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  • Article

    Location Of Loss Case Study: Benson v. Belair Insurance Company (2019 ONCA 840)

    This case involves two accidents involving two recreational off-road vehicles – an all-terrain vehicle ("ATV") and a dirt bike – heard together because they raise the same jurisdictional issue at law.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    No Nonsense LAT - MB At The Forefront!

    Both decisions demonstrate strict scrutiny by the Adjudicator of all the evidence filed by the claimants, and suggest that the LAT will be strictly holding claimants to their burden of proof.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    State Farm v. Old Republic Insurance, 2015 ONCA 699

    The Ontario Court of Appeal has recently released a decision that will be widely applauded by the insurers of heavy commercial vehicles.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Today The Court Of Appeal Released A Decision: Developments In Loss Transfer: Defence Of Laches Is Not Available To Bar Delayed Claims

    While a first party insurer 'discovers' its claim for loss transfer on the day after it makes a request for indemnification, it was unclear whether there are any limitation periods relating to when a first party insurer must deliver an indemnification request
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Copyright Claims on Intellectual Work Property: Employee vs Employer

    When a senior software developer secretly creates competing software on his own time, who owns the copyright? The Ontario Court of Appeal's decision in Nexus Solutions Inc. v. Krougly clarifies the boundaries of employer ownership over employee-created work, establishing that broad job descriptions alone cannot secure intellectual property rights without clear contractual terms or direct involvement in the creation process.
    CanadaIntellectual Property
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Can A Pseudonym Screen Name Protect You From A Lawsuit?

    In Theralase Technologies Inc. v Lanter, the issue of whether judgement can be granted against a defendant whose identity is unknown was considered.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Featured Case: Zuk v Atkinson - Answer Undertakings In A Timely Fashion Or Your Case May Be Dismissed!!

    In a 2014 decision, Justice Lemon of the Ontario Superior Court of Justice upheld the decision of Wein J. to dismiss the plaintiff's action for failure to comply with undertakings and to pay costs.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Open Court Principle Prevails - Case Study: Sherman Estate v Donovan

    The decision of the Supreme Court of Canada in Sherman Estate v Donovan (2021 SCC 25) reinforces the open court principle as a constitutionally...
    CanadaPrivacy
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Long Fight Ends In Judgement To Plaintiff Includes Interest Plus Costs

    The issues at trial pertained to the amount owed by Skyline to Infinity, the applicable interest rate, and the interest accrual date.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Technological Developments And Professional Obligations* - Ko v Li

    The legal profession is a notoriously slow-progressing field. Just a few years ago, one of the primary modes of delivering documents and correspondence, aside from regular mail, was by fax machine
    CanadaTechnology
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A "Victory For Common Sense": Uber Continues To Operate Legally In London, UK

    In a decision Uber is calling a "victory for common sense", the UK High Court ruled that Uber was not in contravention of existing London regulations with respect to taxicab meters.
    United KingdomTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Legalizing Marijuana: Product Liability For Producers, Distributors, And Dispensers

    With the legalization of marijuana appearing to be more like an inevitability than a possibility, the options for consuming marijuana continue to expand.
    CanadaConsumer Protection
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    "It's 2020": Bringing The Courts In Line With The Times During COVID-19

    The issue in this case was whether the plaintiffs ought to be required to conduct an examination out-of-court by videoconference, rather than in- person at a later date, due to the COVID-19 pandemic.
    CanadaCoronavirus (COVID-19)
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Legalizing Marijuana: Are Dispensaries And Vapour Lounges The New Tavern?

    A walk around many neighbourhoods in the GTA reveals a new line of businesses that were not present last year.
    CanadaFood, Drugs, Healthcare, Life Sciences
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Marijuana Legalization: Ontario Weighs In

    To the disappointment of many and the surprise of few, the Ontario Government has decided to provide access to recreational cannabis through a government corporation similar to the LCBO.
    CanadaFood, Drugs, Healthcare, Life Sciences
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    My House Burned Down, Now I Can Buy Two

    The insured's house sustained a fire and was beyond repair.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Ontario Court Of Appeal Upholds Decision To Deny Coverage For Tort Of Intrusion Upon Seclusion Claims

    This past month, the Ontario Court of Appeal released its decision of Demme v. Healthcare Insurance Reciprocal of Canada (HIROC) 2022 ONCA 503, which considered...
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Misfeasance Claims Against Crown Prosecutors - Case Study: Ontario (Attorney General) V. Clark, 2021 SCC 18

    The Supreme Court of Canada slammed the door shut on misfeasance claims against Crown prosecutors in one of their most recent rulings. In an 8-1 decision, the Court reinforced the immunity of Crown...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Which Doctor's Opinion Counts On Threshold Issues? Case Study: Sanson v Paterson v Sanson v Security National Insurance

    What types of physicians can opine on threshold issues? In the Ontario Superior Court decision, Sanson v Paterson v Sanson v Security National Insurance...
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Punitive Damages V Employee Contributory Negligence

    The decision of the Ontario Court of Appeal in Eynon v Simplicity Air is a significant decision on punitive damages in Canada. The Court upheld a $150,000 jury award of punitive damages in favour of an employee.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP

Showing 21–40 of 423 results

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