RP Blog
Court Denies Conditional Striking of Jury Notice in Claim Involving Municipality
The decision in Dhaliwal et al. v. Gill et al., 2022 ONSC 1445, arises out of a motor vehicle accident. A municipality was named as a defendant and a third party. One of the defendant drivers, Gill, entered a jury notice. Section 108(2)(1)(xii) of the Courts of Justice Act prohibitsRead More
Stephen Ross Recognized as Leading Lawyer in Lexpert
Stephen Ross has been recognized by his peers for inclusion in the 2022 Canadian Lexpert Directory. The identification of leading practitioners for the Lexpert Directory is based on a comprehensive annual survey. The lawyers named in the Lexpert Directory are acknowledged as leaders in their respective fields, prominent in theirRead More
Fridays With Rogers Partners
At our weekly meeting today, Michael Kryworuk discussed the Court of Appeal’s decision in Continental Casualty Company v. Chubb Insurance Company of Canada, 2022 ONCA 188. The appeal involved a priority dispute between insurers regarding Statutory Accident Benefits Schedule (SABS) coverage, where the claimant had basic mandatory SABS coverage underRead More
Court Extends Time Limit for Discovery in Simplified Procedure Action
In a previous blog post, we discussed a decision in which Associate Justice Jolley held that the court does not have discretion to extend the three hour time limit for examinations for discovery in Simplified Procedure actions. More recently, in Blue v. Metro Ontario Inc., 2022 ONSC 1283, Associate JusticeRead More
The Court of Appeal of Ontario Affirms the Exclusive Jurisdiction of the License Appeal Tribunal over Statutory Accident Benefits Disputes
By Athina Ionita The Court of Appeal in Yang v. Co-operators General Insurance Company, 2022 ONCA 178,confirmed the exclusive jurisdiction of the License Appeal Tribunal (LAT) over disputes concerning Statutory Accident Benefits (SABs). The decision underlying the appeal concerned a motor vehicle accident, where the plaintiff claimed damages in theRead More
Happy International Women’s Day
Today we come together to celebrate International Women’s Day to acknowledge the achievements and incredible work of the women at our firm and women everywhere. We are fortunate to have such strong, diverse, and talented women on our team.Read More
New Requirements for Electronic Signatures
The Ontario Ministry of the Attorney General issued a Notice to the Public and Legal Profession on February 24, 2022 in regards to electronic signatures. Electronic signatures on court documents have to be in one of the following formats: a certificate-based digital signature on a digital document (i.e., a markRead More
Meryl Rodrigues Speaking at Osgoode Personal Injury Conference
Meryl Rodrigues will be speaking at the Osgoode Personal Injury Law and Practice Conference on March 29, 2022. This is the 17th annual version of the conference. It will be held online. Meryl will be presenting on “The Latest in Damages”. The other topics at the conference are: Top CasesRead More
Fridays with Rogers Partners
At our weekly meeting, Pip Swartz discussed the recent decision of the Ontario Superior Court in Dhillon v. City of Cambridge, 2021 ONSC 7385. Overview On August 15th, 2016, Mohammad Hadi’s dog, identified as named “Chewy”, bit Interpal Dhillon at Mohammad’s residence. Among other parties, Interpal sued Animal Services CambridgeRead More
New Motion Confirmation Deadline for Short Motions and Applications in Toronto
The Ontario Superior Court of Justice’s Notice to the Profession for the Toronto Region has been updated. For short motions and applications in Toronto, the motion confirmation form has to be emailed to JUS.G.MAG.CSD.CivilMotionsConfirmation@ontario.ca by 2:00 p.m. five days prior to the hearing, excluding weekends and holidays. This is aRead More
Dispute Over Production of Medical Assessment Centre File, Surveillance, and Benefits File
One of the issues in Dulude v. Lawrence et al., 2022 ONSC 1034, was whether the plaintiff was entitled to obtain production of the complete file of a medical assessment centre, except for draft reports. The defendants arranged with Soma Medical Assessments for the plaintiff to attend three defence medicalRead More
Plaintiff Ordered to Sign Authorization for Defence Medical Exam
In Khatatbeh v. Quispe, 2022 ONSC 933, the defendant scheduled a defence medical examination with a psychiatrist. The psychiatrist asked the plaintiff to sign an authorization or release. The plaintiff refused to sign it on the basis that it required her to disclose any medical conditions or medical problems thatRead More
Fridays with Rogers Partners
