ArticleHow To "Knock Out" Claims To Tavern Owners Sued For Injuries Sustained In Bar FightsIt is important to remember that the occupier's duty to provide security is not absolute. CanadaInsuranceMcCague Borlack LLP
ArticleWhen All Is Said And Done: Final ReleasesFull and final releases are implied in all settlement agreements. However, the comprehensive releases that are typically exchanged are not strictly required if the release is implied.CanadaInsuranceMcCague Borlack LLP
ArticleWhen Is Travel Insurance "Excess" To Auto Insurance? ONSC Clarifies Applicability Of S. 268(6) Of The Insurance ActIn its recent decision of Royal & Sun Alliance Insurance Company of Canada v. SNIC, the Ontario Superior Court of Justice (the "Court")...CanadaInsuranceMcCague Borlack LLP
ArticleImproperly Sued? Can You Recover Costs If The Action Is Dismissed?In order to protect limitation periods, especially in cases where liability is yet to be determined, there is an obligation on counsel to identify, name, and pursue all parties who may be liable to the plaintiff(s).CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleMediating a Road Authority Claim on Behalf of a MunicipalityMediation is an increasingly common form of dispute resolution and one which provides many benefits to any party who would otherwise engage in litigation.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleThird-Party Litigation Funding In CanadaIn the classic cartoon from The New Yorker, a lawyer sits across from a prospective client and remarks: "You have a pretty good case, Mr. Pitkin. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleNew Privacy Tort Recognized In Ontario: Jane Doe 464533 v. XThe plaintiff is a young woman who was romantically involved with the defendant, a young man, in high school.CanadaPrivacyMcCague Borlack LLP
ArticleInjunctions To Restrain Breach Of Contract - Stipulated Remedy Clauses - Old Habits Die HardAll of the other tenants had left as a result of agreements made with the Landlord, which offered to relocate the Tenant into similar premises in an adjoining building owned by the Landlord, and to pay compensation.CanadaReal Estate and ConstructionMcCague Borlack LLP
ArticlePrimer On Director And Officer Liability InsuranceAs a means of attracting and retaining qualified directors and officers, corporations have chosen to shield their directors and officers from personal liability.CanadaCorporate/Commercial LawMcCague Borlack LLP
ArticleEmployment Law: Notice: (Part 4 Of 6)If the parties have expressly agreed to notice terms in the employment contract, then the court will enforce those terms.CanadaEmployment and HRMcCague Borlack LLP
ArticleJust When You Thought It Could Not Get Any HarderAmong the notable changes is the introduction of the concept of good faith.CanadaGovernment, Public SectorMcCague Borlack LLP
ArticleNew Insurance Law Case Study - Who Pays A Medical Examination 'No-Show' Fee?Recent Ontario decisions continue to clarify when a court may require a plaintiff to pay cancellation or "no show" fees after failing to attend a medical examination. Recent case law suggests Courts are increasingly willing to award such costs, provided certain conditions are met.CanadaInsuranceMcCague Borlack LLP
ArticleAuditor Held Liable in Negligence for Non-Clients' LossesThe recent Ontario Superior Court decision, Lavender v Miller Bernstein, serves as a reminder – and a warning – that the Canadian jurisprudence is beginning to recognize a cause of action in negligence emerging from a negligent misrepresentation where the representor owes a duty of care to the representee.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleSex, Lies & Videotape: Where Do Canadian's Have A Reasonable Expectation Of PrivacyThe recent Supreme Court of Canada decision in R v Jarvis is the high court's most recent pronouncement on privacy rights.CanadaPrivacyMcCague Borlack LLP
ArticleKeeping the Mould Away: Application of Mould-Based Policy ExclusionsIn property damage claims involving water infiltration or water damage, associated mould issues are common. CanadaInsuranceMcCague Borlack LLP
ArticleAutonomous Vehicles And The Future Of LitigationOnly levels one and two are allowed on Ontario roads. CanadaTechnologyMcCague Borlack LLP
ArticleDiminishing Returns - Divisional Court Confirms Motor Vehicle Accident Claims For Diminished Value Are Statute Barred By Insurance ActDiminished value claims for property damage to automobiles are statutorily barred by section 263 of the Insurance Act, R.S.O. 1990, c. I.8.CanadaInsuranceMcCague Borlack LLP
ArticleCircumstantial Evidence Should Not Be Overlooked By Claims AdjustersIn R v Villaroman, the Supreme Court of Canada recently dealt with the issue of circumstantial evidence and the inferences that can be reasonably drawn from that evidence in order to find an accused guilty beyond a reasonable doubt.CanadaCriminal LawMcCague Borlack LLP
ArticleThe Benefits Of Employment Liability Practices Coverage: Civil Case StudiesEmployment practices liability (EPL) coverage protect employers from a variety of actions brought by employees, including wrongful dismissal, sexual harassment, accommodation, discrimination, negligence, unjust enrichment, breach of contract, and breach of duty of good faith actions.CanadaEmployment and HRMcCague Borlack LLP
ArticleIs It Okay For Jurors To Engage In Internet Research During Deliberations? Case Study: Patterson V PeladeauIn Patterson v Peladeau, 2020 ONCA 137, the Ontario Court of Appeal ("ONCA") considered whether Justice Hackland of the Ontario Superior Court CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP