to Justice & Summary Judgment Post-Pandemic
Practical Tips for Conducting Virtual Discoveries
Bifurcated Trial, Bifurcated Offers, and Bifurcated Costs
The Latest on Virtual Commissioning
Discovery Ordered to Proceed by Videoconference or Not at All
Test for Further Discovery After Setting Action Down for Trial
Plaintiff Who Collapses at Trial Responsible for Costs Thrown Away
Ontario Court of Appeal Addresses Important Trial Practice Issues
Offer of Without Costs Dismissal: Defendant Did Not Play Hardball
Virtual Commissioning in the Era of COVID-19
What is the Collateral Fact Rule?
Changes to Simplified Procedure
Communication with Treating Healthcare Practitioners
The Effect of Increasing the Small Claims Court Limit
Surveillance and Social Media Evidence
Discovery Rights at Small Claims Court
Four Issues From Recent Jury Trial
Counsel’s Role in Preventing Humiliated Experts
The Use of Surveillance at Trial – Abridged Version
The Use of Surveillance at Trial
Expert Opinions: What Needs To Be Disclosed?
Closing Addresses in Jury Trials
Top Tips for Conducting an Examination-in-Chief of an Expert Witness
Lessons from Gopie v. Ramcharran: A Case Comment and Review of Issues on Appeal in Civil Jury Trials
The Pitfalls of Adverse Cost Protection
Limitation Period for Claims for Contribution and Indemnity – The Ever Unsettled State of the Law
Crafting the Perfect Rule 49 Offer
Managing Occupier’s Liability Claims Efficiently, Effectively & Expeditiously
A Real Culture Shift Post-Hryniak? (paper)
A Real Culture Shift Post-Hryniak? (presentation)
Moore v. Getahun: Advocates and Experts, the Evidentiary Paradox
Case Commentaries and Further Materials
Canada Gets Serious About Digital Privacy
Vexatious Litigation is Not a Protected Form of Expression
Who is the Ontario Patient Ombudsman?
Class Actions and an Increasingly Litigious Ontario
Supreme Court of Canada Clarifies Test for Anti-SLAPP Motions
Suspension of Limitation Period Due to Incapacity
Early Investigation & Preservation of Evidence in Personal Injury Claims
Charter Breaches Against G20 Protester Lead to $500 in Damages
The Third Time is a Charm – Or Is It?
Volatile Class Representative Removed
Delay – The Next Big Thing Since Jordan?
Subway’s “50% Chicken” Lawsuit Against CBC Dismissed
Life Insurance and Mental Health
Endean v. St. Joseph’s Hospital (ONCA): A Contextual Approach to Partial Settlement Agreements
Mould in Condo Unit: Who’s Responsible?
Partial Summary Judgment – An Option No More?
School Boards, Teachers, and Student Fights
Lessons from Gopie v. Ramcharran: A Case Comment and Review of Issues on Appeal in Civil Jury Trials
Claims Against Educational Institutions – It’s Not Just Academic Anymore
Liability Admissions in Sexual Abuse Claims
Settlement: Attention to Details
Human Rights: Investigating Discrimination
Denying Disability Benefits: Good Faith and the Limitation Period
Breaches of Privacy in the Health Care System
The Risks of Social Hosting: Wardak v. Froom
Contractual Disputes: Is That the Final Answer?
What is the Standard of Review for Contracts?
Dominion v. Optimum: Accident Benefits Coverage and ‘Comprehensive Only’ Policies
Economical v. Northbridge: Multiple Loss Transfer Deductibles Permitted
Hoang v. Vincentini: The “Conflict” Between Insurer and Insured
The Application of Laches in Loss Transfer
Moore v. Getahun: Advocates and Experts, the Evidentiary Paradox
State Farm v. Old Republic: Loss Transfer and the FDRs
Scarlett v. Belair Insurance: A Case on the Minor Injury Guidelines
The “True Nature” of a Claim: Division of (Legal) Labour in the Occupiers’ Liability Context
Souliere v. Casino Niagara: More than One Arrow in the Quiver: Sweep Logs and the Standard of Care
Fidler v. Sunlife: The S.C.C. on Aggravated and Punitive Damages
Social Host Liability: Where are we now – A Commentary on Childs v. Desormeaux
Mustapha v. Culligan and Psychiatric Illness (Nervous Shock) Cases