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423 results found

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  • Article

    Cargo Storage: A Minefield of Regulation

    It was a cold and snowy January evening on Highway 401. A small cargo van was travelling eastbound on a delivery assignment to Ottawa, Ontario. This van was hauling a variety of heavy boxes, of various sizes and weights, which were haphazardly placed in the van. The company had installed a small plywood panel between the driver and the cargo area as an afterthought a couple of weeks previously.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Breaking The Blunt Arrow: Bill 27's Ban On Non-Compete Agreements

    A non-competition clause is a type of restrictive covenant.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
Article

Making Use Of Unusual Torts In Subrogation

Historically, separate and distinct causes of action developed within the law of torts.
CanadaLitigation, Mediation & Arbitration
McCague Borlack LLP
McCague Borlack LLP
  • Article

    Causation, Causation, Causation — Is What's Old New Again Or Are Times A "Changing"

    First presented at the CDL Fall Classic
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A Landlord's Duty To Maintain A Residential Property

    In an economic climate where younger generations cannot afford to purchase real estate, it is of fundamental importance that landlords know and thoroughly understand their duties and obligations.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Beyond The Human Rights Tribunal Of Ontario: Human Rights Damages In Civil Litigation And Key Workplace Safety And Insurance Act Tribunal Decisions

    Since the 2008 overhaul of Ontario's human rights regime, civil courts have been expressly empowered to award remedies for breaches of the Human Rights Code ("Code").
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Autonomous Vehicles - The Next Frontier

    According to the Centre for Automotive Research, the first commercially available, fully autonomous vehicles could arrive on dealership floors as early as 2019.
    CanadaTransport
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Tips For Pursuing A Claim Under The Provisions Of The Sale Of Goods Act

    In the context of subrogated claims, the Ontario Sale of Goods Act ("SOGA") gives rise to a potential cause of action that must be considered in order to ensure that all potential defendants...
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Litigation Loans And Adverse Cost Insurance

    Litigation loans remain a relatively novel issue in Canada, with widespread intra-provincial disagreement on their treatment.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Is Anyone Ensuring That Your Mink Lashes Are Cruelty-Free?

    This article takes a high-level perspective of the regulation of the fur farming industry in Canada, with a specific focus on the predominant fur-bearing species raised on fur farms in Canada: minks and foxes.
    CanadaCriminal Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Real And Substantial Connections And Beyond: Responding To Foreign Lawsuits And Challenging Jurisdiction

    With the proliferation of e-commerce, the past decade has seen a significant increase in the development of "do-it-yourself" online travel booking.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Combatting Exposure: Utilization Of Waivers By Ski Hill And Resort Operators

    With the commencement of the annual winter ski season, the legal exposure to ski hill and resort operators arising from injuries suffered by skiers and resort guests alike consequently increases.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Malpractice & Health Litigation Basics In Canada - A Statistical Primer For Practitioners, Professionals, Hospitals, And Insurers

    Additionally, some professional healthcare groups or 'allied health professionals' have evolved to fill niche areas of clinical practice.
    CanadaFood, Drugs, Healthcare, Life Sciences
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Developments In Loss Transfer: Does The Doctrine Of Laches Apply To Bar Delayed Claims?

    Canada v. Lombard General Insurance Company of Canada1 and Zurich Insurance Company v. TD General Insurance Company, have left the law unclear with respect to the doctrine of laches as applied to Ontario's loss transfer regime.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Application For Accident Benefits Primer (OCF-1) Primer

    Section 32 of the SABS indicates that an applicant shall submit a completed and signed Application for Accident Benefits (OCF-1) within 30 days of receiving the application package.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Legal Causation In Medical Malpractice Claims – The "Actual Harm" And "Real Risk" Tests*

    To some extent this paper is a case comment on Hemmings v Peng. More particularly, it focuses on the issue of remoteness of damage (now generally referred to as "legal causation") in the context of a medical malpractice.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A Cautionary Tale – The Use Of Artificial Intelligence In The Legal Profession: Past, Present And Future

    The evolution of AI in the Canadian Judicial system experienced a slow rise until the introduction of accessible AI software in the past few years.
    CanadaTechnology
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Loss Transfer - When Accident Benefits May Be Transferred To Another Insurer

    In Ontario, Insurers are subject to a "Loss Transfer" regime. Loss Transfer applies when an accident involves specific types of vehicles.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Psychotherapist Costs Reviewed In A SAB Case

    The applicant, Johnson, was involved in an automobile accident in 2017 and sought benefits pursuant to the Statutory Accident Benefits Schedule.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Art of Due Diligence: Priority Disputes Among Insurers

    The enactment of Ontario Regulation 283/95 – Disputes Between Insurers (the "Regulation") has obliged insurers to continue payment of SABS to injured person even where entitlement to these benefits is disputed.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Showing 381–400 of 423 results

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