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  • Article

    Speculative Trip And Fall Claim Dismissed

    <p>In <a href="https://www.canlii.org/en/on/onsc/doc/2018/2018onsc6190/2018onsc6190.html?searchUrlHash=AAAAAQAZIm9jY3VwaWVycyBsaWFiaWxpdHkgYWN0IgAAAAAB&resultIndex=2"target=_blank>Cannito v. Madison Properties Inc.</a>, 2018 ONSC 6190, the plaintiff went to a plaza in Toronto, Ontario and tripped and fell in the parking lot. She sued the owner of the property.</p> <p>Immediately after the accident, the plaintiff did not know what caused her to fall. However, approximately two weeks later,
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Discovery Ordered To Proceed By Videoconference Or Not At All

    "It's 2020…We now have the technological ability to communicate remotely effectively.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Notice To Claimants In Priority Disputes

    Justice Faieta's decision was appealed further.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Monitoring Commercial Drivers

    The purpose is to ensure commercial drivers are driving within their daily limits and are accurately logging their working hours behind the wheel.
    CanadaCorporate/Commercial Law
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Immunity From COVID Claims?

    Immunity from liability for claims involving the spread of COVID-19? This is what has been put forward by the Attorney General of Ontario, Doug Downey, in the proposed bill, Supporting Ontario
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Working From Home And Blue Popsicles

    I am often asked how many children I have and I tend to respond jokingly (sort of) that I have 34 kids. In actual fact, that number is four with the ages being ...
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Escalator Stunt Gone Wrong: Case Dismissed Against Shopping Mall

    Summary judgment can be a powerful tool in a litigator's toolkit, if the Court can be persuaded that there is no genuine issue for trial.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Cost Consequences For Refusing To Mediate

    The trial was heard in Belleville, Ontario, which does not have a mandatory mediation program.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Flying Beer Bottle: Case Dismissed

    In Bucknol v. 2280882 Ontario Inc., 2018 ONSC 5455, the plaintiff was struck by a beer bottle that was thrown in a bar in Toronto, Ontario.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Settlement: Attention To Details

    The case of Automodular Corporation v. General Motors of Canada Limited, 2018 ONSC 1640 is a good example of the need for parties and their lawyers to pay close attention to the details of a settlement.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Assault At Soccer Game: Who's Liable?

    As a result, Da Silva was injured and Gomes was convicted of criminal assault.
    CanadaMedia, Telecoms, IT, Entertainment
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    The Latest On Virtual Commissioning

    Justice MacLeod in Rabbat et al. v. Nadon et al, 2020 ONSC 2933, confirmed the legitimacy of virtual commissioning of affidavits.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Small Claims Court Elaborates On Scope Of New Privacy Tort

    In 2018, a new tort of public disclosure of private information was recognized by the Ontario Superior Court in Jane Doe 72511 v N.M., 2018 ONSC 6607.
    CanadaPrivacy
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Denying Disability Benefits: Good Faith And The Limitation Period

    The Court of Appeal indicated that the duty of good faith on insurers does not impose this obligation.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Offer Of Without Costs Dismissal: Defendant Did Not Play Hardball

    Defendants and insurers are sometimes criticized if they refuse to offer a monetary amount to settle an action.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Prompt Disclosure Of Partial Settlement Agreements

    The court's decision in Poirier v. Logan, 2021 ONSC 1633, demonstrates the importance of promptly disclosing partial settlement agreements that change the adversarial orientation of the proceeding.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Closing Addresses In Jury Trials

    The cumulative effect of these transgressions rendered an appropriate correcting instruction impossible.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Court Orders Genetic Testing Of Plaintiffs In Medical Malpractice Action

    Anita Varjacic of Rogers Partners LLP recently successfully brought a motion to compel the plaintiffs to undergo genetic testing.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    $21 Million Of Interest Awarded In Insurance Dispute

    The action arose from an insurance dispute, specifically a claim for loss of profits arising from a radioactive leak.
    CanadaInsurance
    Rogers Partners LLP
    Rogers Partners LLP
  • Article

    Door Remains Closed On Social Host Liability

    In Jonas v. Elliott, 2021 ONCA 124, the Court of Appeal added to the history of cases in which the courts have declined to recognize a duty of care between social hosts and those injured by the actions of their guests.
    CanadaLitigation, Mediation & Arbitration
    Rogers Partners LLP
    Rogers Partners LLP

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