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  • Article

    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...
    CanadaFamily and Matrimonial
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    2 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.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A 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. Field
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Ontario Is Making Roads Safer One Winter Tire At A Time

    The Government of Ontario is striving to make the roads in this province a safer place.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    LAT Broadens The Definition Of Accident As Per SABS

    The 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 & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Cyber Risks To Your Organization And Its Consequences

    Hacking is one of the most well-known cyber risks and comes from outside of your organization.
    CanadaPrivacy
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Secrets Between Children And Parents

    In 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...
    CanadaPrivacy
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Alcohol, Snowmobiling, Breaching a Probation Order and Insurance Coverage

    The Ontario Court of Appeal Interprets a "Person Authorized by Law"
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Every Word Counts - Edmond v. Trillium

    On 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...
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Importance Of Clear, Unequivocal Refusals

    What 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.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Enforceability Of Waivers: An Update

    On 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 & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Reliable Footage: The Importance Of Unedited Video And Investigator Testimony At Trial

    If a picture is worth a thousand words, then a video is worth more than a million.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Summary Judgment In Third Party Claims Alive & Viable On Claims For Contribution & Indemnity

    In Beckford v. Bathia, the Plaintiff sued the Defendant Bathia for damages arising from a motor vehicle accident.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    You Got Hacked: Limits On Liability - AN UPDATE: Case Study Of Owsianik v. Equifax Canada Co, And Intrusion Of Seclusion

    Canadians with any form of online presence are at risk of being the victims of data breaches.
    CanadaPrivacy
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Case Study: Landlord Liability For Visitor Injuries

    A 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 Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Torts 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 HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Legalizing Marijuana: Potential Impact On Social Hosts

    This same duty, however, does not attach to social hosts without the existence of some form of a special relationship.
    CanadaFood, Drugs, Healthcare, Life Sciences
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Case 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.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Strategies For Proactively Advancing A Subrogated Claim

    Subrogated claims require a distinct approach from defense cases; not only is the onus on the plaintiff...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Pendulum Swings Towards Employer-Driven Mandatory Vaccination Policies

    Many 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
    McCague Borlack LLP

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