RP Blog

At this morning’s muffin meeting, we reviewed an appeal of a trial judge’s decision to not strike the jury at trial and to not declare a mistrial. We also a reviewed a case addressing what considerations must be taken into account for a lawyer to withdraw from representation of aRead More

At this morning’s muffin meeting, we went over a case dealing with a motion for production of an adverse costs insurance policy, and a case addressing the test for cross-examining a witness prior to trial. Motion for Production of Adverse Costs Insurance Policy Matthew Umbrio discussed the case of JamesRead More

This morning, at our muffin meeting, we discussed whether a plaintiff can be compelled to travel for a defence medical examination. We also discussed a motion involving a dispute between current and former partners of a law firm. Defence Medical Exam Denied Due to Travel Ankita Abraham addressed the caseRead More

At our muffin meeting, we discussed a decision which provides a very helpful summary of several important principles of evidence. In particular, in Schindler Elevator Corporation v. Walsh Construction Company of Canada, 2020 ONSC 433, the court stated: The truth-seeking function of the trial creates a starting premise that allRead More

At this morning’s muffin meeting, we discussed a Court of Appeal decision involving a dispute over the limitation period in an LTD claim. We also went over a Court of Appeal decision which considered whether proper notice was given to the Crown in several class actions. Limitation Period in LTD DisputeRead More

This morning, Meryl Rodrigues conducted an in-firm seminar on pleadings as part of our Litigation Strategy Series. Meryl went over issues to analyze before entering a statement of defence, including: Examining whether the client was properly named; Checking if the claim was issued in time; Assessing whether the court hasRead More

At our muffin meeting this morning, we discussed a case wherein the lawyers for the plaintiff sought a charging order following a jury trial. We also went over a decision in which one of the issues was the test to withdraw admissions. Charging Order Denied Matthew Umbrio discussed the Court ofRead More

This morning, at our weekly muffin meeting, we discussed two very interesting cases dealing with costs. Apportionment of Costs Between Defendants Matthew Umbrio discussed the Court of Appeal’s decision in Bondy-Rafael v. Potrebic, 2019 ONCA 1026. The action arose out of an accident at a plaza. Two young plaintiffs were struck byRead More

At our muffin meeting, we discussed a Divisional Court decision which those who handle statutory accident benefits claims have been waiting for. A previous decision of the Financial Services Commission of Ontario caused a great deal of controversy. The arbitrator held that the Minor Injury Guideline (“MIG”) in the Statutory AccidentRead More

This morning, we had an “Ugly Holiday Sweater” edition of our weekly muffin meeting. We discussed a Court of Appeal decision involving coverage under a homeowner’s insurance policy. We also went over a decision in which a plaintiff sued a doctor and the Ministry of Health in relation to an allegedRead More

At this morning’s muffin meeting, we discussed the test for admitting an expert’s reply report after the expert has already testified at trial. We also considered a decision which addressed whether the court had jurisdiction over an employee’s LTD claim against her insurer or whether the claim is subject to theRead More

At this morning’s muffin meeting, we discussed the test to set aside a default judgment. We also went over a Divisional Court case that addressed the effect of a sealing order on subsequent litigation. Setting Aside Default Judgments Ankita Abraham went over the five-part test to set aside a default judgment:Read More

This morning, at our muffin meeting, we discussed a Court of Appeal decision which provides guidance on the extent of a trial judge’s discretion regarding costs when a party beats an offer to settle. We also went over a decision involving a motion to strike certain portions of a claimRead More

At our muffin meeting this morning, we discussed a controversial Court of Appeal decision addressing whether discoverability can apply to the limitation period in claims for statutory accident benefits. We also went over a Superior Court decision involving the doctrine of misnomer. Discoverability in SABS Claims Matthew Umbrio addressed the recentRead More

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 ourRead More