ArticleEmerging Trends In Personal Injury Damage AwardsIn recent years, there have been a number of developments in the law which have resulted in escalating damage awards...CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleJudge Vs. Jury: Considerations For Medical Malpractice CasesThere has been a shift in attitudes towards juries in medical malpractice cases over time.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleTaking A Dip Into Public Pool Liability: Municipal And Resort Related LiabilityAlthough warm weather is still a few months away, it will not be long before adults and children alike are looking for ways to cool down.CanadaInsuranceMcCague Borlack LLP
ArticleDefamation In The Internet Age: The Law And Social MediaAs of 2016, 88% of Canadians were internet users. Ontario, the most connected province in 2016, had 67% of its residents using social media platforms.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleFans: Enter At Your Own RiskThere have been many notable incidents where spectators found themselves injured while attending a sporting event.CanadaMedia, Telecoms, IT, EntertainmentMcCague Borlack LLP
ArticleThe Art of Due Diligence: Priority Disputes Among InsurersThe 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.CanadaInsuranceMcCague Borlack LLP
ArticleThe Mechanics Of The Duty To DefendThe main purpose of commercial general liability insurance policies ("CGL policies") is to provide protection to an insured party against financial losses...CanadaInsuranceMcCague Borlack LLP
ArticleInherent Risks In Hockey: Recent Developments In The LawThose who have watched or participated in a hockey game will know that rough play is an inherent risk of the sport. Most amateur leagues permit checking, which means that players are often subject to blows and collisions in the course of play.CanadaInsuranceMcCague Borlack LLP
ArticleA Summary Of Threshold Decisions From 2016 And 2017 - Which Got Through And Which Got BouncedThe jury awarded the plaintiff the sum of $125,000.00 for general non-pecuniary damages. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleMultiple Policies, Class Actions With Continuous Losses- Oh My!Case Comment: Loblaw Companies v Royal & Sun Alliance Insurance Co. 2024 ONCA 145, reversing in part 2022 ONSC 449CanadaInsuranceMcCague Borlack LLP
ArticleAttendant Care Benefits - Family Members & Professional Health Care DesignationsAs always, the legal onus is on the claimant to establish entitlement to the benefits claimed.CanadaInsuranceMcCague Borlack LLP
ArticleUnrealistic Coverage: Insurer Tripped Up By Loose Policy Language Case Study: Surespan Structures Ltd. V Lloyds UnderwritersThe recent decision in Surespan Structures Ltd. v Lloyds Underwriter showcases the critical importance of careful draftsmanship of policy wording.CanadaInsuranceMcCague Borlack LLP
ArticleEyes Wide Shut: The Best Defence Is A Good OffenceWith the increasing interconnectivity of businesses to date, information is now exposed to a broad number of threats.CanadaPrivacyMcCague Borlack LLP
ArticleWaiver Of Liability vs. Public Policy – Which Takes Precedence?A waiver of liability is one of the most effective means that an occupier can employ to protect itself from liability arising from dangerous activities on its property. CanadaInsuranceMcCague Borlack LLP
ArticleGetting "Ahead" Of The Changes: Rowan's Law And The Potential Impact On Insureds – Further UpdatesOn May 12, 2013, 17-year-old Rowan Stringer died after sustaining two concussions within a week while playing rugby.CanadaInsuranceMcCague Borlack LLP
ArticleThe Mechanics Of The Duty To Defend, The Duty To Indemnify, And Additional InsuredsThe main purpose of commercial general liability insurance policies ("CGL policies") is to provide protection to an insured party against financial losses which may be incurred if the insured...CanadaCorporate/Commercial LawMcCague Borlack LLP
ArticleUtilizing New Medical Technology In Today's LitigationWhen utilized properly, expert evidence can be a valuable tool in litigation. Experts are allowed to opine on key issues of fact at trial due to the specialized knowledge they possess in their respective fieldsCanadaInsuranceMcCague Borlack LLP
ArticleInsurance Coverage: The Duty To DefendA recent decision indirectly raises the interesting question: Can an insurer under a liability policy make an application, at an early stage of its conflict with the insuredCanadaInsuranceMcCague Borlack LLP
ArticlePrivacy Law For AB InsurersThe last 20 years have seen radical advances in technology, the like humankind has never known.CanadaPrivacyMcCague Borlack LLP