RP Blog
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
Multiple Lawyers from Rogers Partners in The Best Lawyers in Canada
Rogers Partners LLP is pleased to announce that the following lawyers have been selected for inclusion in the 2023 edition of The Best Lawyers in Canada™: Stephen Ross, Kevin Adams, Anita Varjacic, Brian Sunohara, and David Rogers.Read More
Court of Appeal Upholds Dismissal for Delay
The Court of Appeal’s decision in Mugizi v. Ngo, 2022 ONCA 595, shows the risks of not moving actions forward. The plaintiff was involved in a motor vehicle accident in January 2014. An action was commenced in March 2015. The action was struck from the trial list in December 2019Read More
Court Considers Abuse of Process in Subsequent Proceeding Commenced by Plaintiff
In Doria v. Warner Bros. Entertainment Canada Inc. et al., 2022 ONSC 4454, the court considered when a further proceeding can be commenced arising out of the same facts. The plaintiff rented out his house to a film production company. His family room floor was scratched. He commenced an arbitrationRead More
Fridays With Rogers Partners
At our weekly Friday meeting, Katrina Taibi discussed the Licence Appeal Tribunal’s decision in Garvey v. Economical Insurance Company, 2022 CanLII 73099 (ON LAT). Overview The appellant, Ms. Garvey, was injured in a motor vehicle accident on August 23, 2018. She brought a claim for statutory accident benefits pursuant toRead More
Noisy Neighbour? You May Not Be Entitled To A Legal Remedy
By Athina Ionita Introduction In Kikites v. York Condominium Corporation No. 382, 2022 ONSC 4606, a condominium unit owner (the Applicant) complains of noises coming from the upstairs unit. The Applicant seeks a number of remedies under the Condominium Act, 1998, SO 1998, c. 19, alleging that the condominium corporationRead More
Dispute Over Defence Medical Exam in LTD Claim
The case of Terra v. Desjardins Financial Security Life Assurance Company, 2022 ONSC 4673, involves a dispute over a defence medical examination in a long-term disability benefits claim. Prior to the commencement of the action, the plaintiff attended a psychiatric assessment with Dr. Chad at the request of the defendantRead More
Riley Groskopf Joins Rogers Partners
Riley Groskopf has joined our growing team! Riley comes to us from another insurance defence firm where his practice included defending claims involving motor vehicle accidents (tort and accident benefits), occupiers’ liability, and property loss. We’re happy to have Riley on board!Read More
Availability of Judicial Review in SABS Disputes
By Annie Levanaj The Court of Appeal’s decision in Yatar v. TD Insurance Meloche Monnex, 2022 ONCA 446, provides guidance on how judicial review should be dealt with when a statutory right to appeal also exists. It also reinforces the importance of limitation periods and ensuring claims are commenced inRead More
Slip and Fall Near Car Not “Accident” for SABS Coverage
In Namin v. Allstate Insurance Company of Canada, 2022 CanLII 70251 (ON LAT), Vice-Chair Maedel of the Licence Appeal Tribunal held that an incident wherein the applicant slipped and fell on snow and ice after exiting her vehicle was not an “accident” under the Statutory Accident Benefits Schedule. The descriptionRead More
Insurance Coverage Seminar
Our firm regularly conducts training seminars for our lawyers and students as part of our Litigation Strategy Series. Yesterday, Andrew Yolles presented on Insurance Coverage. Andrew prepared a helpful set of slides addressing the following issues: First party vs. third party coverage;Different types of liability coverage;Determining coverage: duty to defendRead More
Amendments to Superior Court’s Notice to the Profession
The Ontario Superior Court of Justice’s Notice to the Profession, Parties, Public and the Media was amended on August 2, 2022. Regarding civil matters, the amendments are contained in Part II, paragraphs 1 to 4 of the Notice. These amendments are as follows: Parties must provide accurate time estimates forRead More
LAT Limits Use of Insurer Examination Report Based on Improper Notice to Applicant
By Amanda Colarossi Overview Section 44 of the Statutory Accident Benefits Schedule (“SABS”) outlines the requirements of an insurer when scheduling an insurer examination (“IE”). The Licence Appeal Tribunal (“Tribunal”) can, on a motion, create remedies for any breaches of s.44. This was the situation in Waring v. Aviva GeneralRead More
Rogers Partners Carnival Potluck
Last week, we had a potluck lunch at our firm in celebration of Caribbean Carnival weekend and in recognition of Emancipation Day. Thank you to our Equity, Diversity and Inclusion Committee for organizing the lunch and to everyone who contributed to and participated in the event.Read More
Pleadings Seminar
Meryl Rodrigues presented an in-firm seminar for our lawyers and students this morning on Pleadings. Meryl addressed several issues to consider when preparing a statement of defence, including: Examining whether the client was properly named;Checking if the claim was issued in time;Assessing whether the court has jurisdiction;Seeing if other entitiesRead More
Athina Ionita Published in Ontario Accident Benefit Case Summaries
An article by Athina Ionita on the exclusive jurisdiction of the Licence Appeal Tribunal over statutory accident benefits disputes has been published in Ontario Accident Benefit Case Summaries, a LexisNexis publication. The article can be found here.Read More
Introducing Our New Articling Students
We’d like to extend a very warm welcome to our new articling students! Emmanuel Couture-Tremblay, Nasra Esak, Taya Rosenberg, and Katrina Taibi started with the firm this week. Congratulations to our new students on completing law school and entering the next phase of their journeys to becoming lawyers!Read More
Court Considers Criminal and Intentional Act Exclusions in Person Found Not Criminally Responsible
The case of Butterfield v. Intact Insurance Company, 2022 ONSC 4060, involves a duty to defend application against an insurer. The applicant, who has schizophrenia, suffered a psychotic episode while at a firearms store. He stabbed the store owner in the honest but deluded belief that he was defending himselfRead More
Mind Your Step
By J. Nicholas Fernandes Overview The Occupiers’ Liability Act places a positive duty on occupiers to take such care as is reasonable in the circumstances to ensure that persons entering upon their premises are reasonably safe when doing so. The duty of care in each case is fact specific and takesRead More
Appeal in LAT Proceeding Dismissed as Premature
In Grewal v. Peel Mutual Insurance Company, 2022 ONSC 4082, the Divisional Court confirmed that an appeal in a regulatory proceeding, such as a matter before the Licence Appeal Tribunal, must wait until there is a final determination of the claim. The matter in issue involved a statutory accident benefitsRead More
Fridays With Rogers Partners
At our weekly meeting, Michael Kryworuk discussed the court’s decision in Aditi v. Doe, 2022 ONSC 4049. Michael has written the following summary of the decision. History of the Litigation This case involved a dispute between a motorist and her insurer. The plaintiff, Ms. Aditi, was insured by Intact. TheRead More
Municipality Successfully Relies on Minimum Maintenance Standards in MVA claim
In Beardwood v. The City of Hamilton, 2022 ONSC 4030, the plaintiff was involved in a single vehicle motorcycle accident at an intersection in Hamilton, Ontario. The plaintiff was traveling at a low speed and encountered a bump or surface discontinuity on the roadway formed by a longitudinal asphalt lip. Read More
Court of Appeal Upholds Interpretation of Equitable Contribution
By Natalia Sheikh Overview When an insured has more than one insurance policy which each contain “other insurance” clauses, disputes sometimes arise over whether only one insurer has to respond to a loss, or whether multiple insurers have to respond. This was the situation in Northbridge General Insurance Company v.Read More
Rogers Partners Summer Party
We had a fun time playing mini golf and having great conversation at our employee summer party yesterday. What a great way to kick off the summer!Read More
Court of Appeal Upholds Coverage Denial for Intrusion Upon Seclusion