At our weekly meeting, Annie Levanaj discussed the recent decision of the Court of Appeal in Graham v. Toronto (City), 2022 ONCA 149. Background The action arose after Ms. Robyn Graham tripped on a pothole in a pedestrian crosswalk in Toronto on January 2, 2018, suffering injuries as a result.Read More
Updated Participant Information Form
The Ontario Superior Court of Justice has updated the Participation Information Form. This form replaces counsel slips. It is required to be submitted in hearings using CaseLines and can be used in other hearings as well.Read More
Athina Ionita Rejoins Rogers Partners
We’re pleased to announce that Athina Ionita has returned to the firm. Welcome back, Athina!Read More
Fridays with Rogers Partners
At our weekly firm meeting, Michael Kryworuk discussed the recent decision of the Court of Appeal in Desjardins General Insurance Group v. Campbell, 2022 ONCA 128. History of the Litigation: This appeal arose out of a number of applications and motions involving three separate insurance claims for damage to homesRead More
Crown Denied Transfer of COVID Vaccine Charter Action
By Emily Vereshchak In Chowdhury v. Her Majesty the Queen in Right of Ontario, 2022 ONSC 991, the plaintiff commenced a civil action in Ottawa against Her Majesty the Queen in Right of Ontario (“Her Majesty”) seeking to invalidate mandatory COVID-19 vaccination laws pursuant to the Charter of Rights andRead More
Filing Documents for Small Claims Court Hearings
Effective February 22, 2022, parties in the Small Claims Court have to file their hearing materials at least 10 days prior to the hearing, instead of three days, with limited exceptions. The Consolidated Notice to the Profession and Public Regarding the Small Claims Court can be found here.Read More
Court Examines “Best Efforts” to Answer Undertakings
In Stephens v. Creative Mechanical et al, 2022 ONSC 955, the court considered whether the plaintiffs made “best efforts” to answer undertakings. The case involves the building of a house. The defendants are contractors. The plaintiffs undertook to make best efforts to locate two subcontractors and to provide will-say statements. The attempts madeRead More
Fridays with Rogers Partners
At our weekly meeting, Pip Swartz discussed the recent decision in Kifle, et al. v. Penava, et al., 2022 ONSC 552. This decision concerned a motion brought by the plaintiffs to amend the statement of claim to correct a misnomer. The primary plaintiff, Ida Kifle, alleged that she received negligentRead More
Court Declines to Order Production of Crown Brief Due to Ongoing Criminal Prosecution
In Joseph v. Debs, 2022 ONSC 837, the court declined to order production of the Crown Brief in an ongoing sexual assault prosecution. The plaintiff brought the motion in the context of a civil action alleging libel. The plaintiff claims that the defendant defamed him on Twitter by accusing him ofRead More
Case Closed: An Umpire has the Final Word on the Valuation of a Claim
By Natalia Sheikh Overview In Truscott v. Co-Operators General Insurance, 2022 ONSC 829, the Court considered the finality of an umpire’s decision following an appraisal pursuant to section 128 of the Insurance Act, and its impact on subsequent claims flowing from the same loss. Background The plaintiffs were the ownersRead More
Court of Appeal Upholds Decision on Vicarious Liability of Employer
In Dagenais v. Pellerin, 2022 ONCA 76, the Court of Appeal rejected an employer’s argument that it was not vicariously liable for a motor vehicle accident. The employee was a cement finisher who had been instructed by his supervisor to travel to a job site two hours away. While traveling toRead More
Annie Levanaj Published by Canadian Defence Lawyers
One of our articling students, Annie Levanaj, was recently published in the Canadian Defence Lawyers’ Hearsay newsletter. Annie discusses a Supreme Court of Canada decision on the circumstances in which public authorities can be held liable in negligence. The article can be found here.Read More
Fridays with Rogers Partners
At our weekly meeting, Annie Levanaj discussed the recent decision in Day v. Adams, 2022 ONSC 610. Overview The defendant brought a motion to dismiss an action for delay on the grounds that the plaintiff failed to serve the Statement of Claim in accordance with the Rules of Civil Procedure[1]Read More
Court Stresses Importance of CaseLines
In Bowman v. Uwaifo, 2022 ONSC 678, the court stressed the importance of using CaseLines in virtual hearings. Justice Myers stated: “imagine a lawyer going into court before the pandemic and not numbering the pages of the motion record. That is the equivalent of not using Caselines today”. The useRead More
Happy Lunar New Year!
Happy Lunar New Year to all those celebrating! We wish you good fortune, happiness, and prosperity in the Year of the Tiger.Read More
Rogers Partners Celebrates Black History Month
The theme for Black History Month 2022 in Canada is “February and Forever: Celebrating Black History today and every day.” During Black History Month, people in Canada celebrate the many achievements and contributions of Black Canadians and their communities who, throughout history, have done so much to make Canada theRead More
Upcoming Amendments to Rules of Civil Procedure
Brian Sunohara has written an article on amendments to the Rules of Civil Procedure, which will be in effect on March 31, 2022. The amendments include: Each party must serve and file a certificate of readiness regarding expert reports at least 30 days prior to the pre-trial conference.Parties can consentRead More
The Importance of the Nature of the Claim in Determining Coverage
By Kayley Richardson In Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, the Ontario Court of Appeal dismissed an insurer’s appeal of a coverage application decision, in which the application judge had held that the insurer had a duty to defend the insured. Background Mr. Hemlow had beenRead More
Fridays with Rogers Partners
At our weekly firm meeting, Michael Kryworuk discussed the recent decision of the Court of Appeal in Tallman Truck Centre Limited v. K.S.P. Holdings Inc., 2022 ONCA 66. This matter involved an appeal of a successful motion to stay the plaintiff’s action that had been brought by one of theRead More
Updated Superior Court Notice to Profession
The Ontario Superior Court of Justice released an updated Notice to Profession and Public Regarding Court Proceedings yesterday, which is in effect until February 28, 2022, subject to further direction of the Court. Juries will not be selected until February 28, 2022. All civil matters will proceed virtually, but, whereRead More
Plaintiff Successful in Striking Out Jury Notice on a Conditional Basis
By Kathryn Orydzuk In Sanson v. Paterson/Security National Insurance Company, 2022 ONSC 276, the plaintiff brought a motion to strike the defendant’s jury notice on a conditional basis. The matter was scheduled to proceed to trial on January 17, 2022. Overview The decision of Justice Dow, released on January 12,Read More
Knowledge of Exact Cause of Fall Not Required to Establish Liability
In Branton et al v. 2008422 Ontario Ltd. c.o.b. as Euro-Ex, 2021 ONSC 7548, the defendant brought a summary judgment motion in an occupiers’ liability claim. The plaintiffs brought a cross-motion seeking a finding of liability against the defendant. The defendant was engaged in road construction work on the street whereRead More
Nicholas Fernandes Joins Rogers Partners
Nicholas Fernandes joined Rogers Partners today as an associate lawyer. We’re very happy to welcome Nicholas to the firm!Read More
Fridays with Rogers Partners
At our weekly firm meeting, Michael Kryworuk discussed the recent decision in R.C. and J.M. v. Western Assurance Company, 2022 ONSC 100. This matter involved a duty to defend coverage application brought by the applicants, R.C. and J.M., seeking to have the respondent insurer, Western Assurance Company, defend them inRead More
Court Considers Test for Consolidation of Actions
By Jennifer Singh In Paterson v. Gilbert, 2021 ONSC 8469, the plaintiff, Steven Paterson, brought a motion to consolidate three purportedly related actions. Justice Marvin Kurz granted the plaintiff’s motion in part. Overview The three actions that the plaintiff sought to consolidate were: The “MVA Action”, Stuart v. Paterson, Intact Insurance Company andRead More
Rogers Partners Insurance Coverage Checklist
Stephen Ross and Andrew Yolles have prepared a checklist on issues to consider when examining insurance coverage. We hope this checklist is helpful. Click here for the Rogers Partners Insurance Coverage Checklist.Read More
Medical Reasons Required to Terminate Income Replacement Benefits
The Divisional Court’s decision in Varriano v. Allstate, 2021 ONSC 8242, demonstrates the importance of insurers providing medical reasons for terminating income replacement benefits in statutory accident benefits claims. Allstate paid the claimant income replacement benefits between October 7, 2015 and December 2, 2015. On December 30, 2015, Allstate sent toRead More
Fridays with Rogers Partners
At our weekly firm meeting, Annie Levanaj discussed the recent decision with respect to damages on the plaintiffs’ motion for default judgment in Zarei v. Iran, 2021 ONSC 8569. Background This decision dealt with compensatory and punitive damages sought by the plaintiffs for the shooting down of Ukraine International AirlineRead More
Court of Appeal Resumes Hearing Most Matters by Zoom
In light of the current state of the pandemic, the Court of Appeal has resumed hearing most matters by videoconference. The relevant portion of the Practice Direction states: 71. In response to the most recent developments related to the COVID-19 pandemic, effective December 20, 2021 and until further notice, unlessRead More
Court Declines to Certify Class Action against Parent Corporations of Alleged Tortfeasors
By Erin Crochetière In David v. Loblaw[1] the Ontario Superior Court partially certified a class action against retailers and producers of packaged bread. One of the issues addressed by the Court was whether the plaintiffs’ claims against parent corporations of the bread producers met the requirements for certification. Overview TheRead More
Defendant Denied Further Defence Medical Exam Due to Insufficient Evidence
In Rocca v. 6131646 Canada Inc., 2021 ONSC 8445, the defendant brought a motion to compel the plaintiff to attend a defence medical examination with a physiatrist. The plaintiff had already attended three defence medical examinations, specifically, by an orthopaedic surgeon, a psychiatrist, and a neurologist. The defendant argued that itRead More
Happy New Year!
