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  • Article

    Constructively Dismissed? You May Have To Go Work For Your Old Boss

    The recently released Ontario Superior Court of Justice decision, Gent v Strone Inc. reiterates the importance of an employee's duty to mitigate damages by accepting an offer of re-employment from his or her former...
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Court Of Appeal Declines Remedies Against Person Harassing Mayor, Township

    The Ontario Court of Appeal has recently upheld an application judge's decision to deny the mayor and Town of Rainy River relief from the harassment of a local resident in its recent decision...
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Release Provisions Prohibiting Regulatory Complaints Deemed Unenforceable - Case Comment: 2724582 Ontario Inc V Gold, 2025 ONCA 531

    In 2724582 Ontario Inc v Gold, 2025 ONCA 531, the Court of Appeal for Ontario upheld a motion judge's decision that provisions within a Release preventing a releasor from making regulatory complaints...
    CanadaFinance and Banking
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Supreme Court Of Canada Keeps The Onus On Banks Over Innocent Drawers For Fraudulent Bills Of Exchange

    In Teva Canada Ltd. v. TD Canada Trust, the Supreme Court of Canada considered the defence to the tort of conversion under s. 20(5) of the Bills of Exchange Act.
    CanadaFinance and Banking
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Risk Management And Cannabis In Ontario: What Is Going To Be Legalized And When?

    The Federal Government of Canada has yet to set a date for the legalization of recreational cannabis in Canada.
    CanadaFood, Drugs, Healthcare, Life Sciences
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Driving Outside Of The Lines: Regulatory System v. Autonomous Vehicles

    In recent months, tensions have risen between regulators and companies developing autonomous vehicles. Applying and waiting for the approval of permits may seem inordinate for developers eager to test out and improve their autonomous technology in a highly competitive and fast-paced field.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Is There A 10 Day Time Period On EUOs?

    The decision serves as a useful reminder of the broad rights afforded to insurers in conducting the fact-finding exercise of an Examination Under Oath.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    How Much Is This Lawsuit Going To Cost Me? Case Study No. 1 of 2: Corbett v. Odorico

    The litigation stemmed from a motor vehicle accident that occurred on December 5, 2009. The plaintiff, Sara Corbett, was a homemaker with two young sons.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Is Solicitor-Client Privilege Absolute? Case: One York St. Inc. v. 2360083 Ont. Ltd.

    Parties to litigation can expect that particulars of the advice they have received from counsel will remain privileged in most instances. However, there are times when a party, through its actions or its pleadings...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    LAT Reconsideration Request Due To Error Of Law

    In the recent reconsideration decision of 2020 ONLAT 19-006032/AABS, McCague Borlack LLP's Mahroze Khan was successful in having the applicant's request...
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Marfo v. Ahmed: A Restatement Of The Law Regarding Defence Medical Examinations

    The defendants, having already obtained a defence physiatrist assessment, requested that the plaintiff undergo a defence orthopedic assessment to counter the orthopedic report served by the plaintiff.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Summary Judgment Motions In MVA Cases - A Viable Option For Defendants

    The action arose from a motor vehicle accident.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Production Of Cell Phone Records In The Age Of Distracted Driving- Expanding The Limits Of Disclosure

    This action arose subsequent to a motor vehicle accident which occurred on February 8, 2012.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Expert Review Of Ontario's Construction Lien Act

    On April 30, 2016, an expert review of Ontario's Construction Lien Act was submitted to the Ministry of the Attorney General and the Ministry of Economic Development, Employment, and Infrastructure.
    CanadaReal Estate and Construction
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The IPC Clarifies When Insurers May And May Not Collect Health Card Numbers

    The Office of the Information and Privacy Commissioner of Ontario ("IPC") recently considered whether and under what circumstances insurers could collect health card numbers from their insureds.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Revisiting Governmental Immunity In Negligence Claims

    It is generally accepted that policy decisions made by government actors are immune from findings of liability claimed in negligence.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    To Warn Or Not To Warn: An Explanation Of The Duty To Warn And The Reasonable Foreseeability Analysis

    To what extent must service technicians warn their customers of particular risks associated with the product they are servicing?
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Frustration Of Contract: When Performance Becomes Impossible

    In the realm of employment law, parties enter into contracts with the expectation that each will fulfill their obligations as stipulated.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Proposed Changes To Ontario Accident Benefits, And Potential Impacts On Tort Claims

    The 2024 Ontario Provincial Budget, titled "Building a Better Ontario" was recently released, and it proposes several changes to the automobile insurance regime, which could have profound impacts if adopted.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    A Smoother Path To Resolution: Ontario's Construction Adjudication Overhaul

    Similar to many different areas of law, in Construction Law there is a mechanism for alternative dispute resolution, namely interim adjudication. Using adjudication as an alternative can be an effective way to resolve.
    CanadaLitigation, Mediation & Arbitration
    McCague Borlack LLP
    McCague Borlack LLP

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