ArticleEstate Trustees Are Not Litigation Guardians Under S.7 Of The Limitations ActIn Lee v Ponte, 2018 ONCA 1021, the Ontario Court of Appeal considered whether S.7 of the Limitations Act...CanadaFamily and MatrimonialMcCague Borlack LLP
Article2 Insurance Policies, 1 Insured: Who Defends The Action, Who Pays The Costs Of The Defence, And Who Controls The Defence?This was a dispute between AIG Insurance Company of Canada and Lloyd's Underwriters in respect of the duty to defend a claim brought against the City of Markham.CanadaInsuranceMcCague Borlack LLP
ArticleA Duty Of Good Faith Is Foundational - Case Study: Demetriou v. AIG Insurance Company Of Canada (2019 ONCA 855)This good faith obligation was more recently affirmed in the case RBC General Insurance Co. v. FieldCanadaInsuranceMcCague Borlack LLP
ArticleOntario Is Making Roads Safer One Winter Tire At A TimeThe Government of Ontario is striving to make the roads in this province a safer place. CanadaInsuranceMcCague Borlack LLP
ArticleLAT Broadens The Definition Of Accident As Per SABSThe recent LAT decision in 16-000218 v. Aviva Insurance broadens the definition of the term "accident" as per SABS and potentially opens doors for accident benefits claims being brought forward ...CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleCyber Risks To Your Organization And Its ConsequencesHacking is one of the most well-known cyber risks and comes from outside of your organization.CanadaPrivacyMcCague Borlack LLP
ArticleSecrets Between Children And ParentsIn Ontario (Children's Lawyer for Ontario) v Ontario (Information and Privacy Commissioner) 2018 ONCA 599, the Court of Appeal for Ontario considered the novel issue of whether a child-client's litigation...CanadaPrivacyMcCague Borlack LLP
ArticleAlcohol, Snowmobiling, Breaching a Probation Order and Insurance CoverageThe Ontario Court of Appeal Interprets a "Person Authorized by Law"CanadaInsuranceMcCague Borlack LLP
ArticleEvery Word Counts - Edmond v. TrilliumOn January 30, 2026, the Supreme Court of Canada released its decision in Emond v. Trillium Mutual Insurance Co., 2026 SCC 3. At its core, the case is about contract interpretation, specifically...CanadaInsuranceMcCague Borlack LLP
ArticleThe Importance Of Clear, Unequivocal RefusalsWhat constitutes a valid refusal of an accident benefit on the part of an insurer? FSCO Arbitrator Anne Morris was required to revisit the issue in the hearing of Jody Falcon ats State Farm, with reasons released on February 16, 2016.CanadaInsuranceMcCague Borlack LLP
ArticleEnforceability Of Waivers: An UpdateOn June 28, 2021, the Ontario Superior Court of Justice led by Myers J., released a decision in Arksey v. Sky Zone Toronto, 2021 ONSC 4594.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleReliable Footage: The Importance Of Unedited Video And Investigator Testimony At TrialIf a picture is worth a thousand words, then a video is worth more than a million.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleSummary Judgment In Third Party Claims Alive & Viable On Claims For Contribution & IndemnityIn Beckford v. Bathia, the Plaintiff sued the Defendant Bathia for damages arising from a motor vehicle accident. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleYou Got Hacked: Limits On Liability - AN UPDATE: Case Study Of Owsianik v. Equifax Canada Co, And Intrusion Of SeclusionCanadians with any form of online presence are at risk of being the victims of data breaches.CanadaPrivacyMcCague Borlack LLP
ArticleCase Study: Landlord Liability For Visitor InjuriesA Saskatchewan Court of Appeal decision examines when landlords can be held liable for injuries sustained by their tenants' visitors, establishing that landlords who exercise sufficient control over premises may owe a duty of care as occupiers. The case explores the standard of care required and the circumstances under which a landlord's failure to address safety hazards can result in legal liability. CanadaReal Estate and ConstructionMcCague Borlack LLP
ArticleTorts That Flow From A Wrongful Dismissal Claim (Part 5 Of 6)In the employment law context, contributory negligence may be framed as a consideration of whether or not the terminated employee has mitigated their damages.CanadaEmployment and HRMcCague Borlack LLP
ArticleLegalizing Marijuana: Potential Impact On Social HostsThis same duty, however, does not attach to social hosts without the existence of some form of a special relationship.CanadaFood, Drugs, Healthcare, Life SciencesMcCague Borlack LLP
ArticleCase Commentary: Trimmeliti v. Blue Mountain Resorts Ltd.The Superior Court of Justice of Ontario recently released a decision that provided additional comments on the efficacy of waivers and the development of waiver defences in Ontario. CanadaInsuranceMcCague Borlack LLP
ArticleStrategies For Proactively Advancing A Subrogated ClaimSubrogated claims require a distinct approach from defense cases; not only is the onus on the plaintiff...CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleThe Pendulum Swings Towards Employer-Driven Mandatory Vaccination PoliciesMany employers are beginning to implement mandatory vaccination policies in their workplaces. In doing so, they must balance the risks to their businesses and employees of a workplace outbreak of ...CanadaCoronavirus (COVID-19)McCague Borlack LLP