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  • Article

    Collaborative Care And Vicarious Liability

    The test for establishing vicarious liability has been well defined by the courts.
    CanadaFood, Drugs, Healthcare, Life Sciences
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    All-Inclusive And Without Costs Rule 49 Offers

    In 1985, Rule 49 of the Rules of Civil Procedure was introduced to encourage parties to make and accept reasonable offers to settle. This has had the effect of discouraging parties from delaying...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    High Costs For Hardball: Barry v. Anantharajah

    For many litigators, the notion that costs awarded by the court will be proportional to the actual success by the winning side is the gospel truth.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    SPECT Scan Evidence: A Diagnostic Aid Or A Novel Science?

    The recent Court of Appeal decision in Kolapully v. Myles is significant for two key reasons.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Home Sweet Home: What Constitutes "Living In The Same Household" In A Home Insurance Policy

    In the recent decision in Ferro v. Weiner ("Ferro"),1 the Court of Appeal for Ontario provided clarity as to what constitutes "living in the same household" in a home insurance policy.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    So You Want To Amend A Pleading? Not So Fast!

    In McConnell v. Fraser, McCague Borlack LLP's Eric W.D. Boate successfully opposed the Plaintiff's motion to amend his Statement of Claim to add a new cause of action outside the limitation period.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Aperçu Stratégique Pour Les Employeurs Et Les Dirigeants Au Québec

    La Loi 27, officiellement intitulée Loi modernisant le régime de santé et de sécurité du travail (« Loi »), représente la réforme la plus vaste du cadre québécois en matière de santé et sécurité au travail, et ce, depuis plus de 40 ans.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Here, There And Everywhere, Chasing Fraudsters

    The United States Attorney's Office, Southern District of New York, has charged five individuals with defrauding businesses and insurance companies of more than $31.7 million in an elaborate...
    CanadaCriminal Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Human Rights Claims (Part 6 Of 6)

    Every person who is an employee has a right to be free from harassment in the workplace from both the employer and other employees.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Duty To Mitigate

    Mitigation is a common law doctrine based on fairness and common sense.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    What To Consider When Choosing An Expert: Maxrelco Inc. v. Lumipro Inc.

    The decision provided much-needed clarity on the admissibility of opinion evidence by non-litigation experts
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Employment Termination Clauses: Failure To Specify Minimum Statutory Benefits After Dismissal, But Voluntary Provision Of Those Benefits

    Section 5(1) renders void any contracting out or waiver of a statutory employment standard.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Insurers Beware: Recent Developments In The Duty To Defend And Indemnify

    The scope of an insurer's responsibility regarding the duty to defend and indemnify has increased.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Unpacking The Crate: A Carrier's Tools For Collecting Unpaid Freight Charges

    The modern shipping industry has drastically influenced the complexity of cargo movements.
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Security Breach Reporting Requirements Under The PIPEDA Starting November 2018

    On March 26, 2018, the Government of Canada passed an Order in Council fixing November 1, 2018, as the date on which section 10 of the Digital Privacy Act ("the DPA") comes into force
    CanadaPrivacy
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Employee & Employer Obligations (Part 2 of 6)

    Whether or not expressly mentioned in the employment contract, all employees have the following fundamental obligations.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Probationary Employees: Employers' Termination Rights And Restrictions

    Given that employers have an implied contractual right to dismiss a probationary employee without notice and without giving reasons, many employers believe that they are immune from claims brought against them after terminating an employee within his or her probationary period.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Sharing Revolution – Accident Benefits Coverage For Uber Drivers & Passengers

    In his infamous article, "The Sharing Revolution – It's About More Than Just Getting Twice the Value For Half the Cost", Paul Z. Pilzer discusses a phenomenon he refers to as "the sharing revolution".
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Duty To Defend An Additional Insured Under A CGL Policy

    Service contracts as between sophisticated parties often contain numerous indemnity and insurance provisions, subject to specific terms.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Current State Of The Law On Adverse Costs Insurance

    This type of insurance has multiple names: adverse costs insurance, trial insurance, and after the event insurance.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP

Showing 301–320 of 423 results

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