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  • Article

    Limitation Period For Claims For Contribution And Indemnity – The Ever Unsettled State Of The Law

    Ultimately, Master Jolley held that section 18 creates a rebuttable presumptive two year limitation for claims for contribution and indemnity, which is subject to the principle of discoverability.
    CanadaLitigation, Mediation & Arbitration
    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

    COVID-19: The Ultimate Business Interrupter – Can Businesses Claim Coverage For COVID-19 Related Business Losses Under An All-Risks Property Insurance Policy?

    The COVID-19 pandemic has led to the shutdown of a large portion of the global economy.
    CanadaCoronavirus (COVID-19)
    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 Interpretation Of Standard Form Insurance Policies: $56 Million Award Overturned

    The recent Court of Appeal decision in MDS Inc. v Factory Mutual Insurance Company discusses the interpretation of standard form insurance contracts and coverage in all-risk policies.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Broad Findings Of Systemic Negligence And Institutional Abuse In Cavanaugh et al. v. Grenville Christian College

    Justice Leiper also found that it would be appropriate to award punitive damages against the school as a result of this conduct.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Two Recent Decisions On Motions To Strike Jury Notices During COVID-19

    In December 2020, Justice Nicholson, of the Ontario Superior Court of Justice ("ONSC"), released two decisions
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Canada Gets Serious About Digital Privacy

    In today's digital society, we give our personal information to organizations all of the time, sometimes unknowingly.
    CanadaPrivacy
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Clarity At Last – Section 7 Of The LAT Act And The Extension Of Limitations Periods At The LAT

    There has been much confusion regarding the applicability of s.7 of the Licence Appeal Tribunal Act (the "LAT Act") in recent years.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Driver's Deception Ends In Denied Coverage

    The decision in Wong v. Aviva Insurance Company of Canada, 2024 ONSC 1111, addresses an unusual scenario involving a denial of insurance coverage after the insureds lied about who was driving the defendant vehicle.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Extra-Provincial Application Of Ontario's Priority Scheme

    The Ontario Court of Appeal has recently released Travelers Insurance Company of Canada v. CAA Insurance Company, 2020 ONCA 382 , which addresses the extra-provincial application ...
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    New High-Water Mark For Loss Of Care, Guidance & Companionship Damages

    In the recently released decision by the Court of Appeal in Moore v. 7595611 Canada Corp., 2021 ONCA 459, the Court upheld a jury award for damages for loss of care, guidance and companionship awarded to the parents of an adult child killed in a fire.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Discoverability Of Medical Malpractice Claims

    In the context of a medical malpractice case, when is a claim discoverable by a plaintiff, so as to begin the running of the limitation period?
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Subrogating In The Name Of Bankrupt Insureds

    This time last year, a rare five-member panel of the Ontario Court of Appeal rendered a decision in Douglas v. Stan Fergusson Fuels Ltd. The decision involved the intersection of subrogation and bankruptcy law.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The Extension Of Limitation Periods At The Licence Appeal Tribunal

    In A.F. v. North Blenheim Mutual Insurance Company, the Executive Chair of the Licence Appeal Tribunal reconsidered two decisions where the Tribunal applied the two year limitation under s.56 of the SABS and dismissed the claims as statute barred.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Transparency At The Licence Appeal Tribunal

    In Mary Shuttleworth v. Licence Appeal Tribunal[1], a three judge panel of the Divisional Court scrutinized the internal review process for decisions of the Licence Appeal Tribunal (LAT).
    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
  • Article

    S.M. V. Unica Insurance Inc. – A Welcomed Clarification On Special Awards

    Earlier this year, I wrote an article entitled "Surprising Special Award Against Insurer" based on the case of Malitskiy v. Unica Insurance.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    2019 Legal Highlights

    Yes, of course, it's the season of festive gatherings, gift-giving and all the feelings espoused in the holiday music playing overhead...
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Causation In SABS Claims: The Proper Test

    The appropriate test for causation in statutory accident benefits ("SABs") matters has been the subject of much confusion in recent years.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP

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