By Meryl Rodrigues In its recent decision of Demme v. Healthcare Insurance Reciprocal of Canada[1], the Court of Appeal addressed the commercial liability insurer’s duty to defend actions based on the tort of intrusion upon seclusion against an employee of the insured, ultimately affirming the insurer’s denial of coverage underRead More
Court of Appeal Removes Masking Requirement
Starting today, July 4, 2022, masks are no longer mandatory at the Ontario Court of Appeal. However, many COVID-related protective measures remain in place, which can be found in the Court’s Protocol for In-Person Hearings During the Pandemic. Those participating in an appeal should also review the Court’s Practice Direction.Read More
Concurrently Consuming and Serving: Considerations for Third Party Claims Against Commercial Hosts
By Kathryn Orydzuk In the recent decision, McHugh v. 2209664 Ontario Inc. et al, 2022 ONSC 3729, the Court considered a motion to strike a third party claim commenced by an occupier against a tavern. Facts The main action arose out of a 2018 slip and fall on an allegedlyRead More
Congratulations to Michael Kryworuk and Annie Levanaj
Congratulations to Michael Kryworuk and Annie Levanaj on recently being called to the Ontario Bar. Michael and Annie had a very successful articling term with Rogers Partners and are now officially lawyers! We’re happy that they have both returned to the firm as associates, and we wish them continued successRead More
Summary Judgment Motion Brought Too Late, with Too Little Evidence
By Jennifer Singh In our March 31, 2022 blog post[1], we discussed the decision in Atsaidis v. Sanford, 2022 ONSC 1690, wherein a consent adjournment of trial to permit the defendants to bring a summary judgment motion on a limitation period issue was denied by Justice D.A. Wilson. Justice WilsonRead More
Rogers Partners Celebrates Pride Month
June is Pride Month, where we recognize the history, courage, and diversity of the 2SLGBTQ+ community. Rogers Partners is committed to fostering an inclusive workplace. We celebrate diversity and its role in our firm’s fabric. We wish everyone a Happy Pride Month!Read More
Tom Macmillan Speaking at Cybersecurity and Privacy Conference
The Advocates’ Society’s program on Cybersecurity and Privacy for Litigators is coming up on July 5, 2022. Tom Macmillan will be on a panel discussing confidentiality issues. As indicated by The Advocates’ Society, privacy and cybersecurity issues arise in all legal practices. Civil litigators handle massive amounts of sensitive data andRead More
Government Liability: Tension Between the Legislature and the Courts
Stephen Ross, Andrew Yolles, and Natalia Sheikh have written a detailed paper called “Government Liability: Tension Between the Legislature and the Courts“. It addresses the following issues: History of Crown Liability; Jurisdiction & Framework for Statutory Causes of Action Against Government Entities; Private Law Duty of Care; Enactment of theRead More
“Dependent Relative” Under the OPCF 44R: Where Does the Plaintiff “Reside”?
By Emily Vereshchak In Chaboyer et al v. Gill et al, 2022 ONSC 3452, the Court analyzed the details of the plaintiff’s living circumstances to determine whether she could be classified as an “eligible claimant” and make a claim pursuant to an OPCF 44R Family Protection Endorsement in an insuranceRead More
Providing Summary of Party’s Statement Generally Not Required
At examinations for discovery, counsel will sometimes ask for a summary of an opposing party’s statement. Such a summary usually does not have to be provided, if the statement is protected by litigation privilege. This issue was addressed by the Divisional Court in Sangaralingam v. Sinnathurai, 2011 ONSC 1618 (Div.Read More
Stephen Ross and Anita Varjacic Presenting at OBA Trial Conference
The Ontario Bar Association’s Anatomy of a Trial conference is coming up on June 23 and 24, 2022. It will feature eight justices of the Superior Court of Justice and the Court of Appeal and 45 experienced trial advocates. The conference will cover all main steps in a personal injuryRead More
No Damages, Nominal Damages, and Costs
By Erin Crochetière The Ontario Court of Appeal heard the appeal in Pullano v. Hinder, 2022 ONCA 418 regarding an action for battery, and counter-claim in defamation. The plaintiff, Mr. Pullano, was punched in the chest by the defendant, Mr. Hinder. Mr. Hinder’ s employer was also named in theRead More
