ArticleEx Turpi Causa And An Insurer's Anti-Fraud InitiativeCourts can bar recovery in tort based on a plaintiff's immoral or illegal conduct only in very limited circumstances.CanadaCriminal LawRogers Partners LLP
ArticleUK Test Case On Business Interruption CoverageThe volume of claims being made by companies worldwide for business interruption coverage in the wake of Covid-19 shutdowns has been unprecedented. United KingdomCoronavirus (COVID-19)Rogers Partners LLP
ArticleTreating Healthcare Practitioners: Off Limits To Defence CounselIn Roy, the plaintiff was seriously injured in a motorcycle accident in 2004.CanadaFood, Drugs, Healthcare, Life SciencesRogers Partners LLP
ArticleEndean v. St. Joseph's Hospital (ONCA): A Contextual Approach To Partial Settlement AgreementsOne of these noted essential provisions is that the plaintiffs continue their action, but limit their claim to the non-settling defendants several liability.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleThe Rights Of Action Of An Unborn ChildIt is settled law that a child can sue for injuries as a result of negligence committed while in the womb by third-party tortfeasors, once born alive. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleWhen Can An Insurance Policy Breach Be Forgiven?Strict compliance with an insurance policy is not necessarily required for an insured to recover under the policy.CanadaInsuranceRogers Partners LLP
ArticleVacuum Return Gone Wrong: The Duty Of An OccupierOn March 27, 2018, the Ontario Court of Appeal released a decision in the case of Tondat v. Hudson's Bay Company, 2018 ONCA 302. CanadaReal Estate and ConstructionRogers Partners LLP
ArticleFurther Insight Into Deductibility Of Collateral BenefitsIn a recent case before the Ontario Superior Court of Justice, the Court was once again faced with a question surrounding the deductibility of collateral benefits in the motor vehicle accident context.CanadaEmployment and HRRogers Partners LLP
ArticleThe Blameless Elevator AccidentElevator accidents in Ontario are fortunately rare. When such accidents do occur, finger-pointing often ensues. However, as a recent court decision shows, sometimes no one is to blame.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleThe Latest Case On Social Host LiabilityIn Childs v. Desormeaux, 2006 SCC 18, the leading case on social host liability, the Supreme Court of Canada found that no duty of care existed where an intoxicated guest left a party, got in their car, ...CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleLAT Tales: Section 55 And Consumer Instruction LegislationThe License Appeal Tribunal released a reconsideration decision in Iravani-Fard v. Economical Insurance, 2022 CanLII 109480. CanadaConsumer ProtectionRogers Partners LLP
ArticleCase Closed: An Umpire Has The Final Word On The Valuation Of A ClaimIn Truscott v. Co-Operators General Insurance, 2022 ONSC 829, the Court considered the finality of an umpire's decision following an appraisal pursuant to section 128 of the Insurance Act, and its impact on subsequent claims flowing from the same loss. CanadaInsuranceRogers Partners LLP
ArticleCourt Of Appeal Upholds Coverage Denial For Intrusion Upon SeclusionIn its recent decision of Demme v. Healthcare Insurance Reciprocal of Canada, the Court of Appeal addressed the commercial liability insurer's duty to defend actions based on the tort of intrusion...CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleSupreme Court's Clarification Of The Availability Of Damages In Tort For Pure Economic LossNotably, the plaintiff class did not claim that the defendants' negligence had caused actual damage to their persons or property. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticlePartial Summary Judgment – An Option No More?Over five years after its release, it seems almost trite to say that the Supreme Court's decision in Hryniak v. Mauldin was intended to facilitate efficiencies and cost-effectiveness in the adjudication of civil matters ...CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleLife Insurance And Mental HealthIt comes as no surprise to the public that individuals with certain terminal conditions are denied life insurance altogether.CanadaInsuranceRogers Partners LLP
ArticleStandard Of Care And Causation In Medical Malpractice Class ActionsIn Levac v. James,1 the Court of Appeal for Ontario considered an appeal regarding the standard of care and causation in a class action alleging breach of applicable Infection Prevention and Control...CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleVolatile Class Representative RemovedIn order to bring a class action before the courts, class counsel must find a representative plaintiff. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleThe Scope Of Re-Examination On DiscoveryThe Rules stipulate that the re-examination shall take place immediately after the examination.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleLimitation Period And Discoverability In Unidentified Motorist ClaimsThe Ontario Court of Appeal's decision in Rooplal v. Foder, 2021 ONCA 357 addresses the time period that applies in unidentified motorist claims pursuant to s. 265 of the Insurance Act...CanadaInsuranceRogers Partners LLP