ArticleKey Highlights Of Changes To The Simplified ProcedurePreviously, the registrar served the notice of pre-trial conference at least 45 days before the scheduled date. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleSubway's "50% Chicken" Lawsuit Against CBC DismissedCBC argued that the lawsuit amounted to a Strategic Litigation Against Public Participation ("SLAPP") suit.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleThe Third Time Is A Charm; Or Is It?The very recent decision in Lloyd v. Bush, 2020 ONSC 842, released on February 6, 2020, demonstrates some of the frailties in our legal system.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleWhat The HIC?: Preventing And Responding To Privacy Breaches In Health Care OrganizationsI recently attended an interesting and informative program put together by Osgoode Hall Law School titledCanadaPrivacyRogers Partners LLP
ArticleHead Of Canada's Insurance And Banking Regulator Floats Backstop Fund To Mitigate Effects Of Future Catastrophic Weather EventsIn February 2024, Peter Routledge, head of the Office of the Superintendent of Financial Institutions (OSFI), spoke at the 2024 CatIQ Canadian Catastrophe Conference.CanadaInsuranceRogers Partners LLP
ArticleAutomated Vehicles And The Future Of Automobile Insurance İn OntarioThe other felt automated vehicles would never fully catch on as most humans enjoy driving and being in control of their own vehicle.CanadaInsuranceRogers Partners LLP
ArticleDistracted Winter DrivingOn appeal, the plaintiff argued that liability should have been found on the municipality.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleGroia v. LSUC: The Mistake Of Law Defence To IncivilityThe Supreme Court of Canada recently released its decision in Groia v. Law Society of Upper Canada, 2018 SCC 27. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleElectronic Messages Between Spouses Have An "Extremely High" Expectation Of PrivacyThe plaintiff commenced an action pursuant to the Family Law Act arising from the death of his alleged spouse, who was killed in a motor vehicle accident. CanadaFamily and MatrimonialRogers Partners LLP
ArticleLate Night Fight: Protecting Bar PatronsThe defendant, Aaron Lewis, pushed the plaintiff. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleLAT Has Jurisdiction To Extend SABS Limitation PeriodPrior to this decision, the LAT was divided on whether it had jurisdiction to extend the limitation period. CanadaInsuranceRogers Partners LLP
ArticleDual Retainers In Priority Disputes And First Party ClaimsWhen compelling an applicant to attend an EUO, the insurer, among other things, must provide the applicant with notice. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticlePumping The Brakes On Summary JudgmentA recent decision of the Ontario Court of Appeal may cause counsel and litigants to think twice before proceeding with a summary judgment motion.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleThe Minor Injury Guideline - A Troubling Decision RescindedIn Abyan v. Sovereign General Insurance Company (FSCO A16-003657, September 14, 2017), Arbitrator Dory found two provisions of the Statutory Accident Benefits Schedule to be unconstitutional ...CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleReasonable Evidence Must Be Met Before A Jury Quantifies Special DamagesBarry v. Anantharajah, 2024 ONSC 740, arose out of a motor vehicle accident where the plaintiff was hit by a motor vehicle while crossing a crosswalk.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleTaking Away The Plaintiff's Right To SueWhen the evidence in a personal injury action suggests that one or more of the parties may have been working when the accident occurred, insurers and defence counsel should ask themselves, is the action ripe for a Right to Sue Application?CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleCrown Denied Transfer Of COVID Vaccine Charter Action To Be Heard With Similar Charter ApplicationIn 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 seeking to invalidate mandatory COVID-19 vaccination laws ...CanadaGovernment, Public SectorRogers Partners LLP
ArticleIs There A Duty To Warn Of Obvious Dangers?There are dangers in everyday life, but people do not need to be warned of all dangers. For instance, people do not need to be warned that jaywalking in rush hour traffic is dangerous.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleDisclosure In An Adjudicative Proceeding Cannot Ground A Claim For Intrusion Upon SeclusionIn the recent decision in Wakeling v. Desjardins General Insurance Group Inc., 2021 ONCA 672, the Court of Appeal considered, among other things, whether the dissemination of information about an employee to an employer ...CanadaPrivacyRogers Partners LLP
ArticleHouse Construction: The Duties Of Contractors And Municipal Building InspectorsAfter moving into a newly renovated or constructed home, the last thing people want is to have deal with the hassles and headaches of problems with their home. CanadaReal Estate and ConstructionRogers Partners LLP