New Notice to the Profession in Central East Region
The Central East Region of the Ontario Superior Court of Justice has issued a new Notice to the Profession and Parties, which came into effect on June 1, 2022. The notice addresses issues such as the mode of hearings, uploading documents to CaseLines, scheduling motions, documents required for long motions,Read More
Michael Brown Joins Rogers Partners
We’re happy to announce that Michael Brown has joined the firm as an associate lawyer! Michael has practiced insurance defence and personal injury litigation since his call to the Bar in 2019. He is a welcome addition to our growing team!Read More
Reference to Masks, COVID-19 Not Sufficient to Dismiss Action via “anti-SLAPP” Legislation
By Athina Ionita In Dent-X Canada v. Houde, 2022 ONCA 414, the Court of Appeal considered whether a defamation action concerning an internet post about the plaintiff’s services in supplying face masks during the COVID-19 pandemic should be dismissed pursuant to Ontario’s “anti-SLAPP” legislation, s. 137.1 of the Courts ofRead More
Amanda Colarossi Joins Rogers Partners
We’re pleased to welcome Amanda Colarossi to the firm as an associate lawyer! Amanda joins us from a large insurance company where she was in-house counsel since 2019. Amanda has a wide range of experience handling tort and accident benefits claims. We’re happy to have her on board!Read More
Landlord Not Permitted to Rely on Waiver Clause in Residential Lease
The decision in Lewis v. 3414493 Canada Inc., 2022 ONSC 2769, involves a slip and fall accident in the parking lot of an apartment building. The plaintiff is a tenant of the building. The defendant landlords relied on a waiver clause in the tenancy agreement. The waiver indicated that theRead More
Fridays with Rogers Partners
At our weekly meeting, Pip Swartz discussed the recent decision of the Ontario Court of Appeal in Lin v. Weng, 2022 ONCA 367. Facts On March 15th, 2016, Qi An Weng, one of the defendants, burned down her landlord’s residence while attempting to extract resin from marijuana. Her landlord, theRead More
Rogers Partners Celebrates Asian Heritage Month
This month is Asian Heritage Month in Canada. It is a time to reflect on and recognize the many contributions that Canadians of Asian heritage have made and continue to make to Canada. As the Canadian government aptly states: Diversity represents one of Canada’s greatest strengths, and we strive toRead More
Effect of Subsequent Offers to Settle on Prior Offers
In some cases, a party will make an initial offer to settle and will then make subsequent offers. When a subsequent offer is made, previous offers are withdrawn by implication. However, in many situations, it is beneficial to leave prior offers on the table in order to potentially obtain aRead More
Court of Appeal COVID-Related Procedures
The Ontario Court of Appeal has prepared a helpful one page document on COVID-related procedures. It addresses issues such as filing court documents and the mode of proceedings.Read More
Court Denies Motion to Transfer Action to Simplified Procedure When Jury Notice Filed Prior to Amendments to Rules
The decision in Thomas v. Aviva, 2022 ONSC 1728, arose out of a motor vehicle accident in April 2016. An action was commenced under the ordinary procedure. The defendants, RBC and Aviva, delivered a statement of defence and a jury notice in September 2018. The plaintiff subsequently brought a motionRead More
Practice Management Seminar & Dinner
Our lawyers and students have an annual Practice Management Seminar where we share ideas on professional development. It was wonderful to get together yesterday for our seminar and dinner. Most importantly, it was a great chance to connect with each other. A fun time was had by all!Read More
The Court of Appeal Decides First Pandemic Coverage Claim
By Natalia Sheikh Overview In 202135 Ontario Inc. v. Northbridge General Insurance Corporation, 2022 ONCA 304, the Ontario Court of Appeal ruled in favour of the insured on an insurance coverage application related to coverage for business interruption losses as a result of the COVID-19 pandemic. This appears to beRead More
