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  • Article

    Mitigation: Loss Control & Failure To Prevent

    Mitigation is a common law doctrine based on fairness and common sense. As a general rule, a plaintiff will not be able to recover losses that could have been reasonably avoided.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Corporate Veil Won't Cover Personal Misrepresentations

    In the recent case of Meridian Credit Union Limited v Baig,1 the Court of Appeal considered the duties owed by various parties to be honest and to not mislead each other during the course of real estate transactions.
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Strategic Overview For Employers And Organizational Leaders

    Law 27, formally known as An Act to modernize the occupational health and safety regime, represents the most sweeping reform to Québec's workplace health and safety framework in more than 40 years.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    "Falling Back" To More Pedestrian And Cyclist Motor Vehicle Accidents

    As Daylight Savings Time ends, so begins a new time for drivers in Ontario. Drivers must take extra care of their surroundings not only because of the weather but also because of reduced visibility due to less daylight.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Navigating Subrogation In Canada

    As a brief introduction to the topic, in Canada, subrogation is ruled by the common law, with some modifications made by statutes and contracts.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Fundamentally Different: Supreme Court Of Canada On Statutory Rights Of Appeal And Judicial Review

    In discussing limited rights of appeal pertaining to questions of law, The Supreme Court of Canada ("SCC") in Yatar v. TD Insurance Meloche Monnex unanimously...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Condominium Corporation Issues: The President's View

    The insurance provisions in the Condominium Act, 1998 ("the Act") override any conflicting provisions in an insurance policy or the Insurance Act.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Lights, Camera, Financial Transaction: Auditor Liability After The Livent Decision - *Updated June 10, 2016*

    The Ontario Court of Appeal's decision in Livent is complex in detail but simple in outcome. Auditors carry more responsibility when auditing publicly-traded corporations because the potential fallout from their negligence is greater.
    CanadaAccounting and Audit
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Autonomous vs Semi-Autonomous Vehicles: The Liability Distinction

    On May 7, 2016, news spread around the world about Joshua Brown, who was killed instantly when his vehicle collided into a tractor-trailer crossing an uncontrolled intersection in central Florida.
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Changes To The Accident Benefits Regime

    In August of 2015, the Ontario government proposed significant amendments to the province's no-fault automobile benefits regime, effective June 1, 2016.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Recent Trends In Civil Litigation As A Result Of COVID-19

    In March 2020, the world came to a near standstill because of the COVID-19 pandemic. Like many other industries, civil courts and litigators had to adapt to the...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Watching The Watchers: Judicial Limitations On The Use Of Surveillance Evidence

    Surveillance evidence is among the most powerful tools available to a defence lawyer and their client.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Factors To Consider During The Tendering Process

    This appeal concerns the tendering process used by Alberta Environment and Parks to solicit bids for a contract for the operation, monitoring and servicing of water and wastewater services in the...
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Supreme Court Of Canada Settles Controversy, Adds To List Of Substantive Review Precedents

    The Supreme Court of Canada recently released its judgments in Auer v. Auer, 2024 SCC 36 and TransAlta Generation Partnership v. Alberta, 2024 SCC 37.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The United Airlines Debacle In The Context Of Canadian Tort Law

    Airlines have faced increased legal, public relations and operational challenges ever since Dr. David Dao`s forcible removal from his United Airlines flight on April 9, 2017.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    An Update On Uber And Autonomous Vehicles

    This article is intended to serve as a brief update on two topics that we focused on in our previous papers: Uber and autonomous vehicles.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    HBC Trademark Troubles - A Review Of The Zellers Trademark Dispute Between HBC And A Quebec Retail Family

    The recent lawsuit initiated by the Hudson's Bay Company against a Quebec retail family demonstrates how easy it can be for trademark ownership rights to slip through your fingers by simply missing a trademark renewal deadline.
    CanadaIntellectual Property
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Back To Basics On Betterment: A Primer On Recent Judicial Decisions Pertaining To The Issue Of Betterment

    The long established principle applicable to damages in tort actions is best captured by the Latin maxim restitutio ad integrum, which means that the damages shall be such as will, so far as money can...
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Uber Now Delivers

    Uber, the cashless, mobile app run ride-sharing company, has been pushing the limits of the traditional taxi model.
    GlobalTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Future Of Litigation And Autonomous Vehicles

    Autonomous vehicles are defined as self-driving vehicles capable of sensing their environment using artificial intelligence, sensors and GPS coordinates to drive themselves without human input.
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP

Showing 321–340 of 423 results

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