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  • Article

    Construction 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 Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    "Let`s Talk About Sexts" - Is My Teenager In Possession Of Child Pornography?

    The Ontario Court of Appeal has struck down the mandatory minimum sentence for possession of child pornography.
    CanadaCriminal Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A Plea For Simple Pleadings

    You have just been sued for breach of contract by a former business partner. As you skim through a legal document that sets out a laundry list of your alleged failures and faux pas...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Case Study-Who Pays A Medical Examination 'No-Show' Fee?

    Recent Ontario court decisions are clarifying when plaintiffs must pay cancellation or "no-show" fees after missing medical examinations. Courts are increasingly willing to award such costs, but only when specific conditions are met and the fees are deemed reasonable based on factors like examination type, length, and supporting evidence.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A Cautionary Tale For Employers

    In the recent decision, Hampton Securities Limited v. Dean, the Ontario Court of Appeal affirmed the detailed trial decision of Justice Koehnen
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Out Of Court Settlements & Union Grievances - Case Comment: Gervais V. Ottawa (City)

    Out-of-court settlements with respect to union grievances culminating in releases of all claims arising from related matters are a well-established practice.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Do Excluded Drivers have access to AB Coverage? See Court of Appeal Ruling

    A recent Court of Appeal decision has clarified two issues that are of relevance to insurers involved in priority disputes.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Enforceability Of Settlements In The Context Of Self-Represented Plaintiffs

    In 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 & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Freedom Of Expression In The 'Trump Era' Is A "Trump Is Right. F**K China. F**K Mexico" Sign Protected Speech?

    Passionate political supporters often choose to convey their message in a manner that grasps observer's immediate attention, regardless of how it may be interpreted.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The New (And Improved?) Rule 76 Simplified Procedure

    Canada has arguably one of the best and most advanced systems of justice in the world.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Couple Caught In Bidding War Frenzy Reneges On Purchase Of Dream Home, Liable For Damages

    Much ink has been spilled analyzing and assessing the macro impacts of the residential real estate market worldwide.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Occupier's Liability: A Board Meeting Gone Wrong

    Anyone who has ever been to a board meeting (or a partners, shareholders, town hall, or any similar type of meeting) can attest to the tension that often arises.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Location Matters: Superior Court Rescinds A $95,000 Contract For Toronto Maple Leafs' Season Tickets

    During their search, Mrs. Galle came across an advertisement posted by Daniel Seca, the president of Aces, on Kijiji.ca for the sale of licenses for Leafs and Raptors tickets.
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Improper Policy Cancellation Leads To "Risky Business"

    The appeal decision in Ontario (Minister of Finance) v AXA Insurance1 is an important lesson for insurers who claim to have cancelled an insured's automobile policy, specifically when a priority dispute later arises.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Insurers Seeking Recovery Of Overpayment? Beware Of Notice Requirements

    A decision released on March 1, 2016 by Justice Perell of the Superior Court serves as a useful reminder to insurers of the demanding notice requirements that apply to requests for repayment under Section 47 of the SABS.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Statutory Deductibles And Monetary Thresholds For Motor Vehicle Accident Claims

    In December 2024, the Financial Services Regulatory Authority of Ontario ("FSRA") published the 2025 monetary thresholds and deductibles for non-pecuniary general damages under the Insurance Act and O. Reg. 461/96.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    HPARB Rules On Kinesiologists And FAE Reports

    The recent decision, C.M. v P.M., the Health Professionals Appeal and Review Board confirmed a decision of the Inquiries, Complaints and Reports Committee of the College of Kinesiologists of Ontario.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Is My Teenager In Possession Of Child Pornography?

    The Ontario Court of Appeal has struck down the mandatory minimum sentence for possession of child pornography.
    CanadaCriminal Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Determination Of Notice Periods For Rehired Employees Post CCAA Proceedings

    In Antchipalovskaia v. Guestlogix Inc.,1 released on June 9, 2022, the Ontario Court of Appeal held that in cases where an employee is terminated and subsequently rehired...
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Approximately 2.5 Million Dollars Gone In Approximately 2.5 Seconds

    Dentons LLP has recently become embroiled in a coverage dispute with its insurer over an approximate 1.7 million dollar loss after falling victim to an email scam.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP

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