RP Blog
Update on CaseLines
The Ontario Superior Court of Justice advised on Twitter last week that CaseLines will be expanded to the entire province by July 2021. CaseLines is an online document storage platform that allows counsel and parties to upload documents for review by all participants before and during hearings, including motions andRead More
Rogers Partners Winter 2020 Newsletter
We’re pleased to present the Winter 2020 edition of our newsletter, In|Sight. We hope you find the following topics to be of interest: 1. Assault in Parking Garage: Inadequate Security Measures Did Not Cause Plaintiff’s Loss 2. Tort Action Arising from Injury at Heavy Metal Concert 3. The Scope of Re-ExaminationRead More
Fridays With Rogers Partners
At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Court of Appeal, Zoutman v. Graham, 2020 ONCA 767. In this case, the Court of Appeal heard an appeal brought by Mr. James Graham. The appellant appealed a judgment dismissing his motion under section 137.1 of the CourtsRead More
Jury Notice in London Action Not Struck
In Pietsch et al v. Lyons, 2020 ONSC 7628, the plaintiffs sought to strike a jury notice in a motor vehicle accident case due to complexity and due to delay arising from the COVID-19 pandemic and related prejudice. The case was previously scheduled to be tried on three occasions, butRead More
Misnomer – What Happens if a Plaintiff Gets Its Own Name Wrong?
By Erin Crochetière In Dealer’s Choice Preferred Collision Centre Inc. v. Kircher, 2020 ONSC 7557, the Court considered the applicable test when a motion is brought to amend the named plaintiff pursuant to the doctrine of misnomer. Motions based on the doctrine of misnomer are typically brought to correct anRead More
SABS Claim Arising From Parking Dispute
In L.L.B. v. Intact Insurance Company, 2020 ONLAT 17-003125/AABS, the Licence Appeal Tribunal considered an odd fact situation where a person was assaulted in downtown Toronto. The claimant was working as a crew member of a television production company. Her job was to keep watch over three dedicated parking spaces. ARead More
Courthouse Risk Assessments
The Ontario Bar Association has prepared a helpful resource which provides links to COVID-19 risk assessments that have been conducted at many of Ontario’s courthouses. The risk assessments address issues such as screening for COVID-19, enhanced cleaning, signage, plexiglass barriers, and facility and room capacity.Read More
Fridays With Rogers Partners
This morning, we continued with our internal Rogers Partners Litigation Strategy Series. Anita Varjacic led a discussion by Zoom on pre-trial conferences. We addressed the need to write persuasive pre-trial briefs and to be fully prepared for pre-trial conferences. We also discussed whether counsel should show their client’s complete handRead More
Jury Notice Not Struck in Toronto Action
In Saadi v. Silva, 2020 ONSC 6700, the court dismissed the plaintiff’s motion to strike a jury notice. The action arose out of a motor vehicle accident. A jury was selected in Toronto on October 5, 2020. The trial was supposed to commence on October 14, 2020, but could not proceed dueRead More
Vexatious Litigation is Not a Protected Form of Expression
By Emily Vereshchak In London District Catholic School Board v. Michail[1], the Ontario Superior Court of Justice considered a motion pursuant to s.137.1 of the Courts of Justice Act (commonly referred to as the “anti-SLAAP provisions”) within the context of an Application for a declaration of a vexatious litigant pursuantRead More
Upcoming Amendments to Rules of Civil Procedure
Amendments to the Rules of Civil Procedure are coming into force on January 1, 2021. The amendments can be found here. The amendments are fairly extensive and include: 1. Rule 1.08(1). For a hearing that requires attendance, such as a motion, the party has to propose whether it should beRead More
Is Court Approval Required to Dismiss Third Party Claim When Plaintiff is a Minor?
The decision in Ciarlo et al v. Sesula and Rees, 2020 ONSC 7051, indicates that, when a third party defends a main action in which the plaintiff is a minor, court approval of a dismissal of the third party action is required. The third party claim cannot simply be dismissed onRead More
Fridays With Rogers Partners
At our weekly meeting, Athina Ionita discussed the court’s decision in Boone v. O’Kelly, 2020 ONSC 6932, which involved a ruling on expert evidence. The court determined that the defence expert’s evidence was not reliable and was, thus, inadmissible. Background The plaintiff suffered injuries during a procedure to remove aRead More
No In-Person Hearings at Court of Appeal Until Further Notice
In a previous blog post, we advised of a notice from the Court of Appeal that it would hear some appeals in person. However, this has changed. In a further notice, the Court of Appeal has stated that it will not conduct in-person appeals until further notice. The Court ofRead More
Waiting Too Long to Add Third Party Can Have Consequences
By Colleen Mackeigan In Crawford v. Standard Building Contractors Limited, 2020 ONSC 7022, the Ontario Superior Court of Justice exercised its discretion under rule 29.02(1.2) of the Rules of Civil Procedure and denied the defendant leave to add a third party for the reason that doing so would cause prejudiceRead More
Andrew Yolles in The Lawyer’s Daily
Andrew Yolles was recently published in a two-part series in The Lawyer’s Daily in an article called “SCC decision roadmap to damages in tort for pure economic loss”. Andrew comments on the Supreme Court of Canada’s decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35. Andrew says, “TheRead More
What the HIC?: Preventing and Responding to Privacy Breaches in Health Care Organizations
By Gemma Healy-Murphy I recently attended an interesting and informative program put together by Osgoode Hall Law School titled “The 2020 Legal Guide to Privacy & Information Management in Healthcare”. Below are my key takeaways from the program, including best privacy practises and how to deal with a potential privacyRead More
Jury Trials Only Permitted in Green Zone
In a Notice to the Profession, the Ontario Superior Court of Justice has advised that, effective November 23, 2020, there will be no new jury selection in any court locations, except those in a Green Zone as defined by the Ontario Government. This will remain in effect until at leastRead More
Fridays With Rogers Partners
At our weekly firm meeting, Angeline Bellehumeur addressed the Divisional Court’s decision in Louis v Poitras, 2020 ONSC 6907. The defendants appealed the motion judge’s decision to strike a jury notice due to the delay caused by the COVID-19 pandemic. The decision involves two Ottawa actions related to a motorRead More
Court Declines to Rule on Effect of Suspension of Limitation Periods
By Brian Sunohara Most limitation periods in Ontario were suspended for close to six months, from March 16, 2020 to September 14, 2020, due to the COVID-19 emergency. The regulation that provided for the suspension, Ontario Regulation 73/20, indicated that “the temporary suspension period shall not be counted” toward theRead More
Subsequent Discovery of Severity of Injuries and Limitation Periods: Baig v. Mississauga
By Carol-Anne Wyseman In Baig v. Mississauga, 2020 ONCA 697, the Court of Appeal recently upheld a summary judgment finding that a man who fell off his bicycle and injured himself in 2013 was barred from suing the Corporation of the Town of Mississauga (“Mississauga”), as the two-year limitation periodRead More
New Jury Trials on Hold in Hamilton and Newmarket
The Ontario Superior Court of Justice previously advised that jury selection and new jury trials in Newmarket would resume on November 16, 2020. However, that has changed due to the deterioration of the public health situation. In an updated Notice, the Court has advised that jury selection and new juryRead More
Rogers Partners Supports Bee Population
Rogers Partners is pleased to support the local bee population through the Toronto Bee Rescue. We participated in a beehive share program which yielded 24 litres of honey.Read More
Fridays With Rogers Partners
At our weekly firm meeting, Athina Ionita addressed the decision in Campbell v Desjardins, 2020 ONSC 6630. The court discusses the appraisal process, highlighting several key points. These points are: Appraisals are valuation decisions where two appraisers argue the property loss value before an impartial umpireAppraisers act like advocates andRead More
New Jury Trials in Brampton and Toronto on Pause Again
The Ontario Superior Court of Justice previously advised that jury selection and new jury trials would again resume in Brampton and Toronto on November 16, 2020. However, in an updated Notice to the Profession, the Court has advised that, due to a deterioration in the public health situation, jury selectionRead More
Supreme Court’s Clarification of the Availability of Damages in Tort for Pure Economic Loss
By Andrew Yolles In its recent decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35, the Supreme Court of Canada was divided on whether Mr. Sub franchisees could claim damages in negligence for pure economic loss resulting from contaminated meat products supplied by Maple Leaf Foods.Read More
