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  • Article

    Expansion Of The Canada Emergency Response Benefit

    The benefit provides $2,000 per month of taxable income to eligible workers in Canada.
    CanadaCoronavirus (COVID-19)
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    If You Take The Wheel, You Take Control - Case Study: Mckay v. Park, 2019 ONCA 659

    A front-seated passenger who unexpectedly grabbed the wheel of a vehicle, causing an accident, is considered to have operated the vehicle without the driver's consent.
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Ontario Courts Updating Online Infrastructures To Accommodate COVID-19 Needs For Safety

    The Justice Services Online platform allows Ontarians, and their legal counsel, to e-file documents related to civil actions or applications or family proceedings.
    CanadaCoronavirus (COVID-19)
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Constructive Dismissal vs. Time Limit

    In Pham v. Qualified Metal Fabricators Ltd. 2023 ONCA 255, the Ontario Court of Appeal held that employers could no longer rely on the argument that an employee...
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A Power Outage May Not Qualify For Damage On premise - Case Study: La Rose Bakery 2000 Inc. v. Intact Insurance Company (2019 ONCA 850)

    Power was ultimately restored without any intervention required on the part of appellant or the mall owner.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Coverage Dispute - Insured Wants Insurer To Cover $170M Ice Cream Loss

    The case of Cargill Inc. v. ACE Property & Casualty Insurance Co., Case No. 250703456, is of interest for certain coverage disputes in Canada. It was filed in the Court of Common Pleas in Philadelphia on July 31, 2025.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Coverage Dispute Over An Umbrella Liability Insurance Policy

    The case of Cargill Inc. v. ACE Property & Casualty Insurance Co., Case No. 250703456, is of interest for certain coverage disputes in Canada. It was filed in the Court of Common Pleas in Philadelphia on July 31, 2025.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Who Is An Insured Person? - Case Study: Hunt v. Peel Mutual Insurance Company, 2019 ONCA 656

    Amelia's injuries arose from the impaired driver's use of the vehicle.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Court Of Appeal Decision On Dependency In A Priority Dispute

    The Court of Appeal released a new decision on dependency in a priority dispute between Intact and Allstate, linked below.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Is This The End of Civil Jury Trials in Motor Vehicle Accident Cases?

    Complaints about civil jury trials in motor vehicle cases are not novel or uncommon. It is the perception of some (most notably the plaintiff bar) that jury results are typically unfavourable to plaintiffs.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Legalizing Marijuana: And The Litigation Begins...

    As the access to and use of marijuana becomes increasingly legitimate and common, it is reasonable to assume that the businesses that operate within this environment will experience significant legal "growing pains".
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Can A Claim Be Denied Due To Criminal History From 20 Years Ago?

    In Mohammed v The Manufacturers Life Insurance Company, the Ontario Court of Appeal clarified the meaning of material fact to include criminal activities 20 years prior to obtaining life insurance.
    CanadaCriminal Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Arbitrations And Receiverships: Do They Need To Be Legally Distant? - Case Study: Petrowest Corporation V. Peace River Hydro Partner

    A receiver can sue on a contract yet disclaim the contract's arbitration clause, determined the BCCA in Petrowest Corporation v. Peace River Hydro Partners 2020 BCCA 339.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    One Small Step For Summary Judgements, One Giant Leap For Efficiency

    ONSC Judge expands the utility of summary judgement motions.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Perils Of Failing To Close A Purchase And Sale Agreement - Case Study: Joo V. Tran

    The decision of the Ontario Court of Appeal in Joo v Tran highlights the significant peril a purchaser of land can suffer when they fail to close based on an alleged failure by the seller to fulfill...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Mandatory Training For Commercial Truckers A Welcome Change

    On June 28, 2016, the Ontario Ministry of Transportation (the Ministry) made an announcement that has significant implications for both the trucking and insurance industry.
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Statutory Deductibles & Monetary Thresholds - Increased For MVA Claims

    On January 1, 2023, the statutory deductibles and corresponding monetary thresholds in motor vehicle accident claims increased significantly by 6.9% due to inflation.
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Copyright Claims On Intellectual Work Property: Employee vs Employer

    Technology is growing exponentially and new software can become very valuable. What happens when one of your employees creates a competing product to yours which he has access to as part of his employment?...
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Copyright Claims on Intellectual Work Property: Employee vs Employer

    When a senior software developer secretly creates competing software on his own time, who owns the copyright? The Ontario Court of Appeal's decision in Nexus Solutions Inc. v. Krougly clarifies the boundaries of employer ownership over employee-created work, establishing that broad job descriptions alone cannot secure intellectual property rights without clear contractual terms or direct involvement in the creation process.
    CanadaIntellectual Property
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Technological Developments And Professional Obligations* - Ko v Li

    The legal profession is a notoriously slow-progressing field. Just a few years ago, one of the primary modes of delivering documents and correspondence, aside from regular mail, was by fax machine
    CanadaTechnology
    McCague Borlack LLP
    McCague Borlack LLP

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