ArticleSummary Judgment Motions In MVA Cases - A Viable Option For DefendantsThe action arose from a motor vehicle accident. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleThe Production Of Cell Phone Records In The Age Of Distracted Driving- Expanding The Limits Of DisclosureThis action arose subsequent to a motor vehicle accident which occurred on February 8, 2012.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleDeclaring Values On "Contracts Of Carriage" In OntarioIt is often said that a bill of lading is not a contract of carriage, but is merely "excellent evidence" of its terms.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleShow Me the Money? Only If You Can Show Me the Hazard! (A Case Comment on Hamilton v Ontario Corporation #2000533 o/a Toronto Community Housing)On September 14, 2017, Justice Sanfilippo of the Ontario Superior Court of Justice granted summary judgment dismissing the plaintiff's occupiers' liability claim, stating that without objective evidence pointing to the cause of her slip and fall, the claim could not succeed.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleThe IPC Clarifies When Insurers May And May Not Collect Health Card NumbersThe 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.CanadaInsuranceMcCague Borlack LLP
ArticleRevisiting Governmental Immunity In Negligence ClaimsIt is generally accepted that policy decisions made by government actors are immune from findings of liability claimed in negligence.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleTo Warn Or Not To Warn: An Explanation Of The Duty To Warn And The Reasonable Foreseeability AnalysisTo what extent must service technicians warn their customers of particular risks associated with the product they are servicing? CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleCanada's Emergency Wage Subsidy In Response To COVID-19The state of the law has been changing daily during the COVID-19 pandemic, and businesses and employers have been especially impacted by these changesCanadaCoronavirus (COVID-19)McCague Borlack LLP
ArticleCasino Niagara: Rolling The Dice On Constructive DismissalThe Court of Appeal found that the trial judge erred in two fundamental respects.CanadaEmployment and HRMcCague Borlack LLP
ArticleAmending To Add Family Law Act Claims: Not So Fast! Case Study: Malik v NikbakhtThe Ontario Court of Appeal heard an appeal in Malik v. Nikbakht, 2021 ONCA 176, brought by the plaintiff, Sarfraz Malik. The action arose from a 2013 motor vehicle accident...CanadaFamily and MatrimonialMcCague Borlack LLP
ArticleMedical Records: Personal Privacy In Conflict With The Rule Of LawBritish Columbia's controversial Tobacco Damages and Health Care Costs Recovery Act is back in the courts.CanadaPrivacyMcCague Borlack LLP
ArticleFrustration Of Contract: When Performance Becomes ImpossibleIn the realm of employment law, parties enter into contracts with the expectation that each will fulfill their obligations as stipulated.CanadaEmployment and HRMcCague Borlack LLP
ArticleThe Divisional Court Rules That All Employment Insurance Benefits Are Deductible Under The SABSIn the recent decision of Aviva Insurance Company of Canada v. Spence, James Brown of McCague Borlack LLP, on behalf of the Appellant, argued successfully in front of the Divisional Court...CanadaEmployment and HRMcCague Borlack LLP
ArticleThe Test For Misfeasance Of Public OfficeThe Rules required the OPA to provide 90 days' notice of changes. CanadaEnergy and Natural ResourcesMcCague Borlack LLP
ArticleA Smoother Path To Resolution: Ontario's Construction Adjudication OverhaulSimilar 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 & ArbitrationMcCague Borlack LLP
ArticleFace The Music: Once Requested, A Mediation Must Be Scheduled ForthwithRecently, the Ontario Superior Court of Justice in Thomson v Portelance, 2018 ONSC 1278, reminded the Bar that a party to motor vehicle accident litigation in Ontario must schedule a mediation once requested. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleFeatured Case: Victoria Mendes Et Al. v. Blaisdale Montessori SchoolIn Mendes v Blaisdale Montessori School, the defendant, represented by Martin Smith, the managing partner of McCague Borlack's Ottawa officeCanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticlePassing The Buck: Payment Of Productions In Personal Injury LitigationIn the recently released Endale v. Parker,1 the Superior Court of Justice has clarified which party ought to pay for obtaining documents, whether by undertaking or otherwise.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleWho Pays To Produce The Medical Records?In Trumble v Soomal, 2020 ONSC 8097, Justice Sloan held in personal injury cases routine and reasonable medical records are producible at the expense of the plaintiff.CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP
ArticleWill The Cap On Attendant Care Benefits Have Retroactive Effect? Superior Court Says 'No'A newly released decision of the Superior Court has put time limits on the application of legislation that sought to "cap" the amount payable in respect of attendant care benefits. CanadaLitigation, Mediation & ArbitrationMcCague Borlack LLP