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  • Article

    How To "Knock Out" Claims To Tavern Owners Sued For Injuries Sustained In Bar Fights

    It is important to remember that the occupier's duty to provide security is not absolute.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    When All Is Said And Done: Final Releases

    Full 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.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    When Is Travel Insurance "Excess" To Auto Insurance? ONSC Clarifies Applicability Of S. 268(6) Of The Insurance Act

    In its recent decision of Royal & Sun Alliance Insurance Company of Canada v. SNIC, the Ontario Superior Court of Justice (the "Court")...
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Improperly 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 & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Mediating a Road Authority Claim on Behalf of a Municipality

    Mediation 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 & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Third-Party Litigation Funding In Canada

    In 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 & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    New Privacy Tort Recognized In Ontario: Jane Doe 464533 v. X

    The plaintiff is a young woman who was romantically involved with the defendant, a young man, in high school.
    CanadaPrivacy
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Injunctions To Restrain Breach Of Contract - Stipulated Remedy Clauses - Old Habits Die Hard

    All 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 Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Primer On Director And Officer Liability Insurance

    As a means of attracting and retaining qualified directors and officers, corporations have chosen to shield their directors and officers from personal liability.
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Employment 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 HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Just When You Thought It Could Not Get Any Harder

    Among the notable changes is the introduction of the concept of good faith.
    CanadaGovernment, Public Sector
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    New 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.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Auditor Held Liable in Negligence for Non-Clients' Losses

    The 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 & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Sex, Lies & Videotape: Where Do Canadian's Have A Reasonable Expectation Of Privacy

    The recent Supreme Court of Canada decision in R v Jarvis is the high court's most recent pronouncement on privacy rights.
    CanadaPrivacy
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Keeping the Mould Away: Application of Mould-Based Policy Exclusions

    In property damage claims involving water infiltration or water damage, associated mould issues are common.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Autonomous Vehicles And The Future Of Litigation

    Only levels one and two are allowed on Ontario roads.
    CanadaTechnology
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Diminishing Returns - Divisional Court Confirms Motor Vehicle Accident Claims For Diminished Value Are Statute Barred By Insurance Act

    Diminished value claims for property damage to automobiles are statutorily barred by section 263 of the Insurance Act, R.S.O. 1990, c. I.8.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Circumstantial Evidence Should Not Be Overlooked By Claims Adjusters

    In 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 Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Benefits Of Employment Liability Practices Coverage: Civil Case Studies

    Employment 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 HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Is It Okay For Jurors To Engage In Internet Research During Deliberations? Case Study: Patterson V Peladeau

    In Patterson v Peladeau, 2020 ONCA 137, the Ontario Court of Appeal ("ONCA") considered whether Justice Hackland of the Ontario Superior Court
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP

Showing 221–240 of 423 results

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