ArticleJuror's Improper Internet SearchWe will never fully know the answer to this.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleWhat Is The Collateral Fact Rule?The rule is based in trial efficiency and seeks to avoid confusing the jury and wasting time with the sub-litigation of non-essential issues.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleA Caution On Choice And Timing Of Defence Medical ExpertsThe recent Superior Court motion decision in Mitsis v. Holy Trinity Greek Orthodox Community of London speaks to the importance of defence counsel properly considering strategy...CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleAn Expanded Approach To Vicarious Liability Under The Highway Traffic ActThe Court of Appeal for Ontario recently expanded the applicability of the vicarious liability provision outlined in s. 192(2) of the Highway Traffic Act in Desrochers v. McGinnis, 2024 ONCA 63.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleAvoiding Costly Cancellations Of Defence Medical ExaminationsThe decision of Master Graham in Jajjo and Danno v. Singh, 2021 ONSC 4269, addressed the conduct of defence medical examinations and the expectation of experts experts that plaintiffs...CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleThe MIG Is Unconstitutional? A Surprising FSCO DecisionIn Abyan v. Sovereign General Insurance Company (FSCO A16-003657, September 14, 2017) Arbitrator Benjamin Drory has released a surprising and unexpected decision finding that section 3...CanadaGovernment, Public SectorRogers Partners LLP
ArticleBad Faith And Statutory Accident BenefitsIn Stegenga v. Economical Mutual Insurance Company, the plaintiff brought a court action seeking damages related to the administration of her accident benefits claim based on alleged bad faith, negligence and fraud ...CanadaInsuranceRogers Partners LLP
ArticleLawyers' Professional DutiesAt the same time, lawyers are not required to present a disinterested account of the law. CanadaLaw Department PerformanceRogers Partners LLP
ArticleBreaches Of Privacy In The Health Care SystemThe Ontario Information and Privacy Commissioner will soon have a lot more data on actual or potential privacy breaches, thanks to a new regulation which affects health care providers.CanadaPrivacyRogers Partners LLP
ArticleDenial Of Extension Of A Class Action Opt-Out Deadline Is A Final OrderIn Johnson v. Ontario, 2021 ONCA 650, the Court of Appeal determined that a decision refusing to extend the deadline for opting out of a class action affects a substantive right, ...CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleEvidence Of Delay Is Required On Motions To Strike Jury NoticesMotions to strike Jury Notices due to the alleged delay associated with Jury trials during the pandemic have become common place.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleVirtual Commissioning In The Era Of COVID-19The spread of COVID-19 is affecting people in many ways. CanadaFood, Drugs, Healthcare, Life SciencesRogers Partners LLP
ArticleLoss Transfer And The Effect Of Side AgreementsThis is a well-reasoned decision with a unique fact scenario. CanadaInsuranceRogers Partners LLP
ArticleCounsel's Role In Preventing Humiliated ExpertsExpert witnesses, especially those with little experience testifying in court, do not always appreciate their duties.CanadaStrategyRogers Partners LLP
ArticleStriking Jury Notices During COVID Depends On Local ConditionsThe Ontario Court of Appeal recently released a decision which shows that striking a jury notice in the context of the COVID-19 pandemic is location-specific and case-specific.CanadaCoronavirus (COVID-19)Rogers Partners LLP
ArticleThe Court Of Appeal Of Ontario Affirms The Exclusive Jurisdiction Of The License Appeal Tribunal Over Statutory Accident Benefits DisputesThe Court of Appeal in Yang v. Co-operators General Insurance Company, 2022 ONCA 178, confirmed the exclusive jurisdiction of the License Appeal Tribunal over disputes concerning Statutory Accident Benefits.CanadaInsuranceRogers Partners LLP
ArticleInterpreting Exclusion Clauses In Insurance PoliciesContractual interpretation serves to outline the principles of these policies, in consideration of any given factual matrix. CanadaInsuranceRogers Partners LLP
ArticleFour Issues From Recent Jury TrialIn Cheeseman et al v. Credit Valley Hospital et al, 2019 ONSC 4996, the court examined four issues in relation to a jury trial.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleThe Nature OAf The Force Matters: A Priority Dispute And The Transmission Of ForceThe conceptual interplay of physics and law was on display in the recent appeal case of Unifund Assurance Company v. ACE INA Insurance Company (2017 ONSC 3677).CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleWhen Is Negligence "Gross": A Commentary On Costerus V. Kitchener (City)In the recent trial decision of Costerus v. Kitchener (City), 2017 ONSC 6030, the City of Kitchener was held to be grossly negligent for failing to clear its sidewalks of ice, upon which the plaintiff slipped and injured herself. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP