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423 results found

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  • Article

    Limitations Law In Accident Benefits Cases

    A limitations defence is perhaps the most powerful defence in existence. Its application completely extinguishes a person's claim, essentially on a technicality, regardless of whether such claim has merits.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Oppression Remedy: Greater Risk Of Personal Liability For Directors And Officers

    In the recent decision of Wilson v Alharayeri, the Supreme Court of Canada unanimously found that directors and officers of a corporation can be personally liable for corporate oppression...
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
Article

Strategies For Managing Claims Related To Subjective Illnesses Or Injuries In A Mediation

Subjective injuries present a multifaceted problem for defense lawyers.
CanadaInsurance
McCague Borlack LLP
McCague Borlack LLP
  • Article

    Judiciary To The Bar: Make Contemporaneous Notes And Take Written Instructions

    You get to your office bright and early with a long list of tasks to complete for the day. Before even taking a sip of your morning coffee, the phone rings.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Proposed Changes To Ontario's Construction Lien Act

    The Construction Lien Act can be a daunting piece of legislation to approach. Combining tight deadlines, technical definitions, and a sometimes complex interplay between its own provisions...
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Ontario Court Of Appeal Reaffirms Waksdale: Dufault v The Corporation Of The Township Of Ignace

    In Dufault v The Corporation of the Township of Ignace,1 the Ontario Court of Appeal reaffirmed the principle from Waksdale v Swegon North America Inc.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Marshall Report: Progress To Date

    On April 11, 2017, David Marshall, Special Advisor to the Minister of Finance, released his final 103-page report regarding Ontario's auto insurance system. The report was entitled: Fair Benefits Fairly Delivered.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A Crack In The Armour? Waivers And The Use Of The Consumer Protection Act

    A recent decision emerging from the Ontario Superior Court of Justice will likely have a significant impact on the viability of waivers in the defence of personal injury actions in Ontario.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Termination / Dismissal (Part 3 Of 6)

    According to the Employment Standards Act, one's employment is terminated if the employer dismisses or stops employing an employee...
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Case Study: Hashemi-Sabet Estate V. Oak Ridges Pharmasave Inc. ("Hashemi-Sabet")

    In the recent Ontario Court of Appeal decision Hashemi-Sabet Estate v. Oak Ridges Pharmasave Inc. ("Hashemi-Sabet") ...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    So You've Released A Defendant Municipality: Can You Still Have A Jury Trial?

    Jury trials provide the opportunity for a group of people, selected at random from the community, to decide issues of fact or assess damages
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Worth Its Weight In Gold? Not When Liability Clauses Tip The Scales

    You had ONE job!!! It's easy to picture someone screaming this into the ether following not only the theft of millions of dollars of gold but an administrative failure which has now led to the loss...
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    UPDATED VERSION - What Are Separated Parents' Rights When One Of Them Refuses To Vaccinate Their Child Against COVID-19?

    Major COVID-19 vaccine producers are attempting to have their vaccines approved for use in children as young as five years old.
    CanadaFamily and Matrimonial
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    What Are Separated Parents' Rights When One Of Them Refuses To Vaccinate Their Child Against COVID-19?

    Major COVID-19 vaccine producers are attempting to have their vaccines approved for use in children as young as five (5) years old.
    CanadaFamily and Matrimonial
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Striking Jury Notices During The COVID-19 Pandemic When Is It More Likely To Happen?

    In just a few short months, the COVID-19 pandemic has prompted seismic changes in all of society; including having a profound effect on the health and behaviour of everyone.
    CanadaCoronavirus (COVID-19)
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Subrogation And Assessment Of Claims

    Subrogation is the mechanism by which an insurer can recover monies that it has paid to its insured by bringing an action in the name of the insured as against a third party who is responsible for the loss.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Court Of Appeal's Take On Deductible & Prejudgment Interest In MVA Claims

    Non-pecuniary damages (also called general damages) are awarded to a plaintiff that sustained a non-monetary loss. These damages are not capable of exact quantification.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Automobile Insurance Fraud: Prevalence, Prevention, And Response

    Insurance fraud is a tale as old as time. The earliest recorded incident occurred in Ancient Greece, around 300 BC.
    CanadaCriminal Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Do Parents Know Best? An Update On The Enforceability Of Waivers Executed On Behalf Of Infants

    It is well-established in Canadian law that a properly drafted waiver of liability can serve as a full defence to a tort claim.
    CanadaFamily and Matrimonial
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Fans Beware: The Risks Of Watching Your Favourite Athletes*

    Toronto has once again found itself in the throes of sports fanaticism this year.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Showing 341–360 of 423 results

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