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  • 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
  • Article

    Golf Club Neighbours Miss Their Shot At Injunction

    In Horan v. Marlwood Golf and Country Club, 2022 ONSC 1806 (CanLII), the plaintiffs commenced an action against the defendants seeking damages as a result of golf balls that were landing on their property from the defendants' neighbouring golf course.
    CanadaReal Estate and Construction
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Misnomer – What Happens If A Plaintiff Gets Its Own Name Wrong?

    In Dealer's Choice Preferred Collision Centre Inc. v. Kircher, 2020 ONSC 7557, the Court considered the applicable test when a motion is brought to amend the named plaintiff pursuant to the doctrine of misnomer.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Misunderstanding Over Scope Of Claims Leads To Dispute At Trial

    The mid-trial ruling of Justice Tranquilli in Solanki v. Reilly, 2021 ONSC 1326, provides an analysis of the importance for counsel to ensure there is a "meeting of the minds" ...
    CanadaLitigation, Mediation & Arbitration
    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

    Insurance Brokers: Meeting The Standard Of Care

    In 2049390 Ontario Inc. v. Leung, 2018 ONSC 5759, the plaintiff sued its insurance broker for $1.8 million following a fire at a commercial property in Toronto, Ontario. The claim was dismissed.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Cautioning Customers For Conditions Of A Curb

    In May 2019, the Ontario Superior Court of Justice released its decision in Ali v. Smart REIT, 2019 ONSC 2824, granting the defendants' request for summary judgment against the plaintiff who tripped on a curb leading to the entrance of a shopping plaza.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    No Consent: Son Takes Car Without Permission

    The plaintiff's success on the negligence issues was short lived.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The Effect Of Increasing The Small Claims Court Limit

    While that may sound like a win-win for courts and litigants alike, with more money comes more problems.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Costs At The LAT – Revisiting One Of The More Controversial Changes

    In January 2018, I co-authored a paper that looked at the LAT as it approached two years at that time. The paper outlined that one of the most significant differences ...
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Court Of Appeal Upholds Striking Of Jury Due To Inaccurate Trial Duration Estimate And Late Disclosure

    In an interesting decision released by the Court of Appeal on October 13, 2020, the Court appears to have swiftly dealt with a defendant's broad appeal on the merits of a trial judgment in an action arising from a motor vehicle accident.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Discharging A Jury: How Much Explanation Is Required From A Trial Judge?

    In Penate v. Martoglio[1] the Court of Appeal concluded that when a trial judge discharges a jury, they must explain their reasons for doing so beyond conclusory remarks.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Tort Action Arising From Injury At Heavy Metal Concert

    In November 2015, the plaintiff went to a heavy metal concert.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The Sherman Estates And Privacy As A Public Interest

    The Supreme Court of Canada recently released its decision in Sherman Estate v Donovan, 2021 SCC 25, on the question of whether to grant a request from the estates' trustees to seal...
    CanadaPrivacy
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Establishing Jurisdiction Through E-Commerce

    For many years now, consumer transactions have been conducted over the Internet, sometimes with companies in faraway places.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Winds Of Change Blowing For The Insurance Industry

    There are few news stories that arouse the imaginations of the Ontario electorate as insurance reform.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Mould In Condo Unit: Who's Responsible?

    Condominium corporations have a duty to maintain and repair the common elements.
    CanadaReal Estate and Construction
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Obtaining A Vexatious Litigant Order – The Process Matters

    The Ontario Court of Appeal's decision in Williams v. Tuck, 2023 ONCA 452 grapples with a particular issue concerning abuse of process, namely vexatious litigants...
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Striking Claims Against Insurance Adjusters

    The statement of claim in this case advances various allegations regarding the termination of disability benefits by RBC.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Costs Issues From Trial

    It is of note that Justice Varpio met with counsel in advance of trial to compile a timetable to ensure the timely completion of the trial.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP

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