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  • Article

    Featured Case Study: Raho Mohamud v. Old Republic Insurance Company

    The LAT acted quickly and efficiently to correct an error that was contained in the decision of 16-000179 - Raho Mohamud v. Old Republic Insurance Company that was released by the tribunal earlier this month.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Which Doctor's Opinion Counts On Threshold Issues? Case Study: Sanson v Paterson v Sanson v Security National Insurance

    What types of physicians can opine on threshold issues? In the Ontario Superior Court decision, Sanson v Paterson v Sanson v Security National Insurance...
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    $30,000 Awarded For Defamatory Statements Made On Facebook

    In April 2014, the Defendant sent two private messages to the Plaintiff's daughter where he expanded on the claims he made in September 2013.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Back To The Future Causation Alert: Clusters Trumps Medical Causation In Judicial Review Of Technicians' Breast Cancer

    Michael J. Fox is a well-known Canadian comedic actor probably best known for the "Back to the Future" movie trilogy and other successful small screen comedies.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Punitive Damages V Employee Contributory Negligence

    The decision of the Ontario Court of Appeal in Eynon v Simplicity Air is a significant decision on punitive damages in Canada. The Court upheld a $150,000 jury award of punitive damages in favour of an employee.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Buyers and Agents Beware: BC Court Rules That Representative Is Responsible for Tax Owed by Buyer

    In Canada, resident sellers of a principal residence are usually eligible for an exemption from the capital gains tax that would otherwise be triggered by the sale of a principal residence. On the other hand, non-resident sellers must pay a capital gains tax of 25% on the profits from the sale of a residential property.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Civil Claims Online Portal: Filing Non Urgent Documents Online

    In response to COVID-19, the Ontario Superior Court of Justice (SCJ) has made necessary changes to procedural deadlines and steps over the last few weeks.
    CanadaCoronavirus (COVID-19)
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Directors' And Officers' Liability In The Age Of COVID-19

    As we enter into our fifth week after the declaration of an emergency by the Province of Ontario1 due to COVID-19, we are all adjusting to our "new normal" of social distancing...
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Silence Is Not Golden When It Comes To Contracts

    The Supreme Court recently undertook to further refine the duty of honest performance in contract law.
    CanadaCorporate/Commercial Law
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Compensation Expectations For Long-term Employees Terminated

    Employers must be wary of what compensation long-term employees are entitled to in lieu of notice when laid off during times of economic uncertainty. The entitled compensation...
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Employment Contracts: New Term? New Consideration!

    The recent judgment of the Ontario Court of Appeal in Holland v. Hostopia.com Inc., 2015 ONCA 762, sheds light on the (in)ability of employers to alter employment contracts after an employee has already commenced employment.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Featured Case: Doyle v Zochem Et Al. 2016 ONSC 3188

    Martin Smith, the managing partner of the Ottawa office of McCague Borlack LLP, with the able assistance of Desneiges Mitchell and Rachel Leck, associates, successfully reduced a multimillion-dollar wrongful dismissal claim brought by a terminated plaintiff.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Important Decision On When Catastrophic Accident Benefits Become Overdue

    The Court of Appeal has released a decision placing the onus on an insurer for determining whether a claimant is catastrophically impaired.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Best Defence Is Sometimes Not The Best Offence: The Value Of A Well-Drafted Waiver

    The Ontario Superior Court of Justice recently examined the effectiveness of a signed waiver as a full defence in the context of injuries sustained during recreational sports play in Levita v. Alan Crew et al.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Brain Injuries - Admissibility Of SPECT Scans As Evidence

    Admissibility of SPECT Scans as Evidence
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    How Much Is This Lawsuit Going To Cost Me? Case Study No. 2 Of 2: Carroll (Litigation Guardian Of) v. McEwen

    This case involved an action for damages arising from a motor vehicle accident. The Jury divided liability in the proportion of 62/38 between the Plaintiffs and the Defendants
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Superior Court Re-Affirms That Bus Drivers Are Held To A Higher Standard Of Care

    In the recently decided case of Gardiner v. MacDonald, 2016 ONSC 602, Madame Justice Roccamo presided over a trial arising from a brutal collision where a public transit bus T-boned an SUV...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Claim For Loss Of Opportunity Damages

    In Akelius Canada Inc. V. 2426196 Ontario Inc., J. Morgan ruled on the matter of whether a European based real estate investor who suffered a breach of contract by a seller in Toronto could be awarded damages ...
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    You Got Hacked: Limits On Liability

    In Owsianik v. Equifax Canada Co (Equifax), 2021 ONSC 4112, the Divisional Court was required to determine the scope of the court to intervene when Equifax's client stored data...
    CanadaTechnology
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Early Inquiries Are Critical To Ensuring Inclusion Of Defendants

    In Ali v. City of Toronto,1 Master M.P. McGraw ruled on plaintiff's motion for leave to amend their statement of claim to add a party as a defendant to the action.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP

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