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  • Article

    Liability Exposure For Uber Drivers After A Fare Is Dropped Off

    Over the years, Canadian courts have spent considerable time answering the question: "whether an insured's negligence while using or operating a motor vehicle has ‘caused' – in its recognized legal sense...
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Rules Of Civil Procedure Versus MFIPPA: What Governs Requests For Municipal Employees' Last Known Contact Information In Civil Actions In Ontario?

    The Court recently addressed the contentious issue of whether a litigant, in the course of a civil action, can obtain disclosure of the last known contact information of a municipality's...
    CanadaPrivacy
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Legal Themes Utilized For Medical Liability

    The concept of medical malpractice broadly refers to the tort of negligence being pursued against a regulated health practitioner for actions carried on in the scope of one's medical practice.
    CanadaFood, Drugs, Healthcare, Life Sciences
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Nuances Between Judge-Alone And Jury Trials

    During the COVID-19 pandemic, the courts were unable to hold jury trials for many civil claims, particularly MVA and tort cases. This ended in May 2022, and jury trials for civil...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    "Reasonable And Necessary": Defining The Elusive Test From The Statutory Accident Benefits Schedule

    Whether an expense or service is "reasonable and necessary" is an important legal test in the context of the Statutory Accident Benefits Schedule ("the Schedule").
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Case Comment - Whether A Constructive Trust Should Be Imposed Because Of Unjust Enrichment*

    The application judge found that an oral agreement was made between Moore and the deceased in 2000, shortly after their separation, to the effect that she would pay the premiums from...
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Latency Of Claims For Allied Healthcare Providers

    They are governed by provincial statutes.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Bring Out Your Calculators! Retroactive Attendant Care And SABS Interest

    In Kelly v. Guarantee Company of North America, the insured was injured in a motor vehicle accident on April 6, 2009.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Stipulated Remedy Clauses

    The Landlord in Amexon wished to demolish a large commercial building in which the Tenant occupied leased premises, and redevelop the property.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Transportation Case Law Updates

    The first case is Baroch v. Canada Cartage which dealt with a class action dispute relating to unpaid overtime.
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Termination Provisions And Employment Contracts: The New Order

    Some employers do not see the value in executing employment contracts. However, without termination clauses which limit an employee's entitlements upon termination without cause, damages awarded can be significant.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Recent Decisions Regarding The Admissibility Of Surveillance In Accident Benefits And Tort Claims

    The LAT Rules regarding disclosure are in conflict with the current case law on when surveillance should be disclosed.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Home Modification In Accident Benefits Claims: Guiding Principles And Top Cases

    Ontario's Statutory Accident Benefits Schedule provides home modification benefits for individuals with catastrophic injuries from motor vehicle accidents. This comprehensive analysis examines the legislative framework, practical application, and key legal precedents that determine when home renovations are deemed reasonable and necessary, exploring disputes over quantum, scope, and the balance between accommodation needs and windfall prevention.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Can Auto Insurers Require An Insured To Undergo Medical Examinations?

    Ms. Joaquim (the "Insured") was injured in a motor vehicle accident on January 12, 2017.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A Lawyer's Guide To Discoveries And Timing Of IMEs

    In bodily injury claims, there are typically two types of examination of the plaintiff that take place: (1) Examinations for Discovery, and (2) Independent Medical Examinations.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    No Playing Around: Tort Liability And School Yard Injuries

    Recently, the public learned of a lawsuit against two children regarding a schoolyard incident in 2015.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Municipal Act: Minimum Maintenance Standards Revisited By The Ontario Court Of Appeal

    On Monday, March 28, 2017, the Ontario Court of Appeal released their decision, Lloyd v. Bush, 2017 ONCA 252.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Tick Tock, Tick Tock... The New Timing Rules For Expert Reports

    Expert evidence plays an important role in civil litigation, by providing information where the court does not have the requisite knowledge to make findings of facts that are relevant.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Corrosion Exclusion Denied Due To Ambiguity

    The interpretation of a corrosion exclusion was one of the major issues considered in the recent decision in MDS Inc. v Factory Mutual Insurance Company.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Injunctions To Restrain Breach Of Contract

    The issues that were before the court in 1465152 Ontario Limited v Amexon Development Inc.1 are substantial and far-reaching, particularly for the commercial real estate leasing industry.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Showing 361–380 of 423 results

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