Divisional Court Dismisses Appeal on Deducting LTD Settlement from Income Replacement Benefits
The decision in Co-operators General Insurance Company v. Branden, 2022 ONSC 2473, involves a statutory accident benefits claim in which the insurer sought to deduct from income replacement benefits amounts received in a settlement of an LTD claim. The Licence Appeal Tribunal held that there were insufficient details of theRead More
Claim Arising From Slip and Fall at Courthouse Dismissed
In Martin v. AGO et al, 2022 ONSC 1923, the plaintiff, a lawyer, attended at the Hamilton courthouse and slipped on a small amount of water. It was raining on the day of the accident, and the water on the floor came from a wet umbrella of a visitor toRead More
Rogers Partners Meetup
We’ve started a new tradition at Rogers Partners. For over 25 years, our lawyers and students have gotten together on Friday mornings for a “muffin meeting”, where we discuss legal developments. Now, each month, we’re going to have one of our meetings on Thursday afternoon and then get together forRead More
Ahluwalia v. Ahluwalia: Ontario’s Latest Ground-breaking Decision
By Nicholas Fernandes Overview: In an unexpected and precedent setting decision, an Ontario Superior Court judge established a new tort. In the recent case of Ahluwalia v. Ahluwalia, 2022 ONSC 1303, Justice Renu Mandhane ordered a man to pay his former spouse $150,000 in damages for the physical and psychological abuse sheRead More
Plaintiff Awarded $125,000 for Internet Defamation
The decision in Cyr v. LeBlanc, 2022 ONSC 2555, shows that damages in defamation actions can be quite high. The defendant published statements about the plaintiff on several websites. Many of the statements labeled the plaintiff as being racist. The plaintiff contacted the defendant by Instagram, requesting the postings beRead More
Eid Mubarak
Eid al-Fitr (“Festival of Breaking Fast”) marks the end of Ramadan, the Muslim holy month of fasting. It is celebrated during the first three days of Shawwal, the 10th month of the Islamic calendar. It is an occasion for special prayers, family and friends visiting, gift-giving and charity. In Canada,Read More
Fridays with Rogers Partners
This week, our weekly firm meeting was held on Thursday afternoon! Michael Kryworuk discussed the recent decision of the Court of Appeal in 1152729 BC Ltd v. Chicago Title Insurance Company Canada, 2022 ONCA 321. History of the Litigation: This appeal arises from a coverage dispute between the appellant insurerRead More
Late Service of Expert Reports Now Being More Closely Scrutinized
In Agaj v. Munroe, 2022 ONSC 2508, the plaintiff proceeded to trial in a motor vehicle accident case without having expert reports addressing the plaintiff’s claim for income loss and medical and housekeeping needs. After the jury was selected, the plaintiff’s lawyer advised the court that he had spoken toRead More
Rule 59.06 and Re-Opening Hearings
By Meryl Rodrigues Finality in proceedings is generally promoted by the courts. In Tsaoussis (Litigation Guardian of) v. Baetz, the Ontario Court of Appeal stated: Finality is an important feature of our justice system, both to the parties involved in any specific litigation and on an institutional level to theRead More
New Notice to the Profession for Northwest Region
There is a new Notice of the Profession for the Ontario Superior Court of Justice’s Northwest Region. The Northwest Region is comprised of Thunder Bay, Kenora, and Fort Frances. For civil matters, the presumptive mode of proceedings in the Northwest Region is the same as the Provincial Notice to theRead More
New Notice to the Profession for Northeast Region
The Ontario Superior of Justice’s Northeast Region has issued a new Notice To The Profession, The Parties, And The Public. The Northeast Region is comprised of Cochrane, Gore Bay, Haileybury, North Bay, Parry Sound, Sault Ste. Marie, Sudbury, and Timmins. In terms of the mode of proceedings, one notable changeRead More
Fridays with Rogers Partners
At our weekly meeting, Annie Levanaj discussed the recent decision of the Ontario Superior Court in Musa v. Carleton Condominium Corporation No. 255 et al., 2022 ONSC 1030. Overview This case involved slip and fall accident that occurred on the morning of December 5, 2016 at 9:30 am. The plaintiff,Read More
