RP Blog
The “Litigating Finger”
By Michael Brown An endorsement from a recent motion held in the Ontario Superior Court of Justice before McGraw AJ has provided an interesting look at the use of misnomers in pleadings and the doctrine of discoverability as it relates to unidentifiable parties. In Abramov v. Doe,[1] the Plaintiff broughtRead More
Fridays with Rogers Partners
At our weekly meeting, Taya Rosenberg discussed the recent summary judgment decision of the Ontario Superior Court in Pridmore v. Drenth, 2023 ONSC 817. This action arose from an incident involving a four-wheeled all-terrain vehicle (“ATV”). Breanne Pridmore, the plaintiff, was a passenger on an ATV driven by Tyler Drenth andRead More
What Happens in Italy, Stays in…? New Appellate Decision Interpreting Van Breda
By Meryl Rodrigues In the recent decision of Sinclair v. Amex Canada Inc.[i], the Ontario Court of Appeal reaffirmed the principles in the oft-cited jurisdictional decision of Van Breda[ii], and articulated a (perhaps disputable) framework for their application in a given case, following the appeal of three Italian companies fromRead More
Rogers Partners Celebrates International Women’s Day
International Women’s Day is a day recognized across the world for celebrating the social, economic, cultural, and political achievements of women, and for reflecting on ways we can increase gender parity, and otherwise effect positive change for women in our society. One of this year’s themes for International Women’s DayRead More
Alon Barda Successful at Licence Appeal Tribunal
The decision in Al Khazreji v. RSA Insurance, 2023 ONLAT 21-009559/AABS – PI, involves a determination by the Licence Appeal Tribunal over whether the applicant was involved in an “accident”, as defined in the Statutory Accident Benefits Schedule. Alon Barda of Rogers Partners LLP was counsel for the insurer. The applicant is a taxi driver.Read More
Fridays with Rogers Partners
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Ozdemir v. Economical Mutual Insurance Group, 2023 ONSC 685. Overview: A mid-trial hearing on the admissibility of the plaintiff’s medical report, when the doctor would not be presented for cross-examination. Facts: The plaintiff,Read More
The Osgoode Hall Trees vs. the Ontario Line: Further Injunctive Relief Denied
By Kathryn Orydzuk In the recent decision of the Ontario Court of Appeal, Haudenosaunee Development Institute v. Metrolinx, 2023 ONCA 122, the Court considered whether an extension of an Order granting interim injunctive relief was appropriate, in the most recent skirmish in the battle over the removal of 11 treesRead More
LAT TALES (Court of Appeal Edition): Does an insurer always have to provide a medical reason when denying specified benefits under the SABS? Short answer: No.
By Jennifer Singh In Varriano v. Allstate Insurance Company of Canada [1], the Court of Appeal overturned a Divisional Court decision [2] and reinstated the decision of the LAT adjudicator which found that the insurer’s letter denying IRBs complied with the legislative requirements of 37(4) of the SABS, even thoughRead More
Rogers Partners Celebrates Black History Month
The 2023 theme for Black History Month is: “Ours to tell”. This theme is said to represent both an opportunity to engage in open dialogue and a commitment to learning more about the stories Black communities in Canada have to tell about their histories, successes, sacrifices and triumphs. The GovernmentRead More
Fridays with Rogers Partners
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Cernjul v. The Nordic Insurance Company of Canada, 2023 ONSC 559. Overview This application involved a claim for a declaration that the Applicant’s automobile insurer had a duty to defend him in a civilRead More
Proper Forum in Interjurisdictional Contract Disputes: Your Court or Mine?
By Franz Lopez In Black & MacDonald Limited v Eiffage Innovative Canada Inc.,[1] the Ontario Court of Appeal addressed an appeal of a lower court’s decision to stay two proceedings related to the construction of the Alex Fraser Bridge crossing over the Fraser River in Delta, British Columbia (the “Project”)Read More
Standard of Care and Causation in Medical Malpractice Class Actions
By Erin Crochetière In Levac v. James,[1] the Court of Appeal for Ontario considered an appeal regarding the standard of care and causation in a class action alleging breach of applicable Infection Prevention and Control (“IPAC”) best practices causing infection. In the underlying class action, the plaintiffs alleged that theRead More
Brian Sunohara Presenting on Documentary Production
Brian Sunohara is speaking at an upcoming continuing professional development program by The Advocates’ Society called “Documentary Production: What You Need to Prove Your Case“. The program will be held online on February 15, 2023. Brian is going to be part of a panel on “Production Across Practice Areas: PerspectivesRead More
Associates Appreciation Dinner
Our senior partner, Stephen Ross, welcomed our lawyers and students into his home last night for an Associates Appreciation Dinner. It was a fun evening!Read More
Default Judgment Granted in False Murder Narrative Website Case
By Annie Levanaj The recent decision in Gillespie v. Fraser, 2023 ONSC 537 dealt with the plaintiff’s motion for default judgment against the defendant, Diana Tilbert, following her failure to deliver a Statement of Defence within the prescribed time. In this decision, the court summarizes the applicable criteria for awardingRead More
Rogers Partners Announces New Partner
Rogers Partners LLP is delighted to announce that Meryl Rodrigues has joined the partnership of the firm! Meryl started with the firm as an articling student. She has a very bright mind and is an exceptional advocate. She is a mentor to junior lawyers and students at the firm. WeRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Nasra Esak discussed the recent Court of Appeal decision of Ontario v. Madan, 2023 ONCA 18. The Court of Appeal upheld a motion judge’s decision to strike contested paragraphs of the appellants’ statements of defence counterclaims, which alleged that the Government of Ontario was vicariouslyRead More
Court Awards PJI at Lower Rate Than in Courts of Justice Act
In Henry v. Zaitlen, 2022 ONSC 7259, the court considered the applicable rate of prejudgment interest (“PJI”). In the Courts of Justice Act, the PJI rate for non-pecuniary loss is 5% per year. However, in MacLeod v. Marshall, 2019 ONCA 892, the Court of Appeal held that the trial judgeRead More
Tricks of the Trade Conference
The Advocates’ Society’s popular Tricks of the Trade conference is coming up on January 27, 2023. It will be held in person at The Carlu in Toronto. Two of our partners are involved in the conference. Stephen Ross is a co-chair. Stephen will be moderating a fireside chat with JusticeRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Delgado-Zurita v. Toronto (City), 2023 ONSC 35. Overview: The plaintiff brought a motion pursuant to Rule 48.14 of the Rules of Civil Procedure to vary a set aside order and for an extensionRead More
Leafs Night
Some of our lawyers had a fun group outing at the Leafs game last night. It was even better that the Leafs won!Read More
LAT Tales: Section 55 and Consumer Instruction Legislation
By Riley Groskopf The License Appeal Tribunal (“LAT”) recently released its reconsideration decision in Iravani-Fard v. Economical Insurance, 2022 CanLII 109480. The decision addresses the consequences of a claimant’s failure to attend insurer examinations, and recognizes the rights granted to insurers by the SABS. Facts at issue The claimant wasRead More
Fridays with Rogers Partners
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Morgan v. Co-Operators General Insurance et. al., 2022 ONSC 7254. Overview This simplified procedure action involved a claim for water damage that occurred at the plaintiff’s property on December 9, 2019. Background The PlaintiffRead More
Relief From Forfeiture Denied in Late Notice Case
By Michael Kryworuk The case of Searles v. Economical Insurance, 2022 ONSC 7217, involves a dispute between the applicant homeowners and their insurer, Economical, regarding a request for reimbursement of defence costs. The applicants provided notice of an action almost seven years after the commencement of the action. History ofRead More
2023 Deductible Amounts in MVA Claims
