ArticleCollaborative Care And Vicarious LiabilityThe test for establishing vicarious liability has been well defined by the courts. CanadaFood, Drugs, Healthcare, Life SciencesMcCague Borlack LLP
ArticleAll-Inclusive And Without Costs Rule 49 OffersIn 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 & ArbitrationMcCague Borlack LLP
ArticleHigh Costs For Hardball: Barry v. AnantharajahFor 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 & ArbitrationMcCague Borlack LLP
ArticleSPECT 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 & ArbitrationMcCague Borlack LLP
ArticleHome Sweet Home: What Constitutes "Living In The Same Household" In A Home Insurance PolicyIn 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.CanadaInsuranceMcCague Borlack LLP
ArticleSo 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 & ArbitrationMcCague Borlack LLP
ArticleAperçu Stratégique Pour Les Employeurs Et Les Dirigeants Au QuébecLa 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 HRMcCague Borlack LLP
ArticleHere, There And Everywhere, Chasing FraudstersThe 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 LawMcCague Borlack LLP
ArticleHuman 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 HRMcCague Borlack LLP
ArticleDuty To MitigateMitigation is a common law doctrine based on fairness and common sense. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleWhat 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 expertsCanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleEmployment Termination Clauses: Failure To Specify Minimum Statutory Benefits After Dismissal, But Voluntary Provision Of Those BenefitsSection 5(1) renders void any contracting out or waiver of a statutory employment standard. CanadaEmployment and HRMcCague Borlack LLP
ArticleInsurers Beware: Recent Developments In The Duty To Defend And IndemnifyThe scope of an insurer's responsibility regarding the duty to defend and indemnify has increased.CanadaInsuranceMcCague Borlack LLP
ArticleUnpacking The Crate: A Carrier's Tools For Collecting Unpaid Freight ChargesThe modern shipping industry has drastically influenced the complexity of cargo movements. CanadaTransportMcCague Borlack LLP
ArticleSecurity Breach Reporting Requirements Under The PIPEDA Starting November 2018On 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 forceCanadaPrivacyMcCague Borlack LLP
ArticleEmployee & Employer Obligations (Part 2 of 6)Whether or not expressly mentioned in the employment contract, all employees have the following fundamental obligations.CanadaEmployment and HRMcCague Borlack LLP
ArticleProbationary Employees: Employers' Termination Rights And RestrictionsGiven 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 HRMcCague Borlack LLP
ArticleThe Sharing Revolution – Accident Benefits Coverage For Uber Drivers & PassengersIn 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".CanadaInsuranceMcCague Borlack LLP
ArticleDuty To Defend An Additional Insured Under A CGL PolicyService contracts as between sophisticated parties often contain numerous indemnity and insurance provisions, subject to specific terms. CanadaInsuranceMcCague Borlack LLP
ArticleThe Current State Of The Law On Adverse Costs InsuranceThis type of insurance has multiple names: adverse costs insurance, trial insurance, and after the event insurance.CanadaInsuranceMcCague Borlack LLP