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  • Article

    The Basics Of Court Approval Of Settlements

    Any settlement of a claim by or against a person under a disability, which includes a minor, requires court approval pursuant to rule 7.08 of the Rules of Civil Procedure.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Trampoline Injury: Defendant's Motion To Enforce Waiver Dismissed

    In Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380, the plaintiff went to an indoor trampoline and fun park, Sky Zone, in Mississauga, Ontario.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Discovery Rights At Small Claims Court

    Discovery can sometimes make or break a case. There has been discussion of increasing the monetary limit of the Ontario Small Claims Court from $25,000 to $50,000.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Winds Of Change Blowing For The Insurance Industry

    There are few news stories that arouse the imaginations of the Ontario electorate as insurance reform.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    City Not To Blame For Snow Slide Accident

    Recreational activities usually pose some risks. Injuries can happen, but that does not necessarily mean someone is legally to blame.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Mould In Condo Unit: Who's Responsible?

    Condominium corporations have a duty to maintain and repair the common elements.
    CanadaReal Estate and Construction
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The End Of Civil Jury Trials? Jury Notice Struck Due To COVID-19

    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.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    In-Person Assessments In The Time Of COVID-19

    At this point, over a year later, it is trite to say that the COVID-19 pandemic has given rise to various changes (and challenges) in the civil legal landscape.
    CanadaCoronavirus (COVID-19)
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Charter Breaches Against G20 Protester Lead To $500 In Damages

    In a recent decision of the Ontario Court of Appeal, one of the issues was the quantum of damages available to a plaintiff when there is a breach of the Canadian Charter of Rights and Freedoms.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Vexatious Litigation Is Not A Protected Form Of Expression

    In London District Catholic School Board v. Michail, 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") ...
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Summary Judgment Granted In Hotly Contested Construction Dispute

    AWD brought a motion for summary judgment which was granted and Varcon was ordered to pay the balance of the contract price into court.
    CanadaReal Estate and Construction
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Surprising Special Award Against Insurer

    A recent decision of the Licence Appeal Tribunal ("LAT") indicates that an insurer cannot simply rely on the opinion of an assessor when determining a claimant's needs.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Legal And Factual Causation In Medical Negligence Cases

    The plaintiff, Armineh Hacopian-Armen, died on August 24, 2011, as a result of Stage IV uterine leiomyosarcoma ("uLMS"). The respondents, members of her family, brought this action against the appellant...
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Liability For Oil Spills

    In July 2017, Justice Charney released a comprehensive decision following a lengthy trial in Gendron v. Thompson Fuels, 2017 ONSC 4009.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    COVID-19 And Contracts: Remedies For Non-Performance Of Contractual Obligations

    Generally speaking, however, the events surrounding COVID-19 will likely satisfy the common law doctrine of frustration in many situations.
    CanadaCoronavirus (COVID-19)
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Security For Trial Judgment Ordered For First Time In Ontario

    Can a court order an appellant to post security for a trial judgment prior to the appellant being permitted to continue with an appeal?
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    "Wait And See": Court Says Jury Notices Should Not Be Prematurely Struck

    I wrote an article about two months ago entitled "The End of Civil Jury Trials? Jury Notice Struck Due to COVID-19."
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    What Happens In Italy, Stays In…? New Appellate Decision Interpreting Van Breda

    In the recent decision of Sinclair v. Amex Canada Inc. , the Ontario Court of Appeal reaffirmed the principles in the oft-cited jurisdictional decision of Van Breda...
    CanadaCorporate/Commercial Law
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Assault In Parking Garage: Inadequate Security Measures Did Not Cause Plaintiff's Loss

    Courts have been hesitant to find a defendant liable for damages caused by the intentional tort of a third party.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Hypothetical Questions On Discovery

    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.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP

Showing 101–120 of 223 results

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