ArticleWorld Cup Of Violence: Are Soccer Clubs And Leagues Liable For "On Field" Fisticuffs?The motion judge granted summary judgment dismissing the action against all the defendants other than Gomes. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleLockdown At The Harbour: Arresting Multiple Ships?A vessel strikes a marine terminal trestle while in port in Vancouver, causing damage in excess of $60 million dollars. CanadaTransportMcCague Borlack LLP
ArticleUpdates Around Civil Matters In The Superior Court Of Justice In The Central East RegionThe following are some updates around civil matters in the Superior Court of Justice in the Central East Region. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleWe're Getting Close! Reopening For Business Amid The Ongoing COVID-19 PandemicIn fact, Ontario Premier Doug Ford has announced the reopening of some limited sectors of businesses in the province.CanadaCoronavirus (COVID-19)McCague Borlack LLP
ArticleEmployers Beware: An Employee Charged Criminally For Sexual Assault May Not Be Sufficient Grounds To Terminate With CauseThe plaintiff employee was 67 years old at the time the summary judgment motion was heard.CanadaEmployment and HRMcCague Borlack LLP
ArticleWhat Happens When You Tell Your Boss You Want To Retire... And Then Change Your Mind?In English v Manulife Corporation, 2018 ONSC 5135, the Ontario Superior Court of Justice considered the legal question of whether an employee who has resigned by way of a notice of retirement ...CanadaEmployment and HRMcCague Borlack LLP
ArticleWorkplace Harassment: The Employer's Responsibility In The Modern WorldIn the recent decision Metrolinx v Amalgamated Transit Union, Local 1587 ("Metrolinx"), the Ontario Court of Appeal addressed workplace harassment in the digital age.CanadaEmployment and HRMcCague Borlack LLP
ArticleWhen The Love Is Equal, But The Will Is Not - Disinheriting Your Wealthy Son So The Poorer Son Could Catch UpParents of multiple children often try to steer clear from favouritism, to ensure that each child is treated and cared for equally. CanadaFamily and MatrimonialMcCague Borlack LLP
ArticleAre You A Creditor And Do You Have Standing? Maybe Not.The brief facts of the motion were as follows.CanadaInsolvency/Bankruptcy/Re-StructuringMcCague Borlack LLP
ArticleLitigation Loans And Adverse Cost Insurance - An Update - The Doctrines Of Champerty And MaintenanceFollowing the publication of the article Litigation Loans and Adverse Cost Insurance in March 2021, the writers received a question regarding the interplay between the doctrines of champerty...CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleUber Class Action Gets Green Light, Proceeds To CertificationThe past decade has given rise to the ‘sharing economy', which has since become ubiquitous and has raised an assortment of legal issues for stakeholders and policymakers as a result.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleCan A Condominium Corporation Seek Recovery Of Subrogated Interests From A Unit Owner?Subrogation is the process whereby an insurer, after indemnifying its insured, assumes its insured's right to recover damages as against a tortfeaser who is liable for causing the damages.CanadaReal Estate and ConstructionMcCague Borlack LLP
ArticleAn Employer's Right To Dismiss An Employee Is Not AbsoluteIn Dufault v The Corporation of the Township of Ignance, 2024, ONSC 1029, the court found that the plaintiff was wrongfully dismissed from her employment because a provision contained...CanadaEmployment and HRMcCague Borlack LLP
ArticleIn The Wake Of Waksdale: A Recent Decision With Serious Consequences For Ontario EmployersWhen it comes to claims for wrongful dismissal, without cause termination provisions have received almost all of the attention in recent years.CanadaEmployment and HRMcCague Borlack LLP
ArticleWhen Is Income 'Earned' And Therefore Deductible? Case Study: A.S. And EconomicalWhen is post-accident income considered "earned" and therefore deductible from an Income Replacement Benefit?CanadaEmployment and HRMcCague Borlack LLP
ArticleHow Serious Must A Serious Impairment Be?How "serious" does a "serious impairment" have to be for a Plaintiff to pass the threshold under section 267.5 of the Insurance Act? CanadaInsuranceMcCague Borlack LLP
ArticleJohn Hancock Would Be Proud: Chaparina And State Farm And The Importance Of Signatures On Accident Benefits Treatment PlansIn this age of fingerprint readers and PINs, I find it relieving to see that the old-fashioned signature can still hold sway.CanadaInsuranceMcCague Borlack LLP
ArticleLegalizing Marijuana: Drugged Driving And How Insurers Can Manage RiskRecent studies estimate 9% of licensed drivers aged 18 to 29 in Ontario report having driven within an hour of using cannabis.CanadaInsuranceMcCague Borlack LLP
ArticleSurveillance: Activities and ProblemsIt is important for the lawyer or the adjuster to provide proper instructions to the surveillance investigator prior to the surveillance. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleThe "Lullaby Standard Of Care" For Tavern OwnersThe lawsuit arose as a result of a bachelor party on May 22, 2009, in Collingwood.CanadaMedia, Telecoms, IT, EntertainmentMcCague Borlack LLP