The Financial Services Regulatory Authority of Ontario has released the updated deductible amounts in motor vehicle accident claims. In 2023, the deductible for damages for non-pecuniary loss is $44,367.24 where such damages do not exceed $147,889.59. The deductible for damages under section 61(2)(e) of the Family Law Act (loss ofRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Taya Rosenberg discussed a recent decision on a mid-trial motion for an adjournment of trial to permit the plaintiffs to obtain new expert evidence, in Carter v. Newman, 2022 ONSC 7179. Overview The plaintiffs brought a motion for an order to adjourn the trial and forRead More
The Appropriate Use and Timing of a Request to Admit
By Michael Brown While COVID-19 continues to rear its head in the Ontario court system, there have been some teachable moments arising from the pandemic and the litigation resulting from it. Recently, the Ontario Court of Appeal considered the suitability of a commonly utilized pre-trial procedure, a request to admit,Read More
Holiday Sweater Day
It’s been a fun day at the office with holiday sweaters and a pizza lunch! After careful deliberations, the Holiday Sweater Committee is pleased to announce that the prize for the best sweater goes to Alejandra Luco! Runner-up prizes are awarded to Jackie Galvin, Sumina Singh, Maryam Lenz, Michael Kryworuk,Read More
Fridays with Rogers Partners
At our weekly Friday meeting, Nasra Esak discussed the recent Ontario Court of Appeal decision in 2505243 Ontario Limited (ByPeterandPaul.com) v. Princes Gates Hotel Limited Partnership, 2022 ONCA 859. The Court of Appeal upheld a decision of Justice Gilmore in which a commercial landlord was found to have operated inRead More
Alleged Impecuniosity Insufficient to Bar Costs Award
By Meryl Rodrigues In a recent Costs Endorsement decision in Kesete v. Gaspar[i], the Ontario Superior Court addressed an argument that a plaintiff’s alleged impecuniosity should bar any – or anything more than nominal – costs being awarded to a successful defendant. The decision followed a 14-day jury trial, inRead More
Divisional Court Strikes Appeal of LAT Decision as Premature
In Kahissay v. Intact Insurance, 2022 ONSC 6357, a statutory accident benefits claimant appealed a decision of an adjudicator of the Licence Appeal Tribunal related to attending insurer’s medical examinations. The Divisional Court issued a notice indicating that the court was considering dismissing the appeal on the basis that itRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Chevrier v. Orsanic, 2022 ONSC 6508. Overview: In this case, one of the defendants brought a motion to: set aside a noting in default against her;allow her to file a Statement of DefenceRead More
Ontario Energy Group’s ONSC Action Stayed Pending Outcome of Small Claims Court Actions
By Kathryn Orydzuk In MDG Newmarket Inc. v Symonds, 2022 ONSC 6481, Justice Vermette rendered a decision on an interesting motion that touched upon the doctrine of abuse of process, and when commencing a separate action in the Superior Court may effectively be considered an attempt to transfer a matterRead More
Franz Lopez Joins Rogers Partners
Franz Lopez joined Rogers Partners today as an associate lawyer. We’re very happy to welcome Franz to the firm! Prior to attending law school, Franz was an environmental scientist. He recently achieved a Master of Laws degree, specializing in Energy and Infrastructure Law. During his articles, Franz assisted with severalRead More
2022 Holiday Party
Everyone was in a festive spirit at our firm’s holiday party! It was fun to spend quality time with such a terrific group of people!Read More
LAT TALES – Surveillance: To disclose or not to disclose
By Jennifer Singh In Nick Vassos v. Heartland Farm Mutual Inc. [1] the LAT denied a motion brought by the applicant to exclude the following from the hearing: Surveillance video;Any report or assessor who relied on the surveillance; andAll evidence used in relation to the surveillance. Background The applicant wasRead More
Damages for Arm Fracture
The decision of Cornwall v. Al Bloushi, 2022 ONSC 6388, involves an undefended trial in a personal injury action. The plaintiff was 69 years old at the time of a slip and fall accident. She sustained a humerus fracture of her right arm. Surgery was not performed. The plaintiff hasRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Nasra Esak discussed a recent Ontario Superior Court decision granting a summary judgement brought by the defendant in Strilchuck v. Tecumseh (Town of), 2022 ONSC 5841. Overview Justice King granted a summary judgement brought by the Town (the defendant) to dismiss a trip and fall personalRead More
Court Of Appeal Upholds Denial of Interlocutory Injunction on Hospitals’ Mandatory Vaccination Policy Pending Labour Arbitration
By Erin Crochetière In National Organized Workers Union v. Sinai Health System, 2022 ONCA 802, the Court of Appeal considered the jurisdiction of the Superior Court in the context of a labour arbitration. In the underlying labour arbitration, the Appellant, the National Organized Workers Union, disputed the Respondent hospitals’ mandatoryRead More
Brian Sunohara and Erin Crochetière Win Trial
Congratulations to Brian Sunohara and Erin Crochetière for their success at a recent trial! The decision was released yesterday. The case of Leendertse v. His Majesty the King in Right of Ontario, 2022 ONSC 6395, involves an accident where the plaintiff was riding a bicycle and was struck by aRead More
Lawyers Seek to Reinstitute King’s Counsel Designation
There was recently an interesting article in Law Times called “Veteran litigator calls for Ontario to reinstitute KC designation“. According to this article, there is growing support for Ontario to reinstitute the King’s Counsel (formerly Queen’s Counsel) designation as it would help Ontario lawyers in the international legal arena. TheRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Taya Rosenberg discussed the recent decision of the Ontario Superior Court in Aviva General Insurance Company v. Catic, 2022 ONSC 6000. Overview This case was concerned with the interpretation of subsection 38(11)2 of the Statutory Accident Benefits Schedule (“SABS”), which sets out the consequences forRead More
Courts Have Limited Ability To Interfere With Arbitration Awards
By Athina Ionita In Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137, 2022 ONCA 769, the Court of Appeal considered the application of s. 46(1)3 of the Arbitration Act, 1991, S.O. 1991, c. 17 (“the Act”), and when a court may interfere with an arbitration award. Background The appellant,Read More
Damages for Foot Injury
The case of Raskin v. Stepanyan, 2022 ONSC 6247, involves an undefended personal injury trial. The plaintiff was involved in a trip and fall accident. She was 64 years old at the time of the accident. She sustained a fracture of the fifth metatarsal on the right foot. She woreRead More
Rogers Partners 2022 Client Party
We had a fun time last night at our client party at Stratus! Thank you to our clients for a memorable evening. It was great to catch up!Read More
Don’t @ Me — Twitter Callout Causes Contempt
By Annie Levanaj The Post v. Hillier trilogy of cases is important in demonstrating the serious consequences individuals can face for failure to comply with court orders in civil actions. Part 1: Post v. Hillier, 2022 ONSC 3793 The initial decision dealt with a defamation action. The plaintiff, Ms. Post,Read More
Court Permits Amendment Into Simplified Procedure in Non-Jury Case
In Sutherland Estate v. London Health Sciences Centre, 2022 ONSC 5942, the plaintiffs sought to amend the Statement of Claim to limit the claim to $200,000 and to continue the action under the Simplified Procedure. The defendants opposed the amendment. A patient sustained injuries while at a hospital. Over fiveRead More
Fridays with Rogers Partners
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Diebold v. Economical Mutual Insurance Company, 2022 ONSC 5592. Overview This case involved a Rule 21.01(1)(a) motion to determine whether the defendant, Economical Mutual Insurance Company, is entitled to a deduction for theRead More
Income Replacement Benefits – To Deduct or Not To Deduct CPP Disability, EI and CERB?
By Amanda Colarossi Where a claimant is entitled to income replacement benefits (“IRB”), the accident benefits insurer is entitled to certain deductions when calculating the weekly IRB amount payable to the claimant. Calculating the Weekly Base Amount IRBs are paid at 70% of the claimant’s pre-accident gross income earnings, upRead More
Non-Earner Benefits Not Deductible from Loss of Income
The decision of Kolapully v. TTC et al., 2022 ONSC 6024, involved an accident between a pedestrian and a bus. At trial, the plaintiff was awarded $150,000 for past loss of income (after accounting for contributory negligence). The plaintiff had previously received over $95,000 in non-earner benefits in an accident benefitsRead More
Discovery and Proportionality
Rule 29.2.03 of the Rules of Civil Procedure is sometimes overlooked when counsel conduct discoveries and make production requests. This rule was recently considered in Gurprasad v. Kim, 2022 ONSC 5753. The rule states: 29.2.03 (1) In making a determination as to whether a party or other person must answerRead More
Cross-Examination on Criminal Charges Not Permitted
In Rana et al v. Ramzan et al, 2022 ONSC 5669, a witness called by the defendants denied in examination-in-chief ever being convicted of a criminal offence. In cross-examination, plaintiffs’ counsel sought to cross-examine the witness on information contained in a document which indicated that the witness had been chargedRead More
Happy Diwali!
Rogers Partners wishes a Happy Diwali to all those celebrating! Diwali is a “festival of lights” that celebrates the triumph of light over dark and good over evil, and the blessings of victory, freedom, and enlightenment. It’s an important religious festival originating in India.Read More
Fridays with Rogers Partners
At our weekly Friday meeting, Taya Rosenberg discussed the Ontario Court of Appeal’s decision in AIG Insurance Company of Canada v. Lloyd’s Underwriters, 2022 ONCA 699. This case was on appeal from AIG Insurance Company of Canada v. Lloyd’s Underwriters, 2021 ONSC 5372. AIG brought an application seeking equitable contributionRead More
Supreme Court Denies Leave in Stay of Action Due to Failure to Immediately Disclose Partial Settlement
In a previous blog post, we discussed the Court of Appeal’s decision in Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66. The Court of Appeal upheld the stay of an action due to the failure to immediately disclose a partial settlement agreement. The Supreme Court of CanadaRead More
Fridays with Rogers Partners
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Hawke v. Western University, 2022 ONSC 5243. Overview This case involved a complaint regarding the collection of private health information by Western University pursuant to its COVID-19 Vaccination Policy published August 22, 2022. BackgroundRead More
Undue Delays in Obtaining Approval of Settlement: What to do?
By J. Nicholas Fernandes The basic tenet of Rule 7.08 of the Rules of Civil Procedure is that any settlement of a claim by or against a person under disability, including minors, requires Court approval. On a motion (or application, if settlement occurs prior to a lawsuit being commenced) to obtainRead More
Welcome Back Rebecca Moore!
We’re delighted to announce the return of Rebecca Moore from maternity leave. Today is Rebecca’s first day back with the firm, and she’s looking forward to reconnecting with clients and colleagues!Read More
Fridays with Rogers Partners
At our weekly Friday meeting, Taya Rosenberg discussed the Ontario Superior Court’s threshold motion decision in Kolapully v. TTC et al., 2022 ONSC 5473. Facts On March 6, 2012, Ms. Kolapully, the plaintiff, was crossing the road at a corner when she was struck by a turning TTC bus. Ms.Read More
Is Summary Judgment Available in Arbitrations?
By Natalia Sheikh The Ontario Court of Appeal recently released a decision in Optiva Inc. v. Tbaytel, 2022 ONCA 646, upholding an application judge’s arising from an arbitration involving a breach of contract claim. One of the main issues in dispute was whether the arbitrator had jurisdiction to hear andRead More
National Day for Truth and Reconciliation
Two members of our Equity, Diversity and Inclusion Committee, Nasra Esak and Katrina Taibi, provided a seminar on issues related to National Day for Truth and Reconciliation. The slides prepared by Nasra and Katrina can be found here. We discussed the recommendations of the Truth and Reconciliation Committee, and waysRead More
Building Inspections: The Ongoing Duty
By Michael Kryworuk On September 1, 2022, the Ontario Court of Appeal released its decision in Breen v. Lake of Bays (Township), 2022 ONCA 626, upholding the trial judge’s finding that once a building permit is granted, a municipality has an obligation to inspect the building whether or not theRead More
Court Backlog Not Good Reason to Strike Jury Notice
In Kromah, et al. v. Lepore, et al., 2022 ONSC 4830, the plaintiffs sought to conditionally strike a jury notice in a civil action commenced in London, Ontario. The trial was scheduled to commence in September 2022. Justice Nicholson recognized the backlog of criminal and family matters in all regions,Read More
Fridays With Rogers Partners
