ArticleExpansion Of The Canada Emergency Response BenefitThe benefit provides $2,000 per month of taxable income to eligible workers in Canada.CanadaCoronavirus (COVID-19)McCague Borlack LLP
ArticleIf You Take The Wheel, You Take Control - Case Study: Mckay v. Park, 2019 ONCA 659A 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. CanadaTransportMcCague Borlack LLP
ArticleOntario Courts Updating Online Infrastructures To Accommodate COVID-19 Needs For SafetyThe 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
ArticleConstructive Dismissal vs. Time LimitIn 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 HRMcCague Borlack LLP
ArticleA 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.CanadaInsuranceMcCague Borlack LLP
ArticleCoverage Dispute - Insured Wants Insurer To Cover $170M Ice Cream LossThe 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.CanadaInsuranceMcCague Borlack LLP
ArticleCoverage Dispute Over An Umbrella Liability Insurance PolicyThe 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.CanadaInsuranceMcCague Borlack LLP
ArticleWho Is An Insured Person? - Case Study: Hunt v. Peel Mutual Insurance Company, 2019 ONCA 656Amelia's injuries arose from the impaired driver's use of the vehicle.CanadaInsuranceMcCague Borlack LLP
ArticleCourt Of Appeal Decision On Dependency In A Priority DisputeThe Court of Appeal released a new decision on dependency in a priority dispute between Intact and Allstate, linked below. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleIs 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 & ArbitrationMcCague Borlack LLP
ArticleLegalizing 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". CanadaInsuranceMcCague Borlack LLP
ArticleCan 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 LawMcCague Borlack LLP
ArticleArbitrations And Receiverships: Do They Need To Be Legally Distant? - Case Study: Petrowest Corporation V. Peace River Hydro PartnerA 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 & ArbitrationMcCague Borlack LLP
ArticleOne Small Step For Summary Judgements, One Giant Leap For EfficiencyONSC Judge expands the utility of summary judgement motions.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleThe Perils Of Failing To Close A Purchase And Sale Agreement - Case Study: Joo V. TranThe 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 & ArbitrationMcCague Borlack LLP
ArticleMandatory Training For Commercial Truckers A Welcome ChangeOn June 28, 2016, the Ontario Ministry of Transportation (the Ministry) made an announcement that has significant implications for both the trucking and insurance industry. CanadaTransportMcCague Borlack LLP
ArticleStatutory Deductibles & Monetary Thresholds - Increased For MVA ClaimsOn January 1, 2023, the statutory deductibles and corresponding monetary thresholds in motor vehicle accident claims increased significantly by 6.9% due to inflation.CanadaTransportMcCague Borlack LLP
ArticleCopyright Claims On Intellectual Work Property: Employee vs EmployerTechnology 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 HRMcCague Borlack LLP
ArticleCopyright Claims on Intellectual Work Property: Employee vs EmployerWhen 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 PropertyMcCague Borlack LLP
ArticleTechnological Developments And Professional Obligations* - Ko v LiThe 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 machineCanadaTechnologyMcCague Borlack LLP