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  • Article

    Overcoming Limitations Act Issues To Realize The Value Of Icebreaker Settlements

    The Ontario Court of Appeal in Di Filippo v Bank of Nova Scotia provides guidance on how to navigate limitations period issues when adding new defendants to an action based on information received...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Procedural Differences Between Civil Actions In British Columbia And Ontario

    The Limitation Act governs the limitation period for commencing an action in British Columbia.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Foreseeability Of A Flying Bottle

    On September 17, 2018, Justice Coroza of the Ontario Superior Court of Justice released his decision in Bucknol v. 2280882 Ontario Inc1("Bucknol"), a motion for summary judgement dealing...
    CanadaTechnology
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    What's in a Name? Upcoming Changes To The Definition Of A Motor Vehicle: Road-Building Machines

    Effective July 1, 2017, the definition of a Road-Building Machine (RBM) will be narrowed, pursuant to Ontario Regulation 398/16.
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Canada's Economic Response Plan In Response To COVID-19

    Canadian businesses of all sizes face financial hardship as a result of the COVID-19 pandemic.
    CanadaGovernment, Public Sector
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Accuracy Of Surveillance Reports

    What has been less clear is what "truly representing the facts" means.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Seeing Is Believing

    The assessment of damages in personal injury claims is often challenging when dealing with injuries that cannot be measured objectively.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Court Exercises Its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc.

    In Carmichael v. GlaxoSmithKline Inc., the Court of Appeal for Ontario explored the evidence required in rebutting the presumption of capacity to suspend the running of the limitation period.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Navigating Through Challenging Mediations: Creating Value In The Midst Of Obstacles

    Mediation is a process in which a neutral third party assists the disputing parties in reaching a mutually acceptable resolution.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    COVID-19: Taking Stock Of Urgent Motions

    It is difficult to balance the risk of harm caused by delays with the court's limited resources and overworked administrators.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Spoliation 101

    The doctrine of spoliation in Canada has evolved from the English common law. Spoliation refers to a rule of evidence when there is tampering, destruction, alteration or concealment of evidence.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Down The Path To The End Finality - A Case Study Of Gillham v. Lake Of Bays (Township)

    In July 2018, the Ontario Court of Appeal handed down its decision in Gillham v Lake of Bays (Township), wherein the Court of Appeal struggled with the issue of whether a claim made after the limitation period could be permitted.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Self-Driving Cars: Taking The Wheel Out Of Your Hands

    The government of Ontario defines autonomous vehicle as a "driverless or self-driving vehicles that are capable of detecting the surrounding environment using artificial intelligence, sensors...
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Big Changes To Small Claims - How COVID-19 Has Affected The Small Claims Court

    The world has gone through many changes in the past year, and the Ontario Small Claims Court is no exception.
    CanadaCoronavirus (COVID-19)
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Minor Injury Guideline

    Under the Statutory Accident Benefit Schedule ("Schedule"), those injured in a motor vehicle accident are entitled to different levels of benefits according to the severity and classification of their impairments.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Real NHL Hockey Wives: Cyberbullying, Norwich Orders, And Locker Room Soap Operas

    In the recent decision of Caryk v Karlsson,1 the Ontario Superior Court of Justice refused to compel Erik Karlsson's wife to provide evidence relating to allegations that she was cyberbullied by the partner of one...
    CanadaMedia, Telecoms, IT, Entertainment
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Featured Case: Gustanar Et Al. v Minto Et Al. And Franick Rd. Service Inc, 2016 ONSC 2341

    In Gustanar et al. v Minto et al. and Franick Rd. Service Inc, 2016 ONSC 2341, the court held that the co-defendant
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Protecting Contractors Is Paramount Case Study: Urbancorp Cumberland 2 GP Inc. (Re), 2020 ONCA 197

    In Ontario, the provincial legislation shows a commitment to protecting contractors and subcontractors by enabling them to collect outstanding balances owing for services and materials through the use of construction trusts, holdbacks and liens.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Rebutting The Breathalyzer Presumptions

    The accused, Marc Cyr-Langlois, was stopped by two police officers while driving.
    CanadaFood, Drugs, Healthcare, Life Sciences
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    It's Not Complicated (Anymore): Court Of Appeal Explains The Relationship Between SABS And Tort Damage Awards

    Two recent Ontario Court of Appeal decisions have provided clarity on the uncertain relationship between tort damage awards and Statutory Accident Benefits (SABs) under s 267.8 of the Insurance Act.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP

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