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  • Article

    Limitation Period For Duty To Defend Applications

    Guarantee and Co-operators appealed the application judge's decision.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Noisy Neighbour? You May Not Be Entitled To A Legal Remedy

    In 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The 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, Entertainment
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Who 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 Sciences
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    No Underinsured Coverage For Ontario Truck Driver

    In 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.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Superior Court Interprets Meaning Of "Unnamed Insured" In CGL Policy

    In 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 ...
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The Rule In Browne And Dunn

    Every 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Human Rights: Investigating Discrimination

    Can 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 Sector
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    From Augustin To The LAT: The Need To Provide Proper Notice In The Denial Of Medical/Rehabilitation Benefits

    A 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...
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Subsequent Discovery Of Severity Of Injuries And Limitation Periods: Baig v. Mississauga

    In 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Disclosure Of Accident Benefits Settlements In Tort Jury Trials

    What follows is a brief summary of the decision in Farrugia v. Ahmadi, 2019 ONSC 4261, and the issues addressed.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    When 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The Risks Of Social Hosting: Wardak v. Froom

    Earlier 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Federal Privacy Commissioner Calls For Updated Federal Privacy Laws Amidst Inconsistent Provincial And Territorial Privacy Protection Frameworks

    Last 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...
    CanadaPrivacy
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Additional 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.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Tea Time Gone Wrong: Spilled Tea In Car Not An Automobile Accident

    The applicant claimed to have been involved in an automobile accident in March 2017.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Entitlement To Medical Cannabis In An Accident Benefits Context: P.A. V. TD General Insurance Company

    A 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 & Hemp
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Liability Admissions In Sexual Abuse Claims

    Punitive damage awards are commonplace in sexual abuse claims.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    New Data Breach Regulations

    The Federal Government has set November 1, 2018 as the date on which certain sections of the Digital Privacy Act will come into effect.
    CanadaPrivacy
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Scope Of Documentary Production In Loss Transfer Disputes: Reasonableness, Probative Value And Costs Of Production

    In 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 & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP

Showing 61–80 of 223 results

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