Sam Rogers is a litigation partner in Toronto. He maintains a broad litigation practice, with an emphasis on corporate/commercial, energy, construction, project, real property, and environmental litigation. He also has experience defending and prosecuting professional negligence claims.
Mr. Rogers has appeared before all levels of court in Ontario and numerous administrative tribunals. He has represented clients at trials, urgent injunctions, administrative hearings, appeals, and private arbitrations. He has advised clients during times of crisis with their reputation at stake.
Mr. Rogers has an active pro bono practice including volunteering as Duty Counsel for Pro Bono Law Ontario and leading the firm’s support of Rise Asset Development, an organization that provides low interest small business loans, training, and mentorship to entrepreneurs with a history of mental health or addiction challenges.
SELECTED TRIALS AND HEARINGS
- Barker v. Barker – represent two psychiatrists at ongoing trial concerning treatment programs developed at maximum security mental health centre in 1960s and 1970s
- Infinity Construction v. Skyline Executive Acquisitions – represented owner of a vacation resort at trial concerning construction of vacation homes, decision under reserve
- Kane v. Smith – represented family physician at trial concerning alleged delayed diagnosis of Charcot foot, decision under reserve
- Capital Solar Power Corporation v. Ontario Power Authority, 2019 ONSC 1137 – represented a solar power company at trial against the Independent Electricity System Operator for misfeasance in public office
- DeMarco et al. v. Martin, 2019 ONSC 2788 – represented family physician at a trial arising from a sudden cardiac death of a patient
- EB-2017-0049, March 7, 2019 – represented Hydro One in a hearing concerning its 2018-2022 distribution rate application
- Belwood Poultry Ltd. vs. the Turkey Farmers of Canada (2018) – represented turkey producer at hearing before the Farm Products Council of Canada
- Native Women’s Resource Centre of Toronto v Morning Sky Consulting Inc. 2017 CanLII 67330 (ON SCSM) –represented charity, pro bono, in trial against former auditor
- TP (Re), 2017 CanLII 86545 (ON CCB) –represented critical care physician at Consent and Capacity Board hearing concerning the withdrawal of mechanical ventilation
- Canadian National Railway Company v Ontario (Environment and Climate Change), 2017 CanLII 66327 (ON ERT) – represented railway company in hearing before the Environmental Review Tribunal concerning cost recovery orders
- Pillon Motors v. Mauro (2017) –represented client, pro bono, in small claims court trial arising from motor vehicle collision
- Barber v. Humber River Regional Hospital, 2015 ONSC 1838 and 2016 ONCA 897 - represented emergency room physicians at trial and appeal concerning alleged missed diagnosis of bacterial meningitis
- represented a Turkey breeder at a hearing before the Turkey Farmers of Ontario (2015)
- represented an owner in an arbitration with a general contractor concerning the construction of a hydro-electric dam (2015)
- Bain v. Ontario (Ministry of the Environment),  O.E.R.T.D. No. 13 - represented a wind farm developer in an environmental challenge to a renewable energy approval before the Environmental Review Tribunal
- Alliance to Protect Prince Edward County v. Ontario (Ministry of the Environment),  O.E.R.T.D. No. 40; 2014 ONSC 974 (Div Ct); (2015) 119 O.R. (3d) 704 (CA); 2015 ONCA 269; and 2016 CanLII 35406 (ON ERT) – represented a wind farm developer in an environmental challenge to a renewable energy approval before the Environmental Review Tribunal, two appeals, a stay motion and a remedy hearing
SELECTED APPLICATIONS, INJUCTIONS, AND MOTIONS
- Infinity Construction Inc. v. Skyline Executive Acquisitions Inc., 2018 ONSC 7630 - represented an owner at summary judgement motion concerning a limitation period
- EB-2017-0336 and EB-2018-0269 – represented Hydro One in a motion to review and vary a decision of the Ontario Energy Board concerning a deferred tax asset valued at $2.6 billion, and at appeal at Divisional Court
- Carbone v. DeGroote, 2018 ONSC 109 – successful moved for dismissal of an action claiming $108 million
- Ferreira v St. Mary’s General Hospital, 2017 ONSC 4243, 2017 ONSC 6631, 2018 ONCA 247, and 2018 CanLII 92112 (SCC) – successfully represented anesthetist in emergency application concerning the withdrawal of mechanical ventilation, appeal, and leave application
- Barker v Barker, (2017) 139 O.R. (3d) 96, 2017 ONSC 3397, and 2018 ONCA 255 – represented two psychiatrists at summary judgment motion concerning treatment programs developed at maximum security mental health centre in 1960s and 1970s and appeal
- Twelve Gates Capital v Eminence Living Inc., 2017 ONSC 3506 and 2017 ONSC 5671 – successfully set aside three certificates of pending litigation
- Kelowna Flightcraft Air Charter Ltd. v Kales Group BV, 2016 ONSC 8015 – successfully defended a motion for payment of a specific fund into court
- A.B. v Canada (Attorney General) (2016) 129 O.R. (3d) 749 and 129 O.R. (3d) 700; W.V. v. Canada (Attorney General) (2016), 130 O.R. (3d) 529; M.N. v Canada (Attorney General), 2016 ONSC 3346; I.J. v Canada (Attorney General) (2016), 131 O.R. (3d) 789; O.P. v Canada (Attorney General), 2016 ONSC 3956 - represented physicians at applications for medical aid in dying pursuant to the Carter exemption
- represented a life insurance company in a disputes with former life insurance agents – including obtaining multiple emergency injunctions
- obtained emergency Mareva injunction in a case of significant financial fraud
- represented life insurance company in challenge to changes to the life license qualification program
- 1298781 Ontario Inc. v. 730 St. Clarens Avenue Holdings Ltd., 125 O.R. (3d) 475 – appeal from status hearing decision confirming clients ability to set action down for trial
- obtained emergency injunctions to remove trespassers from an energy client’s assets
- Williams v. Apotex Inc., 2014 ONSC 894 – represented client at motion to strike
- Carbone et al. v. Michael DeGroote et al., 2014 ONSC 6146 - obtained an order for security for costs of $295,000
- Ber v. Goldberg, 2014 ONSC 3952 – motion excluding evidence for violating deemed undertaking rule
- LRK v CK, 2014 CanLII 40738 (ON HPARB); TN v RMS, 2014 CanLII 61674 (ON HPARB); E.E.Q. v P.W.P., 2015 CanLII 18338 (ON HPARB); J.K. v B.S.H.M.K., 2016 CanLII 23358 (ON HPARB) – represented physicians at reviews of decisions of investigations committee of College of Physicians and Surgeons of Ontario
Mr. Rogers received his J.D. from the University of British Columbia in 2011. During law school, he was awarded prizes for academic achievement, participated in the Wilson Moot, and volunteered with the Law Students Legal Advice program. In 2008, he completed a co-op degree in Honours Computer Science at the University of Waterloo.
Mr. Rogers is a member of the Law Society of Upper Canada, the Advocates Society, the Toronto Lawyers Association, the Canadian Bar Association, and the Ontario Bar Association.