At our weekly firm meeting, we discussed the case of Bouzanis v. Greenwood et al, 2022 ONSC 5262. The decision involves a motion by the defendants to enforce a settlement. The plaintiff’s lawyer e-mailed the defendants’ lawyer indicating that the plaintiff was offering to settle the litigation on the basisRead More
Ontario Court of Appeal Reminds Litigants that COVID-19 Itself Does Not Justify Delay
By: Michael C. Brown In a previous RP Blog post, we discussed the Ontario Court of Appeal decision in Mugizi v. Ngo, 2022 ONCA 595, but we wish to expand on that post given the importance of the message it carries from the Court. Litigating in a post-COVID-19 era has provenRead More
Fridays with Rogers Partners
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Qureshi v. Royal & Sun Alliance Insurance Company, 2022 ONSC 4997. Overview This case involved water damage to store inventory that occurred on October 7, 2014 and again on February 12, 2015. The plaintiff,Read More
Motion for Defence Medical Exam Brought Too Close to Trial
In Lafontaine v. McDaniel, 2022 ONSC 5153, the court dismissed the defendant’s motion to compel the plaintiff to attend a neuropsychology expert assessment and to extend the deadline to serve the expert’s report. The motion was heard on August 5, 2022. The proposed expert examination was scheduled for August 9,Read More
Court Reinforces Obligation to Disclose Partial Settlement Agreements
By Meryl Rodrigues In its recent decision of Hamilton-Wentworth District School Board v. Zizek, 2022 ONCA 638, the Court of Appeal added to its recent line of authority with respect to disclosure obligations on a party who enters into a partial settlement agreement, such as a Mary Carter or PierringerRead More
Key Factor in Non-Lawyer Representing Corporation
In Leblanc v. The Personal Insurance Co. et al., 2022 ONSC 5130, the sole shareholder of a corporate party sought to represent the corporation. This individual is not a lawyer. Rule 15.01(2) of the Rules of Civil Procedure states that a corporate party must be represented by a lawyer, exceptRead More
Meryl Rodrigues Published in Canadian Journal of Insurance Law
An article by Meryl Rodrigues, “Court of Appeal Upholds Coverage Denial for Intrusion Upon Seclusion“, has been published in Canadian Journal of Insurance Law. The article addresses an appeal of a duty to defend action commenced by a nurse against a commercial liability insurer. The nurse had wrongfully accessed theRead More
Court Demands Evidence that Minor SABs Claimant is not CAT on Settlement Approval Application
By Kathryn Orydzuk On August 30, 2022, the Ontario Superior Court of Justice heard an application in writing with regard to the case of Ellen Yebin Park v. Pembridge Insurance Company, 2022 ONSC 4944. This case arose from a motor vehicle accident involving a minor pedestrian. The minor applicant commencedRead More
Fridays With Rogers Partners
At our weekly Friday meeting, Nasra Esak discussed the Ontario Superior Court’s trial decision in Wabie v. Wilson, 2022 ONSC 4296. Overview The plaintiff, Ms. Waibe, was injured in a motor vehicle accident on August 20, 2014. She later commenced an action against the other driver, claiming damages for injuriesRead More
Summary Judgment Motions: Put Your Best Foot Forward
By Jennifer Singh In Sabaratnam v. Mooka, 2022 ONSC 4779,the plaintiff moved for summary judgment against the defendants, seeking general and punitive damages for defamation. The plaintiff’s motion was granted in part. Factual Background At all material times, the plaintiff was a member of the GTA Tamil community and anRead More
Patent Defects vs. Latent Defects in House Purchase
In Purdy v. Russell, 2022 ONSC 4692, the plaintiff commenced a lawsuit over the purchase of a house. The house had a rotting foundation which required reconstruction. The plaintiff sued the vendors of the house. The defendants brought a summary judgment motion. Justice Aston went over the test of when a vendorRead More
Rule 48.04: Amendment Permits Consenting to Trial List Placement without Losing Discovery Rights