From all of us at Rogers Partners, best wishes for the new year! We hope everyone stays safe and healthy.Read More
Court of Appeal Examines Pollution Exclusion
The Ontario Court of Appeal recently upheld a decision in which a pollution exclusion in a commercial general liability policy was found to not negate the insurer’s duty to defend. In Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, John Hemlow, a mechanical contractor, opened a valve toRead More
Happy Holidays!
This year seems to have flown by! Rogers Partners wishes everyone a safe and happy holiday season!Read More
Disclosure of Pierringer Agreement Ordered by Court
The decision in Singh et al v. Mann et al, 2021 ONSC 8249, addresses whether a Pierringer Agreement needs to be disclosed. The non-settling defendants sought disclosure of a Pierringer Agreement redacted for quantum. The plaintiffs and the settling defendants argued that the non-settling defendants are only entitled to disclosureRead More
Updated Notice to Profession in Light of Omicron Variant
The Ontario Superior Court of Justice recently issued a Notice to the Profession and Public in response to the Omicron variant. Jury trials will not commence in any court location until February 7, 2022. The decision to continue trials that are in progress will be made by the presiding judge,Read More
Motion to Examine Non-Party Dismissed
In Birhane v. Wong et al, 2021 ONSC 8024, the court dismissed a motion for an oral discovery of a non-party. The plaintiff sued the defendant physicians for medical negligence. A key issue in the lawsuit is whether the plaintiff provided consent for the procedure in question. The plaintiff’s facility withRead More
2021 Holiday Party
We had a fun time at our firm’s virtual holiday party on Friday! There were some great ugly holiday sweaters. Our winners for the best sweaters were: Eugenia Arrieta, Jackie Galvin, Alejandra Luco, and Rescheen Scott. Congratulations to our bingo winners! Meryl Rodrigues won the first game, and Jennifer ThistelRead More
Income Replacement Benefits And CERB: To Deduct Or Not To Deduct? – Take 2
By Kayley Richardson The Applicant sought reconsideration of the Tribunal’s decision in Foster v. Aviva General Insurance[1], that was previously discussed on our blog. Our previous blog post can be found here. At first instance, Adjudicator Ferguson had concluded that the Canada Emergency Response Benefit (“CERB”) was akin to otherRead More
Launch of Tribunals Ontario Portal
Tribunals Ontario recently launched the Tribunals Ontario Portal, which is a new case management system designed to streamline the dispute resolution process. Applications can be filed online and documents can be exchanged with other parties through the portal. Scheduling will also be done online. Currently, only the Landlord and TenantRead More
Federal Privacy Commissioner Calls for Updated Federal Privacy Laws amidst Inconsistent Provincial and Territorial Privacy Protection Frameworks
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.” TheRead More
Brain SPECT Ruled Inadmissible at Trial
In Meade v. Hussein, 2021 ONSC 7850, the plaintiff attempted to rely on a brain SPECT scan to demonstrate that she sustained a traumatic brain injury in a motor vehicle accident. The defendant’s expert testified that the use of a brain SPECT to diagnose a traumatic brain injury is notRead More
Rogers Partners Hiring Senior Law Clerk
Rogers Partners LLP currently has an opportunity for a law clerk with at least 5 years of insurance defence experience. This position will support a senior partner and his team with the management of tort litigation matters. Candidates must have certification from a recognized law clerk program. Since our foundingRead More
Virtual Trial at Rogers Partners
Two of our lawyers, Brian Sunohara and Erin Crochetière, participated in a virtual trial from our boardroom last week. The case involves alleged motor vehicle negligence and breach of Charter rights. The trial is anticipated to continue in the early new year. Although conducting a trial by videoconference is notRead More
Fridays with Rogers Partners
At our weekly firm meeting, Michael Kryworuk discussed the recent decision of Justice Dunphy in Basaraba v. Bridal Image Inc., 2021 ONSC 8038, which contains important practical advice for parties seeking summary resolution of their matters. History of the Litigation: This decision arose from a summary judgement motion that wasRead More
Tricks of the Trade Conference
The Advocates’ Society’s popular Tricks of the Trade conference is coming up on January 28, 2022. It will be held online. Two of our partners are involved in the conference. Stephen Ross is a co-chair and Tom Macmillan will be speaking on “The Fallout: Personal Injury Law and the Pandemic”.Read More