Claim Struck Due to Breach of Deemed Undertaking Rule
By Brian Sunohara The court’s decision in Sciucca v. Yoon, 2020 ONSC 6539, cautions against using information obtained from discoveries to commence a new action, even if the new action is related to an existing action. The matter involves a failed real estate transaction. Through documentary discovery and oral discovery,Read More
New Jury Trials Resuming in Brampton, Newmarket, Ottawa, and Toronto
Jury selection was paused in Brampton, Newmarket, Ottawa, and Toronto due to those areas being in a modified Stage Two related to COVID-19 pandemic. Since these areas are being removed from the modified Stage Two, new jury trials will resume. A Notice to the Profession indicates that, as of NovemberRead More
Fridays With Rogers Partners
At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Court of Appeal, Svia Homes Limited v. Northbridge General Insurance Corporation, 2020 ONCA 684. In this case, the Court considered an appeal brought by Svia Homes Limited (“Svia”). On appeal, Svia contended that the application judge wrongly dismissedRead More
“Wait and See”: Court Says Jury Notices Should Not Be Prematurely Struck
By Alon Barda I wrote an article about two months ago entitled “The End of Civil Jury Trials? Jury Notice Struck Due to COVID-19.” At the time, I discussed the case of Belton v. Spencer 2020 ONSC 5327,[1] wherein the motion judge held that the defendant’s right to a trialRead More
Thunder Bay Courthouse Temporarily Closed
For those with matters in Thunder Bay, the courthouse is temporarily closed due to a fire, as indicated in a Notice to the Profession. The closure could last until the end of December 2020. Most hearings will continue to be conducted virtually. Where in-person attendance is required, space at aRead More
CaseLines Expected to be Implemented in All Ontario Regions by Late 2021
The CaseLines Pilot Project appears to be progressing well. CaseLines is an online document storage platform that allows counsel and parties to upload documents for review by all participants before and during hearings, including motions and pre-trial conferences. CaseLines has now been implemented in civil and Divisional Court matters inRead More
Stephen Ross and Gemma Healy-Murphy on The Future of Summary Judgment
The Lawyer’s Daily has published an article by Stephen Ross and Gemma Healy-Murphy called “Summary judgment post COVID-19”. Stephen and Gemma indicate: Over the past few months, we have seen the judiciary quickly and creatively respond to the challenges imposed by the COVID-19 pandemic. In this way, we have seenRead More
Fridays With Rogers Partners
This morning, at our weekly firm meeting, Angeline Bellehumeur discussed the court’s decision in Frances v TTC Insurance Company, 2020 ONSC 6495. Master Wiebe considered a status hearing motion for dismissal of an action for delay pursuant to rule 48.14 of the Rules of Civil Procedure. This action arises fromRead More
Small Claims Court Now Accepting Court Documents by E-mail
An updated Notice to the Profession indicates that, on October 28, 2020, the Small Claims Court started to accept most court filings by e-mail at the e-mail addresses for the various court locations at this link. Enforcement documents cannot be filed by e-mail. E-mailed filings must be submitted in PDFRead More
Hypothetical Questions on Discovery
By Jocelyn-Rose Brogan When conducting an examination for discovery, counsel should keep in mind that the Rules of Civil Procedure are designed to provide parties with full disclosure of information in order to avoid surprise. However, as demonstrated in Beemer and Chrysler v. 1350246 Ontario Inc., 2020 ONSC 5564 (“Beemer”),Read More
Jury Selection Suspended in Newmarket; Virtual Hearings Encouraged
After the Region of Peel, Toronto, and Ottawa entered a modified Stage Two due to increasing COVID-19 cases, the Ontario Superior Court of Justice announced changes to court proceedings in those areas. Given that the Region of York has also moved into a modified Stage Two, the Superior Court has implementedRead More
Court Approves Settlement of G20 Class Actions
Two class actions against the Toronto Police have settled. The actions arose out of the arrest and detention of hundreds of protesters during the G20 summit that was held in Toronto in June 2010. In Good v. Toronto Police Services Board, 2020 ONSC 6332, Justice Belobaba approved the settlement, which requiresRead More
Fridays with Rogers Partners
At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Court of Appeal, Krukowski v. Aviva Insurance Company of Canada, 2020 ONCA 631. In this case, the Court considered an appeal brought by Deutschmann Law Professional Corporation, whose principal was Mr. Deutschmann. Mr. Deutschmann represented Mr. Krukowski, aRead More
Announcement From Court of Appeal on In-Person Hearings
Due to the COVID-19 pandemic, the Court of Appeal has been hearing appeals in writing and by videoconference. In a notice released this week, the Court of Appeal advised that it will hear some appeals in person. The Court will only consider holding an in-person hearing if all parties andRead More
Immunity From COVID Claims?
By Rebecca Moore Immunity from liability for claims involving the spread of COVID-19? This is what has been put forward by the Attorney General of Ontario, Doug Downey, in the proposed bill, Supporting Ontario Recovery Act. If passed, this legislation will protect individuals and organizations found to be have makingRead More
Court of Appeal Addresses Releases in Recent Decision
In Huma v. Mississauga Hospital, 2020 ONCA 644, the Court of Appeal upheld a motion to enforce a settlement against three plaintiffs who were self-represented at the time of the settlement. One of the issues addressed by the Court of Appeal is the requirement to provide a release upon settlement. TheRead More
Motion to Add Defendant Dismissed Due to Insufficient Evidence on Discovery of Claim
In Condreanu v. Choi, 2020 ONSC 6105, the plaintiff was involved in a motor vehicle accident on November 23, 2017. On November 21, 2019, she commenced an action against a driver, Choi, along with the owner of Choi’s vehicle. One month prior to commencing the action, the plaintiff’s lawyer provided theRead More
Fridays With Rogers Partners
At our weekly firm meeting, Athina Ionita discussed the Court of Appeal’s decision in Becker v. Toronto (City), 2020 ONCA 607. This appeal addresses how framing the issues at trial influences what issues may be appealed. Further, this decision makes it clear that if counsel believes an issue is relevantRead More
Milton Courthouse Temporarily Closed
According to a notice issued yesterday, due to a new discovery of mould, all in-person hearings and processes at the Milton courthouse have been suspended. A health and safety investigation of the entire courthouse is being undertaken.Read More
Transfer of Actions from Small Claims Court to Superior Court
In Segura Mosquera v. Rogers Communications Inc., 2020 ONSC 6024, Justice Gomery stated that there is a relatively high onus on a party seeking to transfer an action from Small Claims Court to the Superior Court of Justice. The applicant must submit evidence that commencing the claim in Small ClaimsRead More
Court of Appeal Upholds Striking of Jury Due to Inaccurate Trial Duration Estimate and Late Disclosure
By Meryl Rodrigues In an interesting decision released by the Court of Appeal on October 13, 2020, the Court appears to have swiftly dealt with a defendant’s broad appeal on the merits of a trial judgment in an action arising from a motor vehicle accident.[i] The case of Rolley v.Read More
Motion for Consent Adjournment of Trial Denied
The court’s decision in Jaffer v. Remu et al, 2020 ONSC 5736, shows that parties must be prepared to attend a trial on the scheduled date and cannot assume that the court will grant an adjournment even if it is on consent. The action in question arose from a motorRead More
Jury Selection Suspended in Brampton, Toronto, and Ottawa; Virtual Hearings Encouraged
In a Notice to the Profession, issued on October 9, 2020, the Chief Justice of the Ontario Superior Court of Justice suspended jury selection in Brampton, Toronto, and Ottawa for the next 28 days. This follows the Province’s return to a modified Stage Two in Peel, Toronto, and Ottawa inRead More
Fridays With Rogers Partners
This morning, we continued with our in-firm Litigation Strategy Series. Tom Macmillan presented the second part of his seminar on mediations. Tom provided a lot of practical advice, including: In opening statements, be yourself and be brief. Also, consider leaving certain concepts to be explained later by the mediator as some thingsRead More
Due Diligence Required to Identify Liable Parties
In Ali v. City of Toronto, 2020 ONSC 5888, the court denied the plaintiff’s motion to add a winter maintenance contractor to the action after the expiry of the presumptive two year limitation period. The accident occurred in February 2017. The plaintiff slipped and fell on a City of Toronto sidewalk. SheRead More
Ontario Court of Appeal Weighs in on Jury Notices in the Context of the COVID-19 Pandemic
