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
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 LawMcCague Borlack LLP
ArticleA Plea For Simple PleadingsYou 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 & ArbitrationMcCague Borlack LLP
ArticleCase 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 & ArbitrationMcCague Borlack LLP
ArticleA Cautionary Tale For EmployersIn the recent decision, Hampton Securities Limited v. Dean, the Ontario Court of Appeal affirmed the detailed trial decision of Justice Koehnen CanadaEmployment and HRMcCague Borlack LLP
ArticleOut 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 HRMcCague 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
ArticleFreedom 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 & 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
ArticleCouple Caught In Bidding War Frenzy Reneges On Purchase Of Dream Home, Liable For DamagesMuch ink has been spilled analyzing and assessing the macro impacts of the residential real estate market worldwide. CanadaReal Estate and ConstructionMcCague Borlack LLP
ArticleOccupier's Liability: A Board Meeting Gone WrongAnyone 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 ConstructionMcCague Borlack LLP
ArticleLocation Matters: Superior Court Rescinds A $95,000 Contract For Toronto Maple Leafs' Season TicketsDuring 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 LawMcCague Borlack LLP
ArticleImproper 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. CanadaInsuranceMcCague Borlack LLP
ArticleInsurers Seeking Recovery Of Overpayment? Beware Of Notice RequirementsA 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.CanadaInsuranceMcCague Borlack LLP
ArticleStatutory Deductibles And Monetary Thresholds For Motor Vehicle Accident ClaimsIn 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.CanadaInsuranceMcCague Borlack LLP
ArticleHPARB Rules On Kinesiologists And FAE ReportsThe 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.CanadaInsuranceMcCague Borlack LLP
ArticleIs 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 LawMcCague Borlack LLP
ArticleDetermination Of Notice Periods For Rehired Employees Post CCAA ProceedingsIn 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 HRMcCague Borlack LLP
ArticleApproximately 2.5 Million Dollars Gone In Approximately 2.5 SecondsDentons 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.CanadaInsuranceMcCague Borlack LLP