Amendments to Claim Denied Where Leave Sought Too Close to Trial
By Athina Ionita In Falsetto v. Falsetto et al., 2021 ONSC 7964, the plaintiff sought leave to amend the statement of claim. The defendants opposed the plaintiff’s proposed amendments, arguing that the plaintiff was seeking to add new causes of action outside the limitation period, and that the motion wouldRead More
Plaintiff’s Appeal Dismissed on Attending In-Person Defence Medical Exams During the Pandemic
In a previous blog post, Meryl Rodrigues discussed the case of Mierzejewski v. Brook, in which the plaintiff was ordered to attend in-person defence medical assessments despite concerns over COVID-19. The plaintiff provided evidence from a treating doctor who indicated that the plaintiff was at high risk to contract COVID-19Read More
Court of Appeal Encourages Junior Counsel to Participate in Oral Argument
Chief Justice Strathy and Associate Chief Justice Fairburn recently released a statement encouraging junior counsel to be involved in oral argument at the Court of Appeal: The Court of Appeal has a rich tradition of welcoming submissions from counsel at all stages of their career.Opportunities to address the Court areRead More
Fridays with Rogers Partners
At our weekly meeting, Annie Levanaj discussed the recent decision of the Court of Appeal in Adam v. Ledesma-Cadhit, 2021 ONCA 828, which was an appeal of a decision regarding a swine flu vaccine. Facts Amina Adam, the five year old daughter of two of the appellants, died five daysRead More
Rogers Partners Fall 2021 Newsletter
Click here for the Fall 2021 edition of our newsletter, In|Sight! The newsletter contains the following topics: Winter is Coming: The Supreme Court of Canada on Government Immunity for Policy Decisions and its Application to Snow RemovalInsurer Examinations – When is Another Examination Appropriate?Wait, Is it An Accident? The CloseRead More
Damages in Chronic Pain Trial
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 thatRead More
Happy Chanukah!
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 PartnersRead More
Fridays with Rogers Partners
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 judgeRead More
New Guidelines on Resuming Court Operations
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 toRead More
A Cautionary Tale: The Consequences of Eliciting Previously Undisclosed Opinions from Participant Experts
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 inRead More
Court Orders Production of Documents on Plaintiff’s Previous Settlements
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 onRead More
New Case Conference Form in Toronto
The Notice to the Profession for Toronto was amended effective November 19, 2021 to provide for a new Case Conference Request form. This form replaces the Chambers Appointment Hearing Request form. There is also a new email address to submit Case Conference Request forms: TorontoCaseConferenceAppointments@Ontario.ca. Rule 50.13 addresses case conferences.Read More
Fridays with Rogers Partners
At our weekly meeting, Michael Kryworuk discussed the Supreme Court of Canada’s decision in Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47. This decision addressed the issue of promissory estoppel in the context of insurance coverage disputes. History of theRead More
Motion to Strike Jury Notice in Central East Region Dismissed
In Corkett v. Ginn, 2021 ONSC 7434, the court dismissed the plaintiff’s motion to strike a jury notice in an action commenced in the Central East Region. One of the reasons for dismissing the motion was that the plaintiff did not move the action forward expeditiously. There was an unexplainedRead More
Winter is Coming: The Supreme Court of Canada on Government Immunity for Policy Decisions, and its Application to Snow Removal
By Natalia Sheikh Introduction In the recent Supreme Court of Canada decision in Nelson (City) v. Marchi, 2021 SCC 41, the Court develops a four-factor test for determining whether a decision of a government entity is a “core policy decision” that is immune from liability in tort. This decision isRead More
Plaintiff’s Incorrect Description of Accident Location Leads to Dismissal Against Municipality
The court recently dismissed an action against a municipality due to insufficient notice. Under section 44 of the Municipal Act, 2001, when a person is injured due to an alleged improper state of repair of a municipal highway or sidewalk, the injured person must provide, within 10 days, written notice ofRead More
Guidance on Civil Case Conferences from the Ontario Superior Court