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  • Article

    Cloudy With A Chance Of Money: Overcoming Obstacles In Subrogated Claims

    Subrogation is the process under which an insurer, which has paid a loss under an insurance policy, becomes entitled to the rights and remedies of its insured against the party responsible for the loss.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Insurer's Duty Of Good Faith Will Not Be Expanded By Supreme Court

    The Ontario Court of Appeal decision and related appellate cases would appear to be the most up-to-date law on the issue.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Tick Tock, Watch Your Clock: Estate Trustees Are Not Litigation Guardians Under s.7 Of The Limitations Act

    In Lee v Ponte, 2018 ONCA 1021, the Ontario Court of Appeal considered whether S.7 of the Limitations Act
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Who's The Owner? Who's Liable? Harris v. Ward

    The issue of vicarious liability in contractual relationships was called into question in the British Columbia Court of Appeal when a tragic car accident required the court to consider the parties'
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Allegations Are Subject To Higher Scrutiny When Made Against Personal Defendants

    In response, the Defendants also advanced a crossclaim striking the claims against the board member Defendants in their entirety.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    New Financial Support For Workers Relying On Government Benefits During The COVID-19 Pandemic

    Many Canadians felt panic over the last month as the expiry date for the Canada Emergency Response Benefit ("CERB") loomed. As of October 3, 2020,...
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Ontario Court Of Appeal Overturns Decision On Employment Termination Provisions And Common Employers

    In the case Rahman v Cannon Design Architecture Inc, 2022 ONCA 451, the Ontario Court of Appeal (ONCA) determined that termination provisions in Ms. Rahman's employment contract violated the Employment Standards Act (ESA).
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A New Framework Is Announced

    "Financial planner" and "financial advisor" are terms that have been used loosely in Canada in the past.
    CanadaFinance and Banking
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Analyzing Use Or Operation Of A Vehicle

    In October of this year, our office released a case comment concerning the decision in Hunt v Peel Mutual Insurance Company.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Can LAT Award Punitive Damages?

    On September 23, 2020, the License Appeal Tribunal ("LAT") released a ruling that it does not have jurisdiction to award punitive damages.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Beware Of The Standard Of Care In Recreational Sports

    In May 2018, pleasure turned into pain during an organized soccer match among players with varying skill levels (the "Game"), when Cox slide tackled Miller in the penalty box (the "Tackle").
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Discoverability Dilemma: Limitation Periods For Contribution And Indemnity Claims

    In the recent decision of Mega International Commercial Bank v. Yun, the Ontario Court of Appeal provided an analysis of the contentious issue of whether the limitation period for a contribution and indemnity...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Now Or Never - Limitations On Late Expert Reports

    This action concerned a snowmobile accident that took place in 2014. The plaintiff served several expert opinion reports regarding the nature and extent of his injuries.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Strategic Lawsuits Against Public Participation - A "Win" For Freedom Of Expression

    In seeking an order to dismiss the plaintiff's action pursuant to s. 137.1(3) of the Courts of Justice Act, McCague Borlack LLP litigators David Elmaleh and Aryeh Samuel successfully used the new Anti-SLAPP legislation...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Tug-Of-War Gone Wrong: Who Is Liable When Participant's Arm Is Amputated

    The stage was set. The tug-of-war pitted 20 or so trailer renters against 20 or so cottage renters. Disaster ensued.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Autonomous Vehicles Vs. Pedestrians: Who Is At Fault?

    The recent tragic accident in Arizona involving an autonomous vehicle and a pedestrian raises some important questions about liability.
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    What Will Cause An Automobile Tort Claim To Flop?

    What kind of evidence is likely to cause an automobile tort claim to flop? A threshold decision of Justice P. J. Monahan released December 13, 2017, provides useful guidance on the issue.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    From Motorist To Manufacturer: Adjusting To AV Litigation

    Motor vehicle litigation is going to shift to product liability involving manufacturers.
    CanadaConsumer Protection
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Deference To Reasonable Decision Made By Condo Boards

    Directors and officers, acting as a manager of a condominium, have a number of obligations and responsibilities that they are required to carry out.
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Medical Marijuana: Considerations For Employers

    There has been a significant culture shift in the use of marijuana over the last few years, specifically owing to its reported benefits in treating the symptoms associated with various medical conditions . . .
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP

Showing 121–140 of 423 results

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