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  • Article

    The Doctrine Of Discoverability And Accident Benefits Claims: Special Considerations Following Tomec And Pafco

    Ontario courts and tribunals have recently considered the application of the doctrine of discoverability in the context of accident benefit claims.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Case Management: Be Zealous But Be Reasonable

    The purpose of case management in the Ontario civil justice system is to reduce unnecessary delay and cost, facilitate early and fair settlements, and bring cases promptly to a just conclusion.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A Million Dollar Bonus After Constructive Dismissal - Case Study: Matthews V Ocean Nutrition Canada Ltd

    The Supreme Court of Canada ("the Court") overturned the decision made by the Nova Scotia Court of Appeal, resulting in an award of one million dollars being afforded to Mr. Matthews...
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    COVID-19: Business Interruption – Are You Covered?

    While it has been "business as usual" for some Canadian companies and organizations, with employees working from home,...
    CanadaCoronavirus (COVID-19)
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    'Unparalleled Production' And Lessons For U.S. Litigants Seeking To Compel Discovery Of Third-Parties In Ontario

    In Actava TV Inc. v. Matvil Corp, released on February 19, 2021, the Ontario Court of Appeal clarified the law on letters of request for third-party production.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Featured Case Study: Water Damage

    In the recent decision of Raubvogel et al v. The City of Vaughan et al ("Raubvogel"), the Ontario Superior Court outlines the distinction between a municipality's policy and operational decisions.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Jury Questions: When To Ask For Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904

    In Ontario, there is a well-established practice of asking jurors to provide reasons for their verdicts. This practice is grounded in section 108(5) of the Courts of Justice Act, R.S.O. 1990, c. 43...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Buyer Beware, Double Car Garage V Single Car Fit - Case Study For Weinstein And Robinovich v. Rexig Realty And Golebiowski (2025)

    After closing of a real estate transaction, the Plaintiff purchasers discovered that both of their vehicles would not fit in what was advertised by the Defendants in a listing as a double car garage.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Liability Limits In Subrogation

    In order to fully consider the viability of subrogation in any given action, it is important to determine any limitations on recovery which may be in place.
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Canadian Inter-Company Arbitration Agreement: How Does It Work?

    It is not news to anyone that resolving civil claims is a long and costly process.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Update On Issues Relating To Autonomous Vehicles: Recent Fatality & The Anticipated Challenges Arising From The Accident

    News of the death of Joshua Brown, a Florida man who died following a motor vehicle accident that occurred while his Tesla Model S vehicle was in autopilot mode, has attracted international media attention...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Immunities And Exploits: Considerations For Subrogation As Against Municipal Or Regional Governments

    As a result of the special nature of local governments, including cities, towns, counties, regional municipalities, etc., they enjoy a special role in respect of litigation, and have a number of unique defences...
    CanadaStrategy
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    For Want Of Jurisdiction

    The Court of Appeal for Ontario recently handed down its latest views regarding when an Ontario court can assume jurisdiction over a non-resident defendant.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Do Ontario Insurance Laws Have Extraterritorial Effect?

    In the case of Unifund Assurance Co. v. Insurance Corp. of British Columbia, a family insured under an Ontario motor vehicle policy, issued by Unifund, ...
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Pokémon Go! Augmented Reality Is The New Reality For Liability Insurers

    Pokémon Go, a new app for Android and iOS users, has captured the attention of smartphone users worldwide since its release on July 6, 2016.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Fast & The Furious: Hard Drugs, Fast Cars & Untimely Death

    In the midst of a crisis, the common law Doctrine of Emergency is a defendant's saving grace.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Spreading Fires: Issues That Arise When Fires Originate At A Neighbour's House

    The determination of liability regarding fire loss cases in Ontario hinges upon the finding of a specific cause of the fire.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Everything You Need To Know About Trial Insurance

    Generally, unsuccessful parties bear the responsibility of paying a, sometimes significant, portion of the successful side's legal costs in addition to their own.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    You're On Candid Camera! - Legal Requirements For Having Surveillance Admitted Into Evidence At Trial

    Prior to setting an action down for trial, any surveillance taken must be disclosed in the party's Affidavit of Documents.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    "Bucking" The Legal Lacuna: The Humboldt Bronco's Record Setting Gofundme Campaign And Saskatchewan's Informal Public Appeals Act

    In the wake of a tragedy, people come together. The terrible event of the April 2018 Humboldt Broncos bus crash is no exception.
    CanadaFinance and Banking
    McCague Borlack LLP
    McCague Borlack LLP

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