New Notice to the Public and Profession for Central South Region
The Ontario Superior Court of Justice’s Central South Region has issued a Notice to the Pubic and Profession, which came into effect on April 19, 2022. The notice addresses issues such as: the presumptive mode of proceedings the use of CaseLinesscheduling motions and applicationsthe materials for use on motions, includingRead More
Plaintiff Ordered to Pay Costs of Obtaining Documents in Fulfillment of Undertakings
In Endale v. Parker, 2022 ONSC 2008, the plaintiff, on an examination for discovery, undertook to provide medical records, but a dispute arose over who was required to pay for the records. Rule 30.02(1) of the Rules of Civil Procedure provides: “[e]very document relevant to any matter in issue inRead More
New Provincial Notice from Superior Court of Justice
The Ontario Superior Court of Justice has issued a Notice to the Profession, Parties, Public and the Media. This notice consolidates and supersedes all previous provincial notices. The regional notices still need to be consulted for region-specific practices and protocols. The new provincial notice addresses issues such as: GowningStandard documentRead More
Costs at the LAT – Unlikely to Act as a Deterrent to Future Conduct
By Alon Barda One of the more controversial changes when the adjudication of SABS disputes was transferred from FSCO to the LAT is the ability of the Tribunal to award costs. At FSCO, the arbitrator could award “all or part of such expenses incurred in respect of an arbitration proceedingRead More
Think Before You Sign – A Recent Decision on the Implications of Signing a Waiver
By Alon Barda The issue of waivers has been prevalent in many cases recently and was, yet again, in the recent summary judgment decision of French v. Augusta Motorsports Park, 2021 ONSC 8385. Overview In July 2015, the main plaintiff was riding his four wheel-wheel drive vehicle up a sandRead More
New Notice to the Profession for Central West Region
The Central West Region has issued a Notice to the Profession and Parties, which will be effect on April 19, 2022. One notable difference from the recent guidelines issued by the Ontario Superior Court of Justice on the mode of proceedings is that long motions in the Central West RegionRead More
Fridays with Rogers Partners
At our weekly meeting, Pip Swartz discussed the recent decision of the Ontario Court of Appeal in Stamatopoulos v. Harris, 2022 ONCA 179. Facts Stamatopoulos v. Harris is a case about municipal negligence. In 2004, a motor vehicle drove over a road depression, spun, and collided with a pole. TheRead More
From the Desk of Kathryn Orydzuk
By Kathryn Orydzuk With International Women’s Day falling last month, I took some time to reflect on my experience as a young woman in the legal profession and the particular challenges and opportunities that I have encountered in my almost three years of practice. This reflection is not meant toRead More
Order for Security for Costs Granted Against Michigan Plaintiff
By Jennifer Singh In Chahal v. Abdullah et al, 2022 ONSC 1727 [1], the defendant, Peter Cunnington, brought a motion for an order staying or dismissing the plaintiff’s action against him pursuant to r.56.02 of the Rules of Civil Procedure, or alternatively an order pursuant to r.56.01 requiring the plaintiffRead More
Court of Appeal Rejects Late Notice Defence
By Annie Levanaj, Student-at-Law The Ontario Court of Appeal, in Graham v. Toronto (City), 2022 ONCA 149, recently considered whether a claim against a municipality was barred due to the plaintiffs’ failure to comply with the 10 day notice requirement. The issues involved in the appeal are relevant not only to claimsRead More
Rogers Partners Spring 2022 Newsletter
We’re pleased to present our Spring 2022 Newsletter. We hope you find the following topics to be of interest: Think Before You Sign – A Recent Decision on the Implications of Signing a Waiver; Rogers Partners Insurance Coverage Checklist; Court of Appeal Rejects Late Notice Defence; Amendments to Rules onRead More
Taylor v. Mayes: A Case Study in Highway Winter Maintenance Actions