By Matthew Umbrio On September 4, 2020, Justice Sheard of the Ontario Superior Court of Justice released a decision on a motion to strike the defendant’s jury notice, in Belton v. Spencer.[1] Her Honour, in granting the plaintiff’s motion, held that, in order to respond to the additional challenges toRead More
Update on Suspension of Limitation Periods
Most limitation periods in Ontario were suspended due to the COVID-19 pandemic. The suspension started on March 16, 2020, and limitation periods resumed running on September 14, 2020. In a previous blog post, we noted that the regulation that provided for the suspension, Ontario Regulation 73/20, indicated that “the temporary suspensionRead More
Matthew Umbrio in The Lawyer’s Daily
Matthew Umbrio was recently featured in a two-part series in The Lawyer’s Daily on the extra-provincial application of Ontario’s priority dispute scheme: Part 1 Part 2Read More
Fridays With Rogers Partners
This morning, at our weekly firm meeting, Tom Macmillan presented a seminar on mediations as part of our in-firm Litigation Strategy Series. Tom provided some very helpful and practical tips, including: Be open-minded about the selection of a mediator. If you have not used a particular mediator before, it mayRead More
Who is the Ontario Patient Ombudsman?
By Gemma Healy-Murphy Established in 2016, the Ontario Patient Ombudsman[1] receives and resolves complaints related to Ontario’s public hospitals, long-term care homes, and home and community care coordinated by the Local Health Integration Networks. The Patient Ombudsman has no jurisdiction in matters involving a regulated healthcare professional, private retirement homeRead More
ORIMS Publishes Article by David Rogers
David Rogers’ article, “COVID-19: The Ultimate Business Interrupter”, was published in The Pulse, a magazine of the Ontario Risk and Insurance Management Society. David’s article starts at page 15 of the magazine.Read More
Successful Costs Decision by Tom Macmillan
Tom Macmillan was successful on the issue of costs in the case of De Albornoz v. Christie et al, 2020 ONSC 5642. The action arose out of the partial collapse of a house. Tom represented a third party engineering firm. The third party commenced a summary judgment motion, following which theRead More
Brian Sunohara in Canadian Underwriter
Brian Sunohara was recently quoted in Canadian Underwriter in an article called “Insurer ordered to pay $21 million in interest on a $25-million court award“. The article refers to commentary by Brian regarding a case where an insurer was ordered to pay compound prejudgment interest of US$14.8 million (about CAD$21Read More
Fridays With Rogers Partners
At our weekly meeting this morning, Angie Bellehumeur discussed the case of Coban v Declare, 2020 ONSC 5580. This case deals with a motion by the plaintiff to strike the jury notice pursuant to rule 47.02, and a cross-motion to seek an adjournment of trial pursuant to rule 52.02. TheRead More
An Update on Tort Immunity Under the Crown Liability and Proceedings Act
By Erin Crochetière The Ontario Crown Liability and Proceedings Act, 2019 (“CLAPA”) came into force in July of 2019, replacing the Proceedings Against the Crown Act. CLAPA received industry-wide scrutiny based on the provisions limiting Crown liability. Whereas the former Proceedings Against the Crown Act provided that the Crown wasRead More
New Protocol in Central East Region for Trials and Long Motions
The Central East Region has issued a new protocol for the resumption of civil proceedings, specifically, civil trials, summary judgment motions, long motions, and applications. The November 2020 civil trial sittings in the Central East Region are cancelled. The status of the May 2021 civil trial sittings is uncertain at thisRead More
Rogers Partners Fall 2020 Newsletter
We’re pleased to present the Fall 2020 edition of our newsletter, In|Sight, which covers the follows topics: 1. Additional Insureds: What Does “Arising Out of the Operations” Mean? 2. The Beginning of the End? What Recent Decisions Could Mean for Jury Trials in Ontario 3. UK Test Case on BusinessRead More
Scope of Cross-Examinations for Applications and Motions
In Sanctuary et al v. Toronto (City) et al, 2020 ONSC 4708, the court outlined the principles applicable to cross-examinations of a deponent of an application or motion. These principles include: The scope of a cross-examination of a deponent for an application or a motion is narrower than an examination forRead More
Fridays With Rogers Partners
At our weekly meeting, Chris MacDonald discussed a decision of the Ontario Court of Appeal, Aviva Canada Inc. v. 1843538 Ontario Inc., 2020 ONCA 581. In this case, the Court considered an appeal by the appellants, 843538 Ontario Inc., c.o.b. Mississauga Collison Centre, and/or McLaren Collison, Fady Rony Warda, Rony Amanuel Warda, (“the Wardas”)Read More
Another Jury Notice Struck Due to COVID-19
Last week, Alon Barda posted an article on our blog regarding a decision where the court struck a jury notice due to the delay that would be caused by the COVID-19 pandemic. Another decision has been released where the court similarly struck a jury notice. In Louis v. Poitras, 2020Read More
Supreme Court of Canada Clarifies Test for Anti-SLAPP Motions
By Emily Vereshchak The Supreme Court of Canada has released two decisions interpreting the test on a motion to dismiss under s. 137.1 of the Courts of Justice Act, known as the anti-SLAPP legislation (strategic lawsuits against public participation). The direction provided by the Supreme Court is likely to changeRead More
No Obligation to Make Offer to Settle
In Smith v. Kane, 2020 ONSC 4814, Justice Gans stated that there is no obligation on a litigant to make an offer to settle. Justice Gans relied on a previous decision which indicated that it would be “an error in law to deny costs to a successful defendant because ofRead More
Welcome Back Jocelyn-Rose Brogan!
We’re very pleased to announce the return of Jocelyn-Rose Brogan from maternity leave. Today is Jocelyn’s first day back with the firm. Jocelyn’s looking forward to reconnecting with clients and colleagues!Read More
Fridays With Rogers Partners
At our weekly meeting, Athina Ionita discussed a decision of the Ontario Licence Appeal Tribunal decision, D.G. v. Co-operators General Insurance Company, 2020 CanLII 61461 (ON LAT). The case considered whether the applicant’s injuries fall outside of the Minor Injury Guideline (MIG). Facts The applicant was rear-ended by a TTCRead More
The End of Civil Jury Trials? Jury Notice Struck Due to COVID-19
By Alon Barda The recently released motion decision in Belton v. Spencer, 2020 ONSC 5327, is a very important one for anyone practicing civil litigation in the province. The Case The claim arises from injuries sustained by the plaintiff on May 21, 2010 when he was kicked by a horseRead More
When Less is More: ONCA Denies Request for Factum to Exceed 30 Pages
By Colleen Mackeigan In a recent decision of the Ontario Court of Appeal (“ONCA”) in Oz Merchandising Inc. v. Canadian Professional Soccer League¸2020 ONCA 532, OZ Merchandising Inc. (“OZ”) was denied leave to submit a 500 page factum, or alternatively a 125 page factum in support of its appeal ofRead More
Costs Decision in “Crushing and Complete” Trial Loss for Plaintiffs
In McNamee v. Oickle, 2020 ONSC 5078, the plaintiffs received $5,000 following a jury trial arising from a motor vehicle accident. Prior to trial, the defendant had offered a total of $350,000 plus costs. The plaintiffs had offered $900,000 plus costs. Justice Beaudoin described the result “as a crushing and completeRead More
Fridays With Rogers Partners
At our weekly meeting today, Angie Bellehumeur discussed the Court of Appeal’s decision in Le Treport Wedding & Convention Centre Ltd. v Co-operators General Insurance Company, 2020 ONCA 487, which involved an insurance coverage dispute. On July 8, 2013, the Greater Toronto Area (GTA) experienced the most expensive natural disasterRead More
Ignoring Page Limits Must Have Consequences, Says Judge
When a court orders submissions to be kept to a certain page limit, parties must comply with the order. In Stewart & Bernard v. Fuhgeh et al., 2020 ONSC 4850, the court ordered the parties to provide costs submissions by specific dates and limited the submissions to three pages plusRead More