ArticleLimitation Period For Duty To Defend ApplicationsGuarantee and Co-operators appealed the application judge's decision.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleNoisy Neighbour? You May Not Be Entitled To A Legal RemedyIn Kikites v. York Condominium Corporation No. 382, 2022 ONSC 4606, a condominium unit owner (the Applicant) complains of noises coming from the upstairs unit.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleThe Relevancy Of Social Media – Who Should Decide?In Smith, the onus was on the defendant to establish that the plaintiff's social media accounts had relevant information. CanadaMedia, Telecoms, IT, EntertainmentRogers Partners LLP
ArticleWho Is The Ontario Patient Ombudsman?The Patient Ombudsman has no jurisdiction in matters involving a regulated healthcare professional, private retirement home or where the complaint is the subject of court or other proceedings.CanadaFood, Drugs, Healthcare, Life SciencesRogers Partners LLP
ArticleNo Underinsured Coverage For Ontario Truck DriverIn Kahlon v. ACE INA Insurance, 2019 ONCA 774, the Ontario Court of Appeal held that a commercial truck driver was not entitled to underinsured coverage from either his personal automobile insurer or a fleet insurer.CanadaInsuranceRogers Partners LLP
ArticleSuperior Court Interprets Meaning Of "Unnamed Insured" In CGL PolicyIn Moore Equipment Ltd. v. Temple Insurance Company, 2021 ONSC 3622, the Court examined an endorsement in a comprehensive general liability insurance policy to determine whether the ...CanadaInsuranceRogers Partners LLP
ArticleThe Rule In Browne And DunnEvery litigator needs to be familiar with the rule in Browne and Dunn. In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 4046, the court went over the principles of this rule.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleHuman Rights: Investigating DiscriminationCan a service provider, such as the City of Toronto, be found in breach of the Human Rights Code R.S.O. 1990, c. H.19 where one customer makes racial slurs to another customer....CanadaGovernment, Public SectorRogers Partners LLP
ArticleFrom Augustin To The LAT: The Need To Provide Proper Notice In The Denial Of Medical/Rehabilitation BenefitsA recent reconsideration decision from the Licence Appeal Tribunal in M.F.Z. v Aviva Insurance Canada has followed a FSCO decision and once again highlighted the importance of providing...CanadaInsuranceRogers Partners LLP
ArticleSubsequent Discovery Of Severity Of Injuries And Limitation Periods: Baig v. MississaugaIn Baig v. Mississauga, 2020 ONCA 697, the Court of Appeal recently upheld a summary judgment finding that a man who fell off his bicycle and injured himself in 2013 was barred from suing...CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleDisclosure Of Accident Benefits Settlements In Tort Jury TrialsWhat follows is a brief summary of the decision in Farrugia v. Ahmadi, 2019 ONSC 4261, and the issues addressed. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleWhen Can Police Officers Be Negligent For Laying Charges?The plaintiff, Philip Cornish, a criminal defence lawyer, commenced a claim against the OPP and two of its Officers for negligent investigation.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleThe Risks Of Social Hosting: Wardak v. FroomEarlier this year, the Ontario Superior Court of Justice reconsidered social host liability issues in the context of a terrible car accident which left a young man a brain-injured quadriplegic.CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleFederal Privacy Commissioner Calls For Updated Federal Privacy Laws Amidst Inconsistent Provincial And Territorial Privacy Protection FrameworksLast week, on December 9, 2021, the Privacy Commissioner of Canada, Daniel Therrien, published his final annual report wherein he called upon the federal government to "bring Canada into the modern era...CanadaPrivacyRogers Partners LLP
ArticleAdditional Insureds: What Does "Arising Out Of The Operations" Mean?Many contracts call for one company to add another company as an additional insured on a policy of insurance. CanadaInsuranceRogers Partners LLP
ArticleTea Time Gone Wrong: Spilled Tea In Car Not An Automobile AccidentThe applicant claimed to have been involved in an automobile accident in March 2017. CanadaInsuranceRogers Partners LLP
ArticleEntitlement To Medical Cannabis In An Accident Benefits Context: P.A. V. TD General Insurance CompanyA recent decision of the Licence Appeal Tribunal ("LAT"), P.A. v. TD General Insurance Company, 2020 ONLAT 19-001349/AABS, considered an applicant's entitlement to medical cannabis...CanadaCannabis & HempRogers Partners LLP
ArticleLiability Admissions In Sexual Abuse ClaimsPunitive damage awards are commonplace in sexual abuse claims. CanadaLitigation, Mediation & ArbitrationRogers Partners LLP
ArticleNew Data Breach RegulationsThe Federal Government has set November 1, 2018 as the date on which certain sections of the Digital Privacy Act will come into effect. CanadaPrivacyRogers Partners LLP
ArticleScope Of Documentary Production In Loss Transfer Disputes: Reasonableness, Probative Value And Costs Of ProductionIn the recent decision of Unifund Insurance Company v. Chartis Insurance Company of Canada (January 14, 2021), Arbitrator Bialkowski granted a wide breadth of ...CanadaLitigation, Mediation & ArbitrationRogers Partners LLP