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  • Article

    Winter Maintenance Contracts - Featured Case Study: Ruetz v Metro Canada

    This case arose out of injuries sustained by an individual when ice allegedly fell from an above canopy onto her head as she was exiting a grocery store.
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Divisional Court Comments On Termination Rights Of Employer During Probation Period

    In Nagribianko, the appellant employer — a wine and spirit import agency — entered into a written employment contract with the plaintiff employee.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Being Proactive With Environmental Claims Case Study: Albert Bloom Limited v. London Transit Commission

    This matter involves the appeal of a third party's motion for summary judgement on the grounds of a claim being statute barred.
    CanadaEnvironment
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Beware Of Presumption Of Management Or Control Of A Director

    In Alizadeh v Ontario (Ministry of Environment, Conservation and Parks), the Court highlighted the high evidentiary burden on rebutting a presumption of management and control by a director in a Director's Order, ...
    CanadaEnvironment
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    No Playing Around - An Update On Tort Liability And School Yard Injuries

    With children just back to school, this article update1 is a timely reminder of the potential litigation that can arise for school boards, students, and parents over playground incidents.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Retroactivity, Retrospectivity & Immediate Applicability

    It is hoped that the recent appeal decision in MVACF and Barnes will shed some light on this turbulent, but interesting, area of accident benefits.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Subrogation: Recommendations For Early Investigation

    At the outset of a loss, it is most critical to begin preserving evidence and investigating the cause of the loss.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Court Orders Up To $600,000 Advance Payment In Advance Of Personal Injury Med-Mal Trial

    The Court of Appeal has made it abundantly clear that partial summary judgment motions will only be granted in the clearest of cases.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Featured Case: Aranas v. Kolodziej The Buck Stops Here: A Rare Summary Judgment Win For The Defence

    In the recent decision of Aranas v. Kolodziej,1 Michael Kennedy of McCague Borlack was successful in securing a dismissal of the action as against its client on summary judgment.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Old McDonald had a Farm and Kids: A Tale of Succession and Unjust Enrichment

    In McDonald v McDonald, the Court of Appeal for British Columbia decided that as a matter of public policy, chores performed by children in a family setting do not, absent indicia of exploitation...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    RECO Regulatory Response Submissions Are Privileged

    The Ontario Superior Court of Justice recently addressed whether written submissions filed by real estate agents in response to regulatory complaints are protected from disclosure in civil litigation.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Starting The Clock: Discoverability And Limitation Periods

    In Nimish and Manjeet Gupta v. Amrit Pal Singh and Coldwell Banker Sun Realty Brokerage(2026), the Small Claims Court dismissed a Defendant’s Claim as statute-barred, reaffirming the principle...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Personal Injury Bar's Worst Fear: Not Enough Evidence To Put Question To A Jury

    Recently, in Day v Haiderzadeh, the Ontario Superior Court of Justice reiterated settled law that evidence given in support of a potential question to be given to a jury cannot be based on pure speculation...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A Gift That Doesn't Stand The Test Of Time

    The Ontario Court of Appeal addressed issues concerning rights of survivorship and tenants in common in the recent decision Jackson v. Rosenberg, 2024 ONCA 875, which was released on December 4, 2024.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Bill 216 And Key Changes Coming To The Ontario Construction Act

    On November 6, 2024, Bill 216, Building Ontario For You Act (Budget Measures) ("Bill 216") received Royal Assent, resulting in changes to the Construction Act (the "Act") in Ontario.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Subrogating Claims In The Construction Context - They Do Exist

    Oftentimes, builder's risk policies contain waivers of subrogation, and contractors, more often than not, are listed as additional insureds.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Data Breach: A Cautionary Tale Of What Legal Privilege Can Be Asserted Over In A Cybersecurity Investigation

    On April 30, 2024, the Divisional Court of the Ontario Superior Court of Justice (the "Court") released its decision in LifeLabs LP v. Information and Privacy Commr.
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    An Overview Of The Statutory Obligations For Insurers To Participate In Mediation And To Attempt To Settle

    You will recall that the Ontario Court of Appeal in Keam v Caddey, 2010 ONCA 565 awarded the plaintiff $40,000 in additional costs after an insurer refused (twice) to participate in mediation prior to trial.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Teenagers Will Be Teenagers: Did A Mother Give (Implied) Consent For Her Son To Possess And Operate Her Car?

    Teenagers Will Be Teenagers: Did A Mother Give (Implied) Consent For Her Son To Possess And Operate Her Car?
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Your Reservation Has Changed... Airbnb Regulation in Toronto and Insurance Coverage Issues

    Airbnb, the online marketplace for hospitality services, first began to operate in Toronto around 2010.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP

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