ArticleThe Basics Of Court Approval Of SettlementsAny 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 & ArbitrationRogers Partners LLP
ArticleTrampoline Injury: Defendant's Motion To Enforce Waiver DismissedIn 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 & ArbitrationRogers Partners LLP
ArticleDiscovery Rights At Small Claims CourtDiscovery 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 & ArbitrationRogers Partners LLP
ArticleWinds Of Change Blowing For The Insurance IndustryThere are few news stories that arouse the imaginations of the Ontario electorate as insurance reform. CanadaInsuranceRogers Partners LLP
ArticleCity Not To Blame For Snow Slide AccidentRecreational activities usually pose some risks. Injuries can happen, but that does not necessarily mean someone is legally to blame.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleMould In Condo Unit: Who's Responsible?Condominium corporations have a duty to maintain and repair the common elements. CanadaReal Estate and ConstructionRogers Partners LLP
ArticleThe End Of Civil Jury Trials? Jury Notice Struck Due To COVID-19The 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 & ArbitrationRogers Partners LLP
ArticleIn-Person Assessments In The Time Of COVID-19At 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
ArticleCharter Breaches Against G20 Protester Lead To $500 In DamagesIn 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 & ArbitrationRogers Partners LLP
ArticleVexatious Litigation Is Not A Protected Form Of ExpressionIn 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 & ArbitrationRogers Partners LLP
ArticleSummary Judgment Granted In Hotly Contested Construction DisputeAWD 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 ConstructionRogers Partners LLP
ArticleSurprising Special Award Against InsurerA 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.CanadaInsuranceRogers Partners LLP
ArticleLegal And Factual Causation In Medical Negligence CasesThe 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 & ArbitrationRogers Partners LLP
ArticleLiability For Oil SpillsIn July 2017, Justice Charney released a comprehensive decision following a lengthy trial in Gendron v. Thompson Fuels, 2017 ONSC 4009. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleCOVID-19 And Contracts: Remedies For Non-Performance Of Contractual ObligationsGenerally 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
ArticleSecurity For Trial Judgment Ordered For First Time In OntarioCan 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 & ArbitrationRogers Partners LLP
Article"Wait And See": Court Says Jury Notices Should Not Be Prematurely StruckI wrote an article about two months ago entitled "The End of Civil Jury Trials? Jury Notice Struck Due to COVID-19."CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleWhat Happens In Italy, Stays In…? New Appellate Decision Interpreting Van BredaIn 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 LawRogers Partners LLP
ArticleAssault In Parking Garage: Inadequate Security Measures Did Not Cause Plaintiff's LossCourts have been hesitant to find a defendant liable for damages caused by the intentional tort of a third party. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleHypothetical Questions On DiscoveryWhen 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 & ArbitrationRogers Partners LLP