ArticleConstruction Act Reforms: Now In Effect!Recently, the Ontario Government has been working toward enacting an overhaul of the Construction Act in hopes to modernize the legislation. CanadaReal Estate and ConstructionMcCague Borlack LLP
ArticleDisengaging Assets Subject To A CCAA ProceedingThis 2019 decision of the British Columbia Court of Appeal was the third in a trio of appeals regarding the topic of disengaging assets owned by insolvent entities subject...CanadaCorporate/Commercial LawMcCague Borlack LLP
ArticleNot-For-Profits ~ BEWARE: Federal Privacy Laws Can Apply To Not-For-Profit CorporationsThe Personal Information Protection and Electronic Documents Act (PIPEDA) can apply to not-for-profits. PIPEDA applies to organizations that collect...CanadaCorporate/Commercial LawMcCague Borlack LLP
ArticleWhen Can A Lawyer's Representations Repudiate A Binding Settlement Agreement?Lawyers during litigation at-times provide false or misleading statements. But when do those statements cross the threshold from innocently misleading to fraudulent?CanadaCriminal LawMcCague Borlack LLP
ArticleStatutory Thresholds And Deductibles In Reference To Tort Damages In MVAsThe annual update to the statutory thresholds and deductibles for determining non-pecuniary tort damages arising from use or operation of vehicles has now been released.CanadaFinance and BankingMcCague 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
ArticleCourt Of Appeal Clarifies Approach To Overlapping Insurance CoverageThe case involved a boating accident.CanadaInsuranceMcCague Borlack LLP
ArticleUpdate From The Trenches: The Court Of Appeal Denies The Availability Of The Doctrine Of Laches In Loss Transfer DisputesIn Intact v. Lombard, Intact paid accident benefits to their insured following a motor vehicle accident that occurred on February 13, 2007.CanadaInsuranceMcCague Borlack LLP
ArticleEgg On Your Face - You May Have A ClaimThe car and its occupants remain unidentified. CanadaLitigation, Mediation & ArbitrationMcCague 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
ArticleDo Excluded Drivers have access to AB Coverage? See Court of Appeal RulingA recent Court of Appeal decision has clarified two issues that are of relevance to insurers involved in priority disputes.CanadaInsuranceMcCague Borlack LLP
ArticleEnforceability Of Settlements In The Context Of Self-Represented PlaintiffsIn Huma v. Mississauga Hospital,1 Ioan Huma, Elena Huma, and Christine Huma (the "plaintiffs"), commenced a medical malpractice action against 14 physicians and two hospitals (the "defendants"), alleging to have suffered significant damages as a result of the professional wrongdoing of same. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleJustice Must Not Only Be Done, It Must Be Seen - The LAT's Mandate To Ensure Both The Existence And The Appearance Of Adjudicative Independence In Their Decision-Making ProcessesThe only decision actually released in the matter ruled the claimant was not catastrophically impaired.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleThe New (And Improved?) Rule 76 Simplified ProcedureCanada has arguably one of the best and most advanced systems of justice in the world.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleData Breach: A Cautionary Tale Of What Legal Privilege Can Be Asserted Over In A Cybersecurity InvestigationOn 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 LawMcCague Borlack LLP
ArticleTaxi Company Not Vicariously Liable When Employee Sexually Assaults ClientIn an important decision released June 2, 2017, the Court of Appeal of Ontario considered the novel issue of whether a taxi company is liable for a sexual assault allegedly committed by one...CanadaEmployment and HRMcCague Borlack LLP
ArticlePriority Dispute Determined By Financial Dependency: Featured Case Study: TD Insurance And Intact Insurancen TD Insurance and Intact Insurance, McCague Borlack LLP's Eric Boate successfully argued that Intact Insurance, not TD insurance...CanadaInsuranceMcCague Borlack LLP
ArticleYour Reservation Has Changed... Airbnb Regulation in Toronto and Insurance Coverage IssuesAirbnb, the online marketplace for hospitality services, first began to operate in Toronto around 2010.CanadaInsuranceMcCague Borlack LLP
ArticleLimitation Periods: Ultimate Edition: The Impact Of Huether v. Sharpe, 2025 ONCA 140Since 2002 when the (then new) Limitations Act 2002 (the "Act") came into being, there was a section looming, spoken of in only hushed tones by members of the bar: The Ultimate Limitation Period.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP