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  • Article

    Ex Turpi Causa And An Insurer's Anti-Fraud Initiative

    Courts can bar recovery in tort based on a plaintiff's immoral or illegal conduct only in very limited circumstances.
    CanadaCriminal Law
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    UK Test Case On Business Interruption Coverage

    The 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
    Rogers Partners LLP
  • Article

    Treating Healthcare Practitioners: Off Limits To Defence Counsel

    In Roy, the plaintiff was seriously injured in a motorcycle accident in 2004.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Endean v. St. Joseph's Hospital (ONCA): A Contextual Approach To Partial Settlement Agreements

    One 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The Rights Of Action Of An Unborn Child

    It 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    When 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.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Vacuum Return Gone Wrong: The Duty Of An Occupier

    On 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 Construction
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Further Insight Into Deductibility Of Collateral Benefits

    In 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 HR
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The Blameless Elevator Accident

    Elevator 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The Latest Case On Social Host Liability

    In 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    LAT Tales: Section 55 And Consumer Instruction Legislation

    The License Appeal Tribunal released a reconsideration decision in Iravani-Fard v. Economical Insurance, 2022 CanLII 109480.
    CanadaConsumer Protection
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Case Closed: An Umpire Has The Final Word On The Valuation Of A Claim

    In 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.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Court Of Appeal Upholds Coverage Denial For Intrusion Upon Seclusion

    In 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Supreme Court's Clarification Of The Availability Of Damages In Tort For Pure Economic Loss

    Notably, the plaintiff class did not claim that the defendants' negligence had caused actual damage to their persons or property.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Partial 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Life Insurance And Mental Health

    It comes as no surprise to the public that individuals with certain terminal conditions are denied life insurance altogether.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Standard Of Care And Causation In Medical Malpractice Class Actions

    In 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Volatile Class Representative Removed

    In order to bring a class action before the courts, class counsel must find a representative plaintiff.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The Scope Of Re-Examination On Discovery

    The Rules stipulate that the re-examination shall take place immediately after the examination.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Limitation Period And Discoverability In Unidentified Motorist Claims

    The 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...
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP

Showing 141–